New York Verdicts

Plaintiff(s):

Daniel Sanchez-Lopez (Male, 25 Years)

Plaintiff Attorney(s):

Stephen J. Murphy;
Block, O’Toole & Murphy, LLP;
New York,
NY,
for
Daniel Sanchez-Lopez ■ David L. Scher;
Block, O’Toole & Murphy, LLP;
New York,
NY,
for
Daniel Sanchez-Lopez

Plaintiff Expert(s):

Ranga Krishna; M.D.; Neurology; Brooklyn,
NY called by:
Stephen J. Murphy, David L. Scher

Defendant(s):

Atweek Inc., 

363 Prospect Place LLC, 

New York Developers and Management Inc., 

Yankel’s Demolition and Rubbish Removal

Defense Attorney(s):

Robert C. Baxter;
Baxter Smith & Shapiro, P.C.;
Hicksville,
NY,
for
363 Prospect Place LLC ■ Cheryl Fuchs;
Wade Clark Mulcahy;
New York,
NY,
for
Atweek Inc., Yankel’s Demolition and Rubbish Removal ■ Amol Christian;
Havkins Rosenfeld Ritzert & Varriale, LLP;
Mineola,
NY,
for
New York Developers and Management Inc.

Defendant Expert(s):

Norman Saffra;
Ophthalmology;
Brooklyn,
NY called by:
Cheryl Fuchs ■ Douglas Cohen;
Neurosurgery;
New York,
NY called by:
Cheryl Fuchs ■ William Kulak;
Orthopedic Surgery;
New York,
NY called by:
Cheryl Fuchs

Insurer(s):

Scottsdale Insurance Co. for 363 Prospect Place;
The Burlington Insurance Co. for Atweek and Yankel’s Demolition and Rubbish Removal;
ProSight Inc. for New York Developers and Management Inc.

On Dec. 18, 2012, plaintiff Daniel Sanchez-Lopez, 25, a demolition specialist, worked at a renovation site that was located at 363 Prospect Place, in the Prospect Heights section of Brooklyn. Sanchez-Lopez was operating a front-end loader on the second floor of a warehouse that was being converted to a residential facility. The floor collapsed beneath Sanchez-Lopez, and he plummeted to the first floor. He sustained an injury of his head. Inspectors determined that the second floor’s collapse was a result of rotting of steel reinforcement bars that supported the floor. Sanchez-Lopez sued the premises’ owner, 363 Prospect Place LLC, and an entity that was believed to be the renovation project’s general contractor, New York Developers and Management Inc. Sanchez-Lopez alleged that the defendants violated the New York State Labor Law. In a subsequent filing, 363 Prospect Place impleaded Sanchez-Lopez’s employer, Yankel’s Demolition and Rubbish Removal, and the company’s parent, Atweek Inc. The first-party defendant alleged that the third-party defendants controlled and directed Sanchez-Lopez’s work functions. It sought contractual indemnification. Plaintiff’s counsel claimed that the defendants failed to ensure adequate stability of the warehouse’s second floor, that the defendants failed to obtain the municipal permit necessary for operation of heavy machinery within the warehouse, that the defendants failed to adequately protect the work site, and that the defendants failed to provide warning of the danger that caused the accident. Plaintiff’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Sanchez-Lopez was not provided the proper, safe equipment that is a requirement of the statute. Plaintiff’s counsel also contended that the defendants violated Labor Law § 200, which defines general workplace-safety requirements. The first-party defendants’ counsel contended that Sanchez-Lopez’s employer controlled Sanchez-Lopez’s actions and ordered his use of a front-end loader. The third-party defendants’ counsel contended that Sanchez-Lopez’s employer could not have known that the second floor was not stable. She claimed that Sanchez-Lopez acknowledged that the floor had been in fine condition during the two weeks that preceded the accident. She contended that the steel reinforcement bars were embedded within the floor, which was composed of concrete, and that, therefore, the bars’ condition could not have been known or ascertained. The third-party defendants’ counsel also contended that Labor Law § 240(1) was inapplicable because the floor was a permanent structure, its collapse was not foreseeable, and its collapse was not a hazard contemplated by the statute. She further contended that Labor Law § 200 was inapplicable because Sanchez-Lopez’s employer was not aware of the floor’s defective condition.

Sanchez-Lopez sustained a fracture of the base of his skull, a fracture of his skull’s occipital region and resultant contusions of his brain. He developed a subarachnoid hemorrhage and a subdural hematoma, and he became unconscious. Sanchez-Lopez was placed in an ambulance, and he was transported to Kings County Hospital Center, in Brooklyn. He underwent a craniectomy that allowed evacuation of his subdural hematoma. His hospitalization lasted about three weeks. On June 11, 2013, he underwent surgical replacement of the skull component that was removed during his craniectomy. Sanchez-Lopez claimed that he experienced residual weakness, that he required use of a cane and that his residual effects prevented his performance of about 10 months of work. He did not resume demolition work, and he is currently employed by a restaurant. Sanchez-Lopez further claimed that he suffers mild residual disabilities. He claimed that he must undergo periodic neurological evaluations that will include scans of his brain, but he does not expect to require further treatment. He sought recovery of damages for past and future pain and suffering. The defense’s expert neurosurgeon submitted a report in which he opined that Sanchez-Lopez achieved a full recovery.

Defense counsel moved for summary judgment of liability. During pendency of the motion, the parties negotiated a settlement. The third-party defendants’ insurer, which indemnified the first-party defendants, agreed to pay $750,000. The negotiations were mediated by Shelley Rossoff Olsen, of Jams.

Judge:

Shelley Rossoff Olsen, Esq

This report is based on information that was provided by plaintiff’s counsel, Atweek’s counsel, New York Developers and Management’s counsel, and Yankel’s Demolition and Rubbish Removal’s counsel. Counsel of 363 Prospect Place did not respond to the reporter’s phone calls.