New York Verdicts

Plaintiff(s):

Gerald Villette (Male, 42 Years)

Plaintiff Attorney(s):

Martin Grossman;
Robert A. Cardali & Associates, LLP;
New York,
NY,
for
Gerald Villette

Plaintiff Expert(s):

Jack Krafchick; P.E.; Engineering; West Chester,
PA called by:
Martin Grossman

Defendant(s):

M.A. Angeliades Inc.

Defense Attorney(s):

Allyson A. Avila;
Wilson, Elser, Moskowitz, Edelman & Dicker LLP;
White Plains,
NY,
for
M.A. Angeliades Inc.

Defendant Expert(s):

Mark Ramnauth;
Vocational Rehabilitation;
New York,
NY called by:
Allyson A. Avila

Insurer(s):

Liberty Mutual Insurance Co.

On April 22, 2009, plaintiff Gerald Villette, 42, a deliveryman, worked at a construction site that was located at 79-15 Penelope Ave., in the Middle Village section of Queens. Villette delivered a 250-pound grease trap. The item was transported on a wooden pallet that was situated on the bed of tractor-trailer that Villette had driven to the site. Villette exited his truck, climbed onto the trailer bed and assisted a forklift operator who was attempting to unload the trap. The pallet snapped during the offloading process, and one of its planks struck Villette’s face. Villette fell backward and landed on the trailer bed. He claimed that he sustained injuries of his back, his face and his neck. Villette sued the forklift operator’s employer, M.A. Angeliades Inc. Villette alleged that the forklift operator was negligent in his offloading of the trap. Villette further alleged that M.A. Angeliades was vicariously liable for the actions of the forklift operator. Villette claimed that the trap snapped the pallet. He claimed that the forklift operator positioned the vehicle’s forks beneath the trap, rather than the pallet. Villette’s expert engineer opined that the operator’s actions would have caused the trap to become unstable and flip. Defense counsel contended that Villette caused the accident. She claimed that the forklift’s forks were securely positioned at an edge of the trailer bed and that Villette broke the pallet while shoving the trap onto the forks.

Villette was placed in an ambulance, and he was transported to Elmhurst Hospital Center, in Queens. He claimed that his head and neck were painful. He underwent application of sutures that closed lacerations of his face, and he was referred to an orthopedist. Villette claimed that he also sustained herniations of his C4-5 and L4-5 intervertebral discs and a concussion. He further claimed that he developed post-concussion syndrome. Villette underwent a regimen of pain management, but he claimed that he suffered ongoing pain. On April 14, 2010, he underwent fusion of his spine’s C4-5 level. On Jan. 21, 2011, he underwent fusion of his spine’s L4-5 level. Villette claimed that his injuries prevented his performance of about three weeks of work, and he later stopped working completely. He also claimed that he suffers permanent residual pain, a residual diminution of his back’s range of motion and a residual diminution of his neck’s range of motion. He claimed that his residual effects prevent his resumption of trucking work. Villette sought recovery of past lost earnings, future lost earnings, and damages for past and future pain and suffering. Villette’s wife presented a derivative claim. The defense’s vocational-rehabilitation expert submitted a report in which he opined that Mr. Villette can obtain gainful sedentary employment.

The jury found that M.A. Angeliades was liable for the accident. Prior to the scheduled start of the trial’s damages phase, the parties negotiated a settlement. M.A. Angeliades’ insurer agreed to pay $2.5 million.

Judge:

Loren Baily-Schiffman

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel received a draft of the report, but she did not provide feedback.