Of all the settlements, mediations and arbitrations reported to VerdictSearch.com
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.
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.
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
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!