Injured Baker Successfully Sues Con Edison After Power Outage
In February of 2011, Ramon Hernandez, was a 66-year-old baker working in Upper Manhattan. He suffered a grievous injury when his right hand was crushed between two steel rollers of a dough-flattening machine. The tragedy occurred in an unusual circumstance where, prior to the incident, the area had experienced a partial power outage. The outage caused nearby machines, including the dough-flattening machine Mr. Hernandez operated to malfunction and operate in reverse. This reverse in direction was caused by the wires being incorrectly installed. Mr. Hernandez sustained an injury to his right (dominant) hand, resulting in nerve damage and lacerations that necessitated stitches. One week later, an infection necessitated an overnight stay at the hospital for the removal of his stitches. Mr. Hernandez was required to wear a sling for eight months and undergo physical therapy for eighteen months. The pain, cramping, and numbness persisted, due to which he was unable to return to work, make a fist, or use his right hand for any daily activities. In 2013, Mr. Hernandez sued Con Edison who was in charge of the area’s power management.
The Lawsuit
Mr. Hernandez argued that Con Edison made a mistake when they were rewiring the underground electrical cables, causing their phases to be switched. This led to machinery that relies on three-phase electricity to run in the wrong direction. Further, it was contended that Defendants’ workers were aware of the phase switch, as some incidents were reported. A nearby supermarket's conveyor belt rolled backwards, and a residential building's elevator was not operational. Despite that, the Defendant did not take action to alert the owner of the bakery to this fact, and when Mr. Hernandez used the dough flattening machine, its rollers reversed, pulling his hand into the machine. Mr. Hernandez’s expert in hand and reconstructive surgery testified that, in addition to the aforementioned injuries, Mr. Hernandez had also sustained carpal tunnel syndrome in his right hand. Carpal tunnel syndrome occurs when a nerve in the wrist is compressed, causing pain, numbness, tingling, weakness, or muscle damage in the hand and fingers. Defendant's orthopedic hand surgeon testified that Mr. Hernandez had only superficial lacerations, no impact injury, and was exaggerating his symptoms. Additionally, the defense contended that Mr. Hernandez had pre-existing carpal tunnel syndrome in both hands. Defendant was unable to provide supporting evidence for any of its claims.
On October 9, 2019, Mr. Hernandez was awarded $163,750 in pain and suffering damages ($70,000 in the past – 6.5 years, $93,750 in the future – 12.5 years) and $383,482 in lost earnings damages ($176,175 in the past, $207,307 in the future – 4.8 years). The jury declined to provide any compensation for future medical expenses. The Defendant filed an appeal, contesting the liability verdict and contending that the pain and suffering awards are excessive.
The Appeal
In Hernandez v. Consolidated Edison Company of New York, the appellate court conducted a comprehensive examination of the evidence presented by both parties and the jury's findings. The judge evaluated the appropriateness of the damages awarded to Mr. Hernandez by examining similar cases in addition to the specific details of the case. The judge found Defendant negligent in incorrectly rewiring the underground cables and not taking appropriate action despite knowing about the incidents in the nearby supermarket and residential building. Based on this, the appellate court concluded that the damages were reasonable and consistent with legal precedents for injuries of comparable severity. Consequently, on October 26, 2021, the Defendant's appeal was dismissed, and the jury's decision was affirmed, thereby confirming the award that was given to Mr. Hernandez.
Sternberg Injury Law Firm
Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury cases. If you were injured by the negligence of a power company, we can help. Our firm is capable of accepting cases in the entire New York City metropolitan area, including Centre Island, Wantagh, and Ocean Beach. We offer free consultations to all personal injury victims. Our experienced attorneys will meticulously evaluate your case in order to determine how we can be of assistance. We are dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you elect to retain us. To initiate the procedure, please contact us today via our website, email, or phone call.