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Worker hit by truck, knocked into excavation ditch

Amount:

$2,250,000

Type:

Settlement

State:

New York

Venue:

New York County

Court:

New York Supreme

Injury Type(s):

back-bulging disc, lumbar;
knee-lateral meniscus, tear;
other-epidural injections; foot/heel-foot; neurological-reflex sympathetic dystrophy (complex regional pain syndrome); surgeries/treatment-arthroscopy; surgeries/treatment-knee surgery

Case Type:

Motor Vehicle – Pedestrian; Slips, Trips & Falls – Falldown; Worker/Workplace Negligence –

Case Name:

Anthony Tanico and Andrea Tanico v. Consolidated Edison Company of New York,
No. 115271/09

Date:

March 2, 2016

Parties

Plaintiff(s):

Andrea Tanico , 

Anthony Tanico (Male, 41 Years)

Plaintiff Attorney(s):

Louis Grandelli;
The Law Offices of Louis Grandelli, P.C.;
New York,
NY,
for
Andrea Tanico, Anthony Tanico

Plaintiff Expert(s):

John LiMarzi; P.E.; Engineering; Sarasota,
FL called by:
Louis Grandelli ■ Swapna Nair; M.D.; Internal Medicine; Marlboro,
NJ called by:
Louis Grandelli ■ Matthew Zepnick; Investigation; New York,
NY called by:
Louis Grandelli

Defendant(s):

Consolidated Edison Company of New York Inc., 

Allstate New Jersey Property and Casualty Insurance Co.

Defense Attorney(s):

John M. Fox;
Richard W. Babinecz;
New York,
NY,
for
Consolidated Edison Company of New York Inc. ■ Robert Maher;
of counsel, Law Office of James F. Sullivan, P.C.;
New York,
NY,
for
Allstate New Jersey Property and Casualty Insurance Co.

Facts:

On April 30, 2009, plaintiff Anthony Tanico, 41, a laborer, was struck by a truck. The incident occurred while Tanico was working at a construction site that was located at 261 E. 78th St., in Manhattan. Tanico fell into a trench that had been created to allow repair of the premises’ gas-supply pipe. Tanico claimed that he sustained injuries of his back, a foot and a knee. The truck’s driver fled the scene, and he or she was never apprehended or identified. Tanico sought reimbursement of accident-related costs via the supplementary-uninsured-motorist provision of his insurance policy, which was administered by Allstate New Jersey Property and Casualty Insurance Co. The claim was rejected. Tanico sued the entity that oversaw the excavation, Consolidated Edison Company of New York Inc., and Allstate New Jersey Property and Casualty Insurance. Tanico alleged that Consolidated Edison negligently created a dangerous condition that caused his injuries, and he further alleged that Allstate New Jersey Property and Casualty Insurance unfairly denied his claim. Tanico claimed that his face was struck by one of the truck’s side mirrors, but that his injuries were a result of him having fallen into the trench. A temporary barricade had been erected around the trench, but plaintiff’s counsel contended that the trench should have been covered by a plate. Consolidated Edison’s counsel contended that Tanico and the truck’s driver were the accident’s culpable parties. He contended that Tanico, who was sweeping the roadway when the accident occurred, was working too close to vehicular traffic. He also contended that Consolidated Edison could not have reasonably foreseen the manner in which Tanico fell into the trench. Allstate New Jersey Property and Casualty Insurance’s counsel contended that the accident was entirely a result of Tanico having opted to work in a dangerous area.

Injury:

Tanico was placed in an ambulance, and he was transported to New York-Presbyterian Hospital, in Manhattan. He claimed that his back, his left foot and his left knee were painful. He underwent minor treatment. Tanico ultimately claimed that he sustained a tear of his left knee’s lateral meniscus, an injury of his left foot, and trauma that produced a bulge of an intervertebral disc of his spine’s lumbar region. He further claimed that his left foot developed complex regional pain syndrome, which is a chronic neurological condition that is typically characterized by severe burning pain, pathological changes of bone and skin, excessive perspiration, swollen tissue, and/or increased sensitivity to physical stimuli. The syndrome is alternately termed "reflex sympathetic dystrophy." Tanico underwent a regimen of pain management that included administration of epidural injections of steroid-based painkillers. He also underwent surgery that addressed his left knee. A doctor recommended implantation of a device that would provide painkilling stimulation of spinal nerves, but Tanico declined to undergo the procedure. Tanico claimed that he suffers permanent residual pain that prevents his resumption of manual labor. He further claimed that he requires prescribed painkillers and other medical treatment. He sought recovery of more than $1 million for future medical expenses, unspecified damages for past pain and suffering, and unspecified damages for future pain and suffering. His wife sought recovery of damages for loss of services.

Result:

After selection of a jury, but prior to the start of the trial, Tanico and Allstate New Jersey Property and Casualty Insurance negotiated a settlement. The insurer tendered its policy, which provided $250,000 of coverage. The matter proceeded to a trial against Consolidated Edison. During the trial’s sixth day, a settlement was negotiated. Consolidated Edison, which was self-insured, agreed to pay $2 million. Thus, Tanico’s recovery totaled $2.25 million.

Trial Information:

Judge:

Martin Shulman

Editor’s Comment:

This report is based on information that was provided by plaintiffs’ counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the reporter’s phone calls.