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SETTLEMENT: $6,750,000 for injuries suffered by Pltf.
XIII/12-39 Construction Accident Labor Law Failure To Provide Scaffold Asphalt Layer Falls From Roof Fractured Skull And Brain Damage
John and Marie Kozlowsky v. Jack Marley, Roger Gardner, and Ronald Fedderman, indiv. and d/b/a First Winthrop Group; Mario and Francis Marone, indiv. and d/b/a Mar-1 Associates; and Ercona Corp. v. Mar- 1 Power System, Inc. d/b/a Corvette Station/John and Marie Kozlowsky v. Mather Hospital 24677/89 Date of Settlement 5/12/95'Suffolk Supreme
Facts:
This case settled at the end of Pltf.'s proof for a lump sum settlement of $6,750,000 for injuries suffered by Pltf., a 37-year-old asphalt layer who was injured when he fell from a paint spray booth on 6/26/88 in a warehouse owned by Defts. on Patchogue Rd. in Port Jefferson. Pltf. contended that he was dismantling the booth at the time of the accident. He testified that he climbed atop the structure and released the ceiling bolts, when the structure collapsed. Pltf. alleged violation of Labor Law 240 for failure to provide a scaffold. Pltf. fell 12 feet to the concrete floor below.
Injuries:
Skull fracture over the middle meningeal artery resulting in severe cognitive deficits, hemiparesis, and a personality disorder focused on food. The personality disorder causes Pltf. to eat food off the floor, throw tantrums if he cannot eat whenever he wants, and to fight with others for food that they have. Pltf. Experts: Dr. Donald Holzer, neurologist, East Patchogue; Dr. Isaak Halegoua, internist, Port Jefferson; Dr. A. Hyman Kirshenbaum, neurosurgeon, Manhattan; Dr. Anna Dutka, Ph.D., economist, Manhattan; Kathleen Hopkins, safety engineer, Red Bank, New Jersey. Deft. Experts: Dr. Jack Greenwood, neurologist, Port Jefferson; Dr. Allen Zippin, neurosurgeon, Smithtown.
Source: www.verdictsearch.com
