On July 14, 2022, a Nassau County jury determined what was a fair and reasonable award to a 51 year old (former) electrician injured on the job four years ago. The electrician was standing on a ladder to inspect a dumbwaiter's panel when the fingers of his right hand became trapped between some cables and a pulley crushing four fingers. Liability under Labor Law 200, 240 (1) was imposed on the owner of the site on a pre-trial motion leaving the issue of damages for a jury to resolve. Injuries included lacerated tendons, nail avulsions, comminuted fractures to the distal phalanx requiring four surgeries within the first five months of the accident. Surgeries involved open reduction/internal fixation, excisional debridements, repair of torn tendons and nail beds.
The plaintiff never returned to work as an electrician or in any other capacity. Medical experts debated the degree of plaintiff's recovery and whether plaintiff was employable in alternate vocations. The jury awarded the plaintiff $100,000 for past pain and suffering, $300,000 for future pain and suffering; and, $830,000 for past and future lost wages. McCarthy v Bethpage Union Free School District, Supreme Court, Nassau County, Index No. 603662/19