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Framer hit head by falling wood
| CASE: |
William Quinn Jr. & Cathleen Quinn v. William J. Mich Jr., Kathleen Mich & “ABC Corp.” v. McAvoy Construction No. 12567/01 |
| SETTLEMENT: |
$1,500,000 |
| COURT: |
Suffolk, Supreme, New York |
| JUDGE: |
Daniel J. Loughlin |
| PLAINTIFF ATTORNEY(S): |
Christopher C. Bragoli, Esq., Bragoli & Associates, P.C., Melville, New York |
| DEFENSE ATTORNEY(S): |
John J. Doody, Lewis, Brisbois, Bisguard & Smith, LLP, New York, NY
Louis F. Eckert, Lewis, Brisbois, Bisgaard & Smith, LLP, New York, NY |
| FACTS: |
On April 6, 2001, plaintiff William Quinn Jr., 27, a carpenter and framer, worked at a residential construction site that was located at 18 Emmet Drive, in Stony Brook. While he was working on the site’s first floor, his head was struck by a piece of plywood that had been dropped from the site’s third floor. He sustained skull injuries.
Quinn sued the property’s owners, Kathleen Mich and William Mich, Jr., and the project’s general contractor. He alleged that the defendants violated the Labor Law.
The general contractor commenced a third-party suit against a subcontractor, McAvoy Construction. The general contractor sought indemnification.
Quinn claimed that the defendants failed to provide equipment that would have allowed the plywood to be safely lowered to the site’s first floor. He also claimed that he was not provided a hard hat and that he was not required to wear one.
Quinn’s construction expert and biomechanical-engineering expert opined that if the defendants had provided a hard hat and required Quinn to wear one on the job site, he would have sustained a merely minimal injury or no injury.
Quinn’s counsel contended that the accident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Quinn was not provided the proper, safe equipment that is a requirement of the statute. They also contended that the site violated the Industrial Code, New York Codes, Rules and Regulations Title 12, Part 23-1.8(c)(1). They argued that the Industrial Code violation established that the site was not properly safeguarded, thus establishing a violation of Labor Law § 241(6). |
| INJURIES/ DAMAGES: |
The trial was bifurcated, so damages were not before the court.
Quinn was placed in an ambulance and taken to Stony Brook University Hospital. He was diagnosed with a skull fracture and a compound comminuted fracture of the frontal sinus. He underwent a craniotomy on the fractured skull and an elevation and debridement of the sinus fracture with dural repair involving the anterior and posterior wall of the frontal sinuses. He also underwent a bilateral frontal sinus cranial elevation and cranioplasty repair of the dural tears, frontal sinus exenteration, and frontal reconstruction.
Quinn claimed that he suffers from memory loss and a partial loss of smell and taste. He alleged that he was rendered totally disabled and unable to resume any type of employment. He claimed that he can no longer return to his job working full time, earning approximately $40,000 per year. Quinn sought recovery for his past and future pain and suffering.
Defense counsel claimed that Quinn had made a good recovery from his injuries. It was the defense experts’ opinion that Quinn had no residual injuries preventing him from working in a normal capacity. |
| VERDICT: |
During the trial, Quinn and the general contractor agreed to a $1.5 million settlement. |
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