New York Verdicts

Plaintiff(s):

Perparim Etemi (Male, 47 Years)

Plaintiff Attorney(s):

Matthew Tomkiel;
Tomkiel & Tomkiel, Scarsdale, NY, of counsel, Morgan Levine Dolan, P.C., New York, NY;
Scarsdale,
NY,
for
Perparim Etemi

Plaintiff Expert(s):

Adam Bender;
M.D.;
Neurology;
New York,
NY called by
Matthew Tomkiel ■ Alan Leiken;
Ph.D.;
Economics;
Stony Brook,
NY called by
Matthew Tomkiel ■ Anne Ambrose;
M.D.;
Brain Injury/Trauma;
New York,
NY called by
Matthew Tomkiel ■ Jeffrey Spivak;
M.D.;
Orthopedic Surgery;
New York,
NY called by
Matthew Tomkiel ■ Richard Schuster;

Vocational Rehabilitation;
New York,
NY called by
Matthew Tomkiel ■ Sebastian Lattuga;

Orthopedic Surgery;
North New Hyde Park,
NY called by
Matthew Tomkiel

Defendant(s):

325 East 101st Street, LLC, 

325 East 101 Street Condominium, 

Church of the Resurrection, United Church of Christ Inc.

Defense Attorney(s):

Kevin McArdle;
Lester Schwab Katz & Dwyer, LLP;
New York,
NY,
for
325 East 101st Street, LLC, 325 East 101 Street Condominium, Church of the Resurrection, United Church of Christ Inc.

Defendant Expert(s):

David Erlanger;
Neuropsychology;
New York,
NY called by
Kevin McArdle ■ Lewis Rothman;
Radiology;
Valhalla,
NY called by
Kevin McArdle ■ Peter Capotosto;
Vocational Rehabilitation;
Churchville,
NY called by
Kevin McArdle

Insurer(s):

Liberty Mutual Insurance Co. for all defendants
Fireman’s Fund Insurance Co. for all defendants
American International Group Inc. for all defendants
York Claims Service Inc. for all defendants

On July 7, 2010, plaintiff Perparim Etemi, 47, a handyman, worked at a construction site that was located at 325 E. 101st St., in Manhattan. Etemi was installing a plasterboard ceiling. During the course of his duties, he fell off of an A-frame ladder. He landed on a concrete floor, and he claimed that he sustained injuries of his back, his head and his neck. Etemi sued the premises’ owners, 325 East 101 Street Condominium; 325 East 101st Street, LLC; and Church of the Resurrection, United Church of Christ Inc. Etemi alleged that the defendants violated the New York State Labor Law. Etemi claimed that the accident was a result of the ladder having wobbled. He claimed that the ladder was unstable and therefore unsuitable for the task that he had been hired to perform. Etemi’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Etemi was not provided the proper, safe equipment that is a requirement of the statute. Workers’ Compensation Law § 11 specifies that an injured employee cannot sue an employer who has secured the availability of workers’ compensation benefits. Defense counsel claimed that Etemi’s employer and supervisor owned 325 East 101st Street, LLC. He contended that Etemi was an employee of the defendants, that workers’ compensation benefits were available to Etemi and that, therefore, Etemi could not legally sue the defendants.

Etemi was placed in an ambulance, and he was transported to Lenox Hill Hospital, in Manhattan. He underwent minor treatment. Etemi ultimately claimed that he sustained a mild concussion, mild damage of his brain, a herniation of his C5-6 intervertebral disc, and trauma that produced bulges of his C4-5, L2-3 and L4-5 discs. He also claimed that his herniated disc caused impingement of a spinal nerve and resultant radiculopathy, that his brain’s injury caused impairment of his cognition, and that he suffered post-concussion syndrome, with manifestations that included dizziness, headaches, and impairment of his audition and vision. On June 19, 2012, Etemi underwent surgery that included a discectomy–which involved excision of his herniated disc–and fusion of the corresponding level of his spine. He also underwent therapy that was intended to improve his cognition. Etemi claimed that he suffers residual pain and residual impairment of his memory and other elements of his cognition. He also claimed that his residual effects prevent his resumption of work. Etemi’s vocational-rehabilitation expert submitted a report in which he opined that Etemi’s cognitive deficiencies will result in chronic unemployment. Etemi sought recovery of a total of $2,148,775 for past and future lost earnings. He also sought recovery of unspecified damages for past and future pain and suffering. The defense’s expert orthopedist examined Etemi, and he submitted a report in which he opined that Etemi’s cervical injuries may not have been a result of the accident and that Etemi’s surgery may not have been necessary. The defense’s expert neurologist examined Etemi, and he submitted a report in which he opined that Etemi’s injuries are degenerative conditions. He also opined that Etemi does not suffer a neurological disability related to the accident. The defense’s expert radiologist reviewed the results of post-accident radiological studies, and he opined that the tests did not depict objective evidence of a herniated disc or an injury of Etemi’s brain. The defense’s expert neuropsychologist examined Etemi, and he submitted a report in which he opined that Etemi’s cognition is not impaired. The defense’s expert orthopedist, expert neuropsychologist and vocational-rehabilitation expert agreed that Etemi can resume work. The vocational-rehabilitation expert submitted a report in which he opined that Etemi can perform light manual labor and earn a starting salary of $30,000 a year. A post-accident surveillance videotape depicted Etemi at a construction site, standing alongside a cement mixer and bags of cement. However, Etemi claimed that he was merely assisting his son in a single-day, unpaid project.

Each side moved for summary judgment of liability. During pendency of the motions, the parties negotiated a settlement. The defendants’ insurers agreed to pay a total of $2 million. The settlement was finalized via the guidance of mediator Allen Hurkin-Torres, of Jams.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.