Segal McCambridge New York Shareholder Christian H. Gannon and Associates Joel A. Merchant and Jonathan A. Heller were successful in achieving a reduced damages award for a client in a damages only New York Labor Law construction case in the New York State Supreme Court.
In the case, Earl and Dorothy Lind v. Tishman Construction Corporation of New York (Index No. 154781/2016), the plaintiffs claimed injuries following an accident at The World Trade Center reconstruction site on March 27, 2015. Mr. Lind claimed that, because of the incident, he was required to undergo a core decompression surgery and later left and right total hip replacement surgeries. He also claimed he was permanently disabled and that he was unable to return to work as a union electrician. Liability had been previously established by a prior decision of the Appellate Court.
Plaintiffs requested $17,000,000 from the jury. On April 11, 2022, after a three-week trial, the jury awarded a total amount of $690,000. The amount consisted of $460,000 for past pain and suffering and $230,000 for past lost earnings. The jury did not award any money for future pain and suffering or future lost earnings. Despite also finding that plaintiff Dorothy Lind sustained loss of services, the jury did not award any money for past or future loss of services.