10/15/2010
Mescall v. Structure-Tone
This was a damages only trial. Plaintiff, an iron worker, was injured when a steel curtain fell on his shoulder. Structure-Tone, the general contractor, was found strictly liable under Labor Law 240. Prior to trial, plaintiff’s counsel, Sacks & Sacks, demanded 3.5 million dollars to settle the case. Structure-Tone offered 1 million dollars. At trial, plaintiff alleged injuries to his head, neck, shoulders, back and ankles. Plaintiff had cognitive training, arthroscopic procedures to both of his shoulders and one ankle, and a fusion in his cervical spine. Plaintiff did not return to work following the accident. At trial, plaintiff’s doctors opined that he was permanently disabled as a result of the subject accident. Plaintiff’s economist’s alleged lost earnings in excess of 2.5 million dollars. His doctors claimed over 4 million dollars in future medical needs. Howard Borowick, trial counsel for Sacks & Sacks, asked the jury for over 12 million dollars. Andrea Sacco Camacho argued that plaintiff’s injuries were not causally related to the accident. After a five week trial, the jury agreed with Ms. Camacho and returned a verdict of $439,000.