XIX/10-38 LABORLAW - ELECTRIC SHOCK - FALL FROM SCAFFOLD

HERNIATED LUMBAR DISC AND CARPAL TUNNEL SYNDROME

SETTLEMENT: Javier M. v. Structure Tone, Inc. and P.E. Stone, Inc. v. Petrillo Stone Corp. 112012/97 Date of Settlement 4/30/01 New York Supreme

Pltf. Atty: Mark T. Freeley of Buttafuoco & Associates, Woodbury.

Deft. Atty: Alexandra C. Karamitsos of Wilson, Rave, Conboy, Cozza & Couzens, P.C., White Plains, for Structure Tone.

Gerald P. Dwyer of Dwyer & Brennan, Manhattan, for P .E. Stone.

Roger McTieman of Barry, McTiernan & Moore, Manhattan, for Petrillo Stone.

This action settled prior to jury selection for $690,000, plus the waiver of a $152,830 Workers Compensation lien. Pltf., a 42-year-old stone setter, was setting stone on a building wall on 12/23/96 at a construction site in Manhattan when he received an electric shock. Pltf. claimed that a halogen lamp attached to the scaffold he was using had exposed wires, which sent a current into the scaffold, causing him to fall about 10 feet. Pltf. fell onto a co-worker, but he hit his hand and back on the scaffold as he fell. All pretrial motions, including Pltf. s motion for summary judgment pursuant to Labor Law §240, were denied. Prior to settlement, Pltf.'s employer, Petrillo Stone, had assumed the defense for Structure Tone.

Injuries: herniated lumbar disc requiring a discectomy; carpal tunnel syndrome requiring surgery. Pltf. was out of work for 2 years. He returned to work as a limousine driver. Carriers: CNA for Petrillo, which had assumed the defense for Structure Tone; Travelers for P.E. Stone; Kemper for Petrillo Stone on Workers Compensation lien. Settlement apportionment: $615,000 paid by Petrillo for Structure Tone; $75,000 paid by P.E. Stone; $152,830 Workers Compensation lien waived by Third-party Deft. Petrillo.