Past Cases & Results

FALL FROM LADDER • CASE #1

DATE OF OCCURRENCE: 6/6/1996

CLIENT: F.D. (54 year-old male)

DESCRIPTION OF OCCURRENCE: F.D. was on a ladder painting a wall in the BQE Racquetball Club when the ladder slipped, causing him to fall approximately twelve feet and hit the ground face first.

INJURIES: Multiple fractures to face and nose with scarring; right shoulder injury with partial rotator cuff tear; assorted minor neck, back and knee injuries.

TREATMENT: Surgery on June 7, 1996: open reduction and internal fixation of the anterior wall of the frontal sinus. Surgery was performed through a bicoronal incision made from one ear to the next on the top of the head. This flap was raised all the way to the supraorbital ridge. Post-operative diagnosis: frontal sinus fracture.

On October 7, 1996: septorhinoplasty and right inferior turbinectomy to nasal septum. Post-operative diagnosis: acquired nasal deformity and nasal obstruction.

RESULT: Settlement for $890,000 in October, 1998
(client repaid a $45,000 Worker's Compensation lien)

OF PARTICULAR INTEREST HERE:

1. A lawsuit was commenced in Queens County Supreme Court. In an aggressive move, in January, 1998 we obtained summary judgment for F.D. under the New York State Labor Law, which holds building owners responsible for the safety of persons working at an elevated height on ladders and scaffolds. Summary judgment was a determination on paper, by a judge - without necessity of a trial - that the defendant building owner was 100% legally at fault for this accident. The only remaining issue would then be the amount of damages. This gave our client, F.D., a huge advantage.

2. Fortunately, the place where F.D. hit the ground was carpeted, or he likely would not have survived the fall.

3. We wrote a detailed settlement demand letter to defendant's counsel in April, 1998, with copies of photographs and medical drawings (as below), with reports of jury verdicts in cases with (roughly) similar injuries. This showed the defense that we had carefully evaluated this case and were ready for trial if the case could not be settled.

4. To repair his facial fractures, F.D.'s face was, literally, peeled off and put back.

ATTACHED: Four medical drawings, depicting:

1. Post-Accident Facial Injuries.
   
   
2. Surgical Fixation of Post-Accident Injuries (6/7/96).
   
   
3. Surgical Fixation of Post-Accident Injuries (10/7/96).
   
   
4. Post-Accident Shoulder Injuries.

Law Offices of Gary E. Rosenberg, P.C.

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