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This structured settlement has a present value of $600,000 cash plus a future payout of $1,557,316, plus the waiver of a $100,000 Workers Compensation lien. Pltf., a 25-year-old roofer, claimed that on 1/26/96, he was working at 5 Wellwood Ave. in East Farmingdale when he fell through a hole in the roof, which had been cut for a skylight, and fell 20 feet to the frozen ground. Pltf. was granted summary judgment pursuant to Labor Law §240 on 3/9/98. Deft. was granted complete indemnification from Third- party Deft., Pltf. s employer, Third-party Deft. Six Gs. Third-party Deft., however, through their attorney, believed that it did not have any insurance coverage and failed to notify the State Insurance Fund of the liability claim against it. The State Insurance Fund disclaimed because of the lack of timely notice. The trial was ready to proceed, with Six Gs being uninsured and represented by private counsel. Note: Following jury selection, an Order to Show Cause was brought by Six Gs original attorney, who claimed that he could not try the case because of a conflict of interest arising from the fact that Third-party
Deft. could decide to sue him for malpractice. Judge Catterson disbanded the jury, and gave Third-party Deft. 30 days to obtain new counsel. The case settled in the interim.
Injuries: bilateral perilunate-lunate fractured dislocation of the wrists resulting in bilateral Kienbock s disease.
Pltf. did not return to work, and he claimed that he would require bilateral wrist fusions. Deft. contended that Pltf. would have been able to return to work in a different field. Demonstrative evidence: Pltf. would have used medical illustrations of the wrist fracture and surgery; models of wrist. |