New York Verdicts

Plaintiff(s):

Eugene Stolowski (Male, 34 Years), 

Brendan K. Cawley (Male, 34 Years), 

Jeffrey G. Cool, Sr. (Male, 36 Years), 

Estate of Curtis Meyran (Male, 46 Years), 

Estate of John G. Bellew (Male, 36 Years), 

Estate of Joseph P. DiBernardo (Male, 34 Years)

Plaintiff Attorney(s):

Vito A. Cannavo;
Sullivan Papain Block McGrath & Cannavo P.C.;
New York,
NY,
for
Eugene Stolowski, Brendan K. Cawley, Jeffrey G. Cool, Sr., Estate of Curtis Meyran, Estate of John G. Bellew, Estate of Joseph P. DiBernardo

Plaintiff Expert(s):

Stanley Fein; P.E.; Safety; Syosset,
NY called by:
Vito A. Cannavo

Defendant(s):

City of New York, 

234 East 178th Street LLC

Defense Attorney(s):

Sosimo J. Fabian;
Senior Counsel, Zachary W. Carter, Corporation Counsel;
New York,
NY,
for
City of New York ■ None reported;

for
234 East 178th Street LLC ■ Vanessa L. Donatello;
Assistant Corporation Counsel, Zachary W. Carter, Corporation Counsel;
New York,
NY,
for
City of New York

Defendant Expert(s):

Jon Malkin;
Fires & Explosions;
New York,
NY called by:
Sosimo J. Fabian, Vanessa L. Donatello

On Jan. 23, 2005, plaintiff’s decedent John Bellew, 36, a firefighter, plaintiff Brendan Cawley, 34, a firefighter, plaintiff Jeffrey Cool, 36, a firefighter, plaintiff Joseph DiBernardo, 34, a firefighter, plaintiff’s decedent Curtis Meyran, 46, a firefighter, and plaintiff Eugene Stolowski, 34, a firefighter, responded to a fire that was damaging a four-story building that was located at 236 E. 178th St., in the Mount Hope section of the Bronx. Cawley, Meyran and Stolowski proceeded to the building’s fourth floor, and they entered apartment 4-L. The fire had reached the apartment, but its presence was concealed by one of several illegal partitions that the apartment’s tenant had constructed. The partitions also blocked access to the building’s fire escape. Bellew, Cool and DiBernardo subsequently entered the apartment. The fire spread, and the six firefighters became trapped in rooms that could not access the fire escape. Windows provided their only route of escape. The men jumped out of the building, and they landed on a sidewalk. Bellew and Meyran sustained fatal injuries. Cawley sustained injuries of his back, a lung, his neck, several ribs, a shoulder and his skull. Cool sustained injuries of an arm, his pelvis, several ribs and his shoulders. DiBernardo sustained injuries of his ankles, his heels, his legs and his pelvis. Stolowski sustained injuries of his ankles, his legs, his pelvis and his skull. Cawley, Cool, DiBernardo, Stolowski, Bellew’s widow, Eileen Bellew, who was acting as administrator of her husband’s estate, and Meyran’s widow, Jeanette Meyran, who was acting as executor of her husband’s estate, sued the premises’ owner, 234 East 178th Street LLC, and the firefighters’ employer, the city of New York. The plaintiffs alleged that 234 East 178th Street had negligently failed to address a dangerous condition that contributed to the firefighters’ injuries, that the city had negligently failed to provide equipment that could have prevented the firefighters’ injuries, and that the city violated the New York State Labor Law. DiBernardo died after the lawsuit had been filed. His claim was continued by his father, who was the estate’s administrator. Meyran’s estate negotiated a pretrial settlement of its claims. Terms were not disclosed. The trial addressed the remaining plaintiffs’ claims. Plaintiffs’ counsel noted that apartment 4-L’s subdivision violated codes. He contended that 234 East 178th Street should have detected and reversed the subdivision. Plaintiffs’ counsel also contended that the firefighters had not been provided equipment that could have prevented their injuries. He noted that the city had stopped providing ropes that would have allowed a safe descent from the burning building, and he contended that the ropes were not replaced by a suitable alternative device. He argued that the city violated Labor Law § 27-a(3)(a)(1), which specifies that employers must provide safe workplaces and reasonable protection of workers. The city’s fire-safety expert acknowledged that the firefighters’ injuries could have been prevented by their use of ropes. The city’s counsel contended that the firefighters’ injuries were a result of the illegal subdivision of the premises, and 234 East 178th Street’s counsel contended that the firefighters’ injuries were solely caused by the firefighters’ lack of rope. The city’s counsel also claimed that the ropes were eliminated because they were overburdening firefighters whose gear typically weighed 31 pounds.

Bellew sustained severe internal trauma. He was placed in an ambulance, and he was transported to a hospital, where he died. Bellew, 36, died on Jan. 23, 2005. He was survived by his wife and four children. His estate sought recovery of wrongful-death damages that included past and future lost earnings and benefits, past and future loss of services, damages for Bellew’s pain and suffering, and damages for his children’s loss of parental guidance. Cawley sustained a fracture of his skull, herniations of intervertebral discs of his spine’s cervical and lumbar regions, a fracture of his right, dominant arm’s shoulder, a tear of the same shoulder’s glenoid labrum, and fractures of ribs. One fractured rib caused a collapse of a lung. Cawley was placed in an ambulance, and he was transported to a hospital. He underwent arthroscopic surgery that addressed his right shoulder. His herniated discs were addressed via physical therapy that included administration of epidural injections of steroid-based painkillers. Cawley claimed that he suffers residual pain and limitations. He also claimed that he suffers emotional distress, depression and survivor’s guilt. Cawley sought recovery of damages for past and future pain and suffering. Cool sustained three fractures of his pelvis, a fracture of each shoulder, a fracture of an arm, and fractures of 13 ribs. His injuries produced extensive bleeding that led to the loss of 75 pints of blood. His abdomen developed compartment syndrome, which is a pressurized condition of muscles or muscles. He experienced resultant failure of organs. Cool was placed in an ambulance, and he was transported to a hospital. His compartment syndrome was addressed via performance of a laparotomy. A surgeon also attempted open reduction of the fracture of Cool’s pelvis, but the surgery was not successful. Cool suffers permanent residual pain, arthritis of his hips and a shoulder, deterioration of bones and joints of his hips and pelvis, and a permanent alteration of his gait. He claimed that he requires use of a cane, that his residual effects prevent his resumption of work, and that he requires additional treatment. Cool sought recovery of future medical expenses, past and future lost earnings and benefits, and damages for past and future pain and suffering. DiBernardo sustained a fracture of each ankle, a fracture of each foot’s calcaneus, which is the heel, a fracture of each leg’s fibula and tibia, and a fracture of his pelvis. He became comatose. DiBernardo was placed in an ambulance, and he was transported to a hospital. He underwent 20 hours of surgeries, which included open reduction and internal fixation of fractures. The hardware included 10 plates and 60 screws. DiBernardo’s coma lasted 18 days. DiBernardo suffered residual pain that necessitated his use of narcotic-based painkillers, which included hydromorphone. The medication’s use was overseen by doctors, but DiBernardo developed a fatal dependency. He died on Nov. 22, 2011. DiBernardo, 40, was survived by his parents and a sister. DiBernardo’s estate sought recovery of wrongful-death damages that included past and future lost earnings and benefits, past and future lost services, and damages for pain and suffering. Meyran sustained internal trauma that caused immediate death. Meyran, 46, died on Jan. 23, 2005. He was survived by his wife and three children. Meyran’s estate sought recovery of wrongful-death damages that included past lost earnings, future lost earnings, and damages for Meyran’s children’s loss of parental guidance. Stolowski sustained a dislocation of the base of his skull, a fracture of his pelvis, a fracture of each ankle, and a fracture of each leg’s fibula and tibia. Stolowski was placed in an ambulance, and he was transported to a hospital. He underwent surgery that involved a reconnection of his head and neck. The procedure included implantation of hardware. He also underwent open reduction and internal fixation of the fractures of his ankles and pelvis. Stolowski suffered months of quadriplegia. The condition was resolved via physical therapy, but Stolowski retains an exaggerated limp. He also suffers progressive arthritis, neurological injuries and spastic quadriplegia. He claimed that he requires assistance of many of his activities and chores, that he suffers emotional distress, depression and survivor’s guilt, and that he requires additional treatment. Stolowski sought recovery of future medical expenses, damages for past pain and suffering, and damages for future pain and suffering.

During the trial, the plaintiffs negotiated a settlement of their claims against 234 East 178th Street. The plaintiffs recovered a total of $50 million. The trial proceeded against the city. The jury found that each defendant was liable for the accident. The city was assigned 80 percent of the liability, and 234 East 178th Street was assigned 20 percent of the liability. The jury determined that the plaintiffs’ damages totaled $183,261,737.

Estate of John G. Bellew: $823,000 Personal Injury: Past Lost Earnings Capability; $980,000 Personal Injury: future lost earnings (32 years); $1,200,000 Personal Injury: loss of pension (18 years); $372,960 Personal Injury: variable supplements fund (18 years); $94,000 Wrongful Death: Past Lost House Hold Services; $6,500,000 Wrongful Death: Past Loss Of Parental Guidance; $17,500,000 Wrongful Death: Future Loss Of Parental Guidance; $25,000,000 Wrongful Death: Survival; $526,000 Wrongful Death: future lost household services (32 years); Brendan K. Cawley: $7,000,000 Personal Injury: Past Pain And Suffering; $10,000,000 Personal Injury: future pain and suffering (30 years); Jeffrey G. Cool, Sr.: $805,000 Personal Injury: Past Lost Earnings Capability; $15,000,000 Personal Injury: Past Pain And Suffering; $1,400,000 Personal Injury: future lost earnings (12 years); $2,500,000 Personal Injury: future medical cost (17 years); $20,000,000 Personal Injury: future pain and suffering (30 years); $1,200,000 Personal Injury: loss of pension (17 years); Estate of Joseph P. DiBernardo: $855,337 Personal Injury: Past Lost Earnings Capability; $1,500,000 Personal Injury: future lost earnings (17 years); $1,500,000 Personal Injury: loss of pension (15 years); $400,440 Personal Injury: variable supplements fund (32 years); $15,000 Wrongful Death: Past Lost House Hold Services; $15,000,000 Wrongful Death: Survival; $90,000 Wrongful Death: future lost household services (32 years); Eugene Stolowski: $20,000,000 Personal Injury: Past Pain And Suffering; $3,000,000 Personal Injury: future medical cost (35 years); $30,000,000 Personal Injury: future pain and suffering (35 years)

Judge:

Elizabeth A. Taylor

Trial Length:

3
 months

Trial Deliberations:

2
 weeks

Jury Vote:

6-0

Jury Composition:

4 male/ 2 female

Post Trial:

The city’s counsel has moved to set aside the verdict.

This report is based on information that was provided by plaintiffs’ counsel. Additonal information was gleaned from articles that were published by the Daily News, New York magazine and the New York Times. Defense counsel did not respond to the reporter’s phone calls.