Construction Worker Fractures Left Knee & Hip Injury = $1,200,000

On May 30, 2018 the appellate court covering Queens County refused to overrule a trial court Judge who had reduced a jury verdict from $2,251,663 to $1,200,000. The plaintiff construction worker was in the process of removing the fourth floor of a commercial building when a coworker requested his help in moving a metal beam. In order to reach his coworker, the plaintiff had to detach his harness from the safety line which was not long enough to allow him to reach the coworker. When they moved the metal beam it struck the wooden beam on which the construction worker was standing causing him to fall to the third floor below.

The defense argued that plaintiff was solely responsible for removing his safety harness but the Court and Jury disagreed--"The availability of a particular safety device will not preclude liability if the device alone is not sufficient to provide safety without the use of additional precautionary devices or measures....The plaintiff was not provided adequate safety equipment to prevent him from falling." The plaintiff suffered a left knee fracture and an aggravation of a pre-existing acetabular hip impingement.

The plaintiff was awarded $709,000 for pain and suffering; $324,000 for medical expenses: and, $167,000 for past wages totaling $1,200,000. Munzon v Victor, 2018 WL 2424756

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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