Page 18 - 2016_0523_TOPVERDCITS

2015
TOP VERDICTS OF NEW YORK
-Continued from p17
NUMBER SEVEN
CONSTRUCTION
Government — Police, Counties — Municipalities — 42 USC 1983 — Constitutional Law — Due Process — Wrongful Incarceration — Intentional Torts — Malicious Prosecution
Foreman’s 20-foot fall led to loss of leg
been placed over the holes. During the course of Dowdell’s work, he fell through one of the holes. He plummeted some 20 feet, and he landed on the ground. He claimed that he sustained injuries of his back, his coccyx, a leg and his sacrum.
Dowdell sued the premises’ owner, 4545 East Coast LLC, and the project’s general contractors, TF Cornerstone Inc. and TF Cornerstone QW2GC LLC. Dowdell alleged that the defendants violated the New York State Labor Law.
Dowdell claimed that the accident was a result of plywood having collapsed beneath his feet. He claimed that the plywood had not been properly secured.
Dowdell’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Dowdell was not provided the proper, safe equipment that is a requirement of the statute.
Defense counsel claimed that Dowdell removed the plywood and immediately fell through the deck.
Dowdell’s counsel moved for summary judgment of liability, and the motion was granted. The trial addressed damages.
INJURIES/DAMAGES Dowdell was placed in an ambulance, and he was transported to Bellevue Hospital Center, in Manhattan. Doctors determined that he was suffering crush- induced, displaced fractures of his right leg’s fibula and tibia, a fracture of his right ankle, a fracture of his coccyx, a fracture of his sacrum, and compression fractures of his T3 and T7 vertebrae. Dowdell claimed that the injuries were a result of the accident.
During the day that followed the accident, Dowdell’s right leg’s fractures were addressed via application of an external fixation device. A subsequent test revealed that the leg was producing a poor pulse. After five additional days had passed, Dowdell underwent surgery that involved application of a graft that bypassed an occluded vein. The surgery also included application of a graft of skin that had been harvested from his left leg. He subsequently underwent open reduction and internal fixation of the fractures of his right ankle and leg.
Dowdell’s right foot’s first and second toes developed gangrene and a methicillin- resistant Staphylococcus aureus infection. The infection was resolved via intravenous administration of antibiotics. Dowdell’s hospitalization lasted three weeks.
On April 8, 2012, Dowdell returned to the hospital. Doctors determined that he was suffering a pulmonary embolism. The embolism was resolved via administration of medication.
Dowdell’s gangrene progressed. On June 6, 2012, he underwent amputation of portions of his right foot’s first and second toes. During the ensuing 12 weeks, he underwent hyperbaric treatment and the debridement of necrotic tissue. His right leg’s condition worsened.
On Oct. 27, 2012, Dowdell underwent amputation of the lower portion of his right leg. The procedure did not involve the leg’s knee. After two days had passed, Dowdell underwent follow-up surgery. Revisionary surgery was performed in January 2013. The procedure was followed by a course of physical therapy. In June 2015, Dowdell commenced a course of chiropractic treatment. The treatment is ongoing.
Dowdell received a prosthesis that replaced the missing portion of his right leg, but he claimed that the device has caused osteoarthritis. He claimed that he requires further revision of his amputation. He also claimed that he must undergo a laminectomy, which would involve excision of a portion of a vertebra of his spine’s thoracic region. Dowdell’s insurer has approved performance of both procedures.
Dowdell claimed that his residual limitations prevent his resumption of physical labor, but that he will seek alternative employment when his physical condition improves.
The parties stipulated that Dowdell’s past medical expenses totaled $512,000. Dowdell sought recovery of that amount, future medical expenses, past and future lost earnings, and damages for past and future pain and suffering.
Defense counsel claimed that Dowdell’s fractured vertebrae were degenerative conditions that predated the accident. Defense counsel also contended that Dowdell does not require additional surgery. The defense’s vocational-rehabilitation expert opined that Dowdell can perform sedentary work, but that Dowdell has not reasonably attempted to procure such work.
RESULT The jury determined that Dowdell’s damages totaled $25,370,000. After addition of the stipulated medical expenses, Dowdell’s recovery totaled $25,882,000.
AMOUNT
TYPE CASE VENUE JUDGE
DATE
INJURY TYPE(S)
$25,370,000
Verdict-Mixed
Dowdell v. 4545 Eastcoast, LLC. New York County
Eileen A. Rakower
October 30, 2015
leg - fracture, fracture, tibia, fracture, fibula, crush injury, leg
back - fracture, fracture, T3, fracture, T7, fracture, vertebra, fracture, T3, fracture, T7
ankle - fracture, ankle
other - chiropractic, MRSA infection, osteoarthritis, fracture, coccyx, fracture, sacrum, physical therapy, fracture, displaced, compression fracture
epidermis - gangrene
amputation - leg, leg (below the knee), toe
arterial/vascular - embolism
surgeries/treatment - skin graft, debridement, open reduction, external fixation, internal fixation
pulmonary/respiratory - pulmonary/respiratory
Sean Dowdell (Male, 29 Years)
Kenneth Sacks; Sacks & Sacks, LLP; New York, NY, for Sean Dowdell David H. Mayer; Sacks & Sacks, LLP; New York, NY, for Sean Dowdell
James J. McCrorie; Law Offices of James J. McCrorie, P.C., Jericho, NY, trial counsel, Sacks & Sacks, LLP; New York, NY, for Sean Dowdell
Toni McLaurin M.D.; Orthopedic Surgery; New York, NY called by: for Kenneth Sacks David H. Mayer James J. McCrorie
Barry Root M.D.; Physical Rehabilitation; Glen Cove, NY called by: for Kenneth Sacks David H. Mayer James J. McCrorie
Heikki Uustal M.D.; Physical Medicine; Edison, NJ called by: for Kenneth Sacks David H. Mayer James J. McCrorie
Ronald Missun Ph.D.; Economics; Louisville, KY called by: for Kenneth Sacks David H. Mayer James J. McCrorie
4545 East Coast LLC, TF Cornerstone Inc., TF Cornerstone QW2GC LLC
9 days
6 hours
6-0
2 male/ 4 female
PLAINTIFF(S)
PLAINTIFF ATTORNEY(S)
PLAINTIFF EXPERT(S)
DEFENDANT(S)
TRIAL LENGTH
TRIAL DELIBERATIONS
JURY VOTE
JURY COMPOSITION
SEAN DOWDELL
$370,000 Personal Injury: Past Lost Earnings Capability $6,000,000 Personal Injury: Past Pain And Suffering $10,500,000 Personal Injury: future medical cost (47 years) $3,000,000 Personal Injury: future lost earnings (33 years) $5,500,000 Personal Injury: future pain and suffering (47 years)
FACTS & ALLEGATIONS On Feb. 16, 2012, plaintiff Sean Dowdell, 29, a union-affiliated foreman, worked at a construction site that was located at 4545 Center Blvd., in the Long Island City section of Queens. Dowdell was working on an elevated deck whose surface contained large holes that were intended to be filled by columns. Plywood had
ACTUAL
AWARD $25,882,000
POST TRIAL Defense counsel has expressed an intention to file a post-trial motion.
EDITOR’S COMMENT This report is based on information that was provided by plain- tiff’s and defense counsel. Additional information was gleaned from court documents.
18 VerdictSearch’s Top New York Verdicts of 2015