$5,500,000

Facts & Allegations

On Aug. 30, 2005, plaintiff, 40, an electrician, was working in a Federal Express warehouse located at 300 Maspeth Avenue in Brooklyn. He and a co-worker were assigned to the area to repair various high bay lighting fixtures that were attached to the ceiling of the loading dock area, and which were not functioning. In order to reach one of the fixtures, Plaintiff climbed a 28-foot aluminum extension ladder. While working on the fixture, he was caused to fall approximately 14 to 16 feet and landed on his head.

Plaintiff alleged the defendant a violation of the Labor Law. Plaintiff claimed that he was not provided with any protection as he climbed the 28-foot ladder and that while he was in the course of his duties he received an electric shock, causing him to fall.

The court granted the plaintiff's motion for summary judgment on liability.

Injuries/Damages

blunt force trauma to the head; unconsciousness; fracture, skull; hemorrhage; contusions; swelling; catheterization; fracture, L1; fracture, L2; fracture, L3; fracture, L4; fracture, L5; fracture, multiple ribs (bilaterally); lung, puncture; internal bleeding

Following the fall, Plaintiff was rendered unconscious after landing on his head. He was found at the scene bleeding from his mouth, ears and head. He was subsequently rushed from the scene by ambulance and presented to Elmhurst Hospital Center, where he was diagnosed with numerous injuries, including skull fractures and brain hemorrhaging, contusions and swelling. Plaintiff also sustained fractures to five levels of the thoracic spine and to the L1, L2, L3, L4 and L5 levels of the vertebrae. In addition, he suffered multiple rib fractures, bilateral punctured lungs and significant internal bleeding.

At the hospital, an intral-cranial pressure monitor was inserted operatively through a burr hole in Tirado's skull. He also had to be inserted with endotracheal, nasogastric and chest tubes, as well as with a subclavian central venous line and foley catheter. Tirado ultimately required regular cognitive rehabilitation therapy and psychotherapy.

Plaintiff claimed that his most significant injury was to his brain, which he alleged resulted in severe cognitive deficits and psychological sequelae. He further claimed that he continues to suffer from severe memory loss, confusion and depression as a result of his injuries. In addition, he alleged that he has difficulty performing even basic daily functions. Plaintiff contended that he has been totally and permanently disabled from employment as a result of his injuries. He also argued that he will require regular home attendant visits and ongoing medical treatment indefinitely.

Result

The parties negotiated a $5.5 million pretrial settlement. Of the total settlement, Astro Electrical's carrier contributed $5 million and FedEx contributed $500,000.