Attorney Ryan's Case on List of "Top New York Settlements of 2013"

Of all the settlements, mediations and arbitrations reported to last year, the New York Law Journal selected 25 as the "Top New York Settlements of 2013." Our team at Lurie, Ilchert, MacDonnell & Ryan LLP is proud to announce that one our cases has been chosen for this listing for the third year in a row! In the case featured for 2013, Attorney William J. Ryan helped a client obtain $6 million mediated settlement for a laborer who became a quadriplegic after being injured while unloading a tractor-trailer.

The settlement ranked as No. 8 on the overall list, and it ranked as No. 2 when compared to only to other settlements in the Worker/Workplace Negligence category. Below are some of the basic details of the case, which were featured in the "Top New York Settlements of 2013" special section.

Case: Chan v. Railex LLC—settled January 17, 2013, Kings Supreme Court

Accident Details: In April 2010, 50-year-old Kwan Ting Chan (who is a laborer) was unloading a tractor-trailer in the course of his employment in the East Williamsburg section of Brooklyn. A box fell off a pallet and struck Mr. Chan on the head, which resulted in a serious neck injury that caused him to be paralyzed.

Injuries: As a result of the accident, Mr. Chan received a burst fracture to his C5 vertebra, which led to permanent quadriplegia. After being released from the hospital, he had to start living in a nursing facility and has been there ever since.

Claims of Negligence: The accident victim took legal action after his accident. Claiming that the accident was caused by incorrect loading of the truck, Mr. Chan sued the following defendants: Railex LLC, the employer of the workers who loaded the tractor-trailer; Leroy Dedicated Logistics Inc., the company that owned the truck; and A&J Produce Corp., a company that was thought to have been involved in the truck's loading. A&J Produce was later dropped from the case, but another defendant took its place. This was because Railex LLC and Leroy Dedicated Logistics Inc. claimed that Top City Produce Inc., Mr. Chan's employer, was responsible for the accident due to negligent unloading by its employees. The victim's wife also filed a claim.

On the victim's behalf, Attorney Ryan argued that the 30-pound boxes were supposed to be secured in place with cardboard corner panels and plastic wrap, but that Leroy Dedicated Logistics failed to take the appropriate measures to make sure the boxes and pallets were secure.

Settlement: The final settlement (which was finalized with the assistance of mediator Allen Hurkin-Torres) amounted to $6 million. This doesn't include the lifetime of workers' compensation benefits that the injury victim should also be receiving. Here's how the settlement was divvied up: $5,775,000 to be paid by Top City Produce's insurer, $150,000 to be paid by Railex's insurer and $75,000 to be paid by Leroy Dedicated Logistics' insurer.

This was a major victory that demonstrate the talent and dedication of the skilled New York construction accident lawyers at Lurie, Ilchert, MacDonnell & Ryan. Our firm has an impressive track record when it comes to our case results. Contact us to learn more about how we can help you fight for fair compensation in your case!

Categories: Personal Injury