$849,896 verdict for laborer

The New York Jury Verdict Reporter

CONSTRUCTION
Labor Law

Laborer Fell From Unstable Ladder

Verdict $849,896 Casa John Babiak v Calvary Pentecostal Church, No 18087/99 Court Kings Supreme Judge Lawrence Knipel) Date 2/29/2003

Plaintiff Attorney(s) Kim H Townsend, New York NY, trial counsel

Defense Attorney(s) Thomas J. Chaves, Smith & Laquercia, L L P, New York, NY

Facts: Plaintiff John Babiak, 39, a polish speaking construction worker, fell off a second to top step of a ladder while installing a drop ceiling in the newly constructed Calvary Pentecostal Church in Brooklyn, N Y Babiak claimed that the he was given an old, unstable A frame ladder by his foreman and that the ladder's instability caused him to fall No eyewitnesses were produced at trial, but Babiak's co workers admitted that they had been apprised of Babiak's accident shortly after it occurred Defendant contended that wooden ladders were never used at the construction site The court directed a verdict for plaintiff on Labor Law §240 Babiak's employer was not brought into the case.
Injuries
fracture, elbow, herniated disc, lumbar, herniated disc, cervical Babiak claimed that he sustained a complex fracture of the left elbow, resulting in malunion and limitation of motion. He also claimed herniated cervical and lumbar discs, which, he testified, caused him persistent, intractable pain He received hundreds of treatments for the elbow and the neck and back pain, including multiple trigger point injections and laser disc surgery Babiak claimed that he is totally disabled Defendant contended that Babiak sustained a relatively minor elbow fracture that healed with minimal limitation of motion Its orthopedist admitted, however, that Babiak could not return to construction work Defendant produced a vocational rehabilitation expert, who testified that Babiak could be gainfully employed in "light maintenance" or 'reprographics." Defendant also contended that Babiak has worked since the accident, and it produced August 2002 hospital records of treatment for injuries allegedly sustained in a recent fall from a scaffold. Babiak contended that the history portion of the records was erroneous and the result of his English language limitations. Babiak asked the jury to award $1,500,000 for damages, plus an additional award for pain and suffering, Calvary Pentecostal requested $104,000
Result The jury awarded Babiak $849,896
Plaintiff(s)