Multi-Million Dollar Jury Awards to Construction Worker Hurt in Ladder Fall Are Reasonable

Court: Supreme Court, Appellate Division, Second Department, New York

Case: Guallpa v. Key Fat Corp.

Date: Aug. 22, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer)

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Facts: Guallpa was working in construction when he fell down about ten feet off a ladder.

He herniated some discs in his back, fractured his ankle and tore rotator cuff in his shoulder.

At the time he was 23 years-old.

His case proceeded to trial and verdict against the owner of the building and he received a jury verdict and award for his injuries from this construction accident.

The defense is appealing to try to reduce the amount of money damages awarded to Guallpa.

Holding: The appeals court affirmed the jury verdict awards on each item of injury damages to Guallpa from this accident as reasonable, as follows:

  • Past pain and suffering = $791,000;
  • Future pain and suffering = $1,428,571.43;
  • Past lost wages = $87,360;
  • Future lost earnings = $198,000;
  • Future medical expenses = $535,714.

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