The legal team at Lurie, Ilchert, MacDonnell & Ryan LLP is proud to
announce that Attorney Dennis A. Breen recently won a $1,750,000.00 jury
verdict on behalf of his client, K.H. The 44-year-old had been injured
while working on a construction site in Huntington, NY. He suffered serious
injuries to his heel and wrist after
falling off of a ladder, subsequently ending his career as a manual laborer. As a result, he decided
to bring suit against the project's general contractor, Ben Krupinski
Builder and Associates Inc. K.H. alleged that the ladder had slipped out
from beneath him, leading him to believe that the device had not been
adequately secured before he ascended to the building's roof—which
is a violation of
New York State Labor Law 240(1).
For this reason, he sought $900,000.00 for past pain and suffering and
$1.5 million for future pain and suffering from the negligent contractor.
The defense counsel contended that K.H. was an experienced construction
worker who should have foreseen an accident if he, himself did not check
the ladder's security. Despite these arguments, however, Judge Bernadette
Bayne directed a verdict that held Ben Krupinski Builder and Associates
Inc. liable for damages. Although the jury decided that the plaintiff's
damages totaled around $1,750,000.00, a previously determined high/low
stipulation barred him from recovering more than $950,000.00. Even so,
K.H. and the entire legal team at Lurie, Ilchert, MacDonnell & Ryan
LLP are pleased with the outcome of this case.
The reason that our client's recovery was capped at $950,000.00 was
because the defense counsel had contended that he had not suffered complex
regional pain syndrome or permanent injury. They explained that, while
conducting post-accident surveillance, they witnessed K.H. performing
reasonably strenuous tasks, like carrying heavy bags of laundry. For this
reason, both parties agreed that the plaintiff's recovery would not
exceed $950,000.00 nor be any lower than $400,000.00. That being said,
we believe that our client was able to recover the level of compensation
that he deserved—especially when considering the fact that he will
never again be able to return to his career as a construction worker.
If you or someone you love has been injured under similar circumstances,
you too should not hesitate to hold the responsible party accountable.
With the help of a
New York construction accident lawyer from our firm, you can start building your case today. Not only have we
been successful in securing more than $420 million dollars in compensation
over the last 50 years, but we have even earned a spot in the coveted
Multi-Million Dollar Advocates Forum. For this reason, you can trust that
we know what it takes to win your case.
Call our office today at (646) 759-9910 to learn more.