Damages Reassessed in Construction Site Injury Case
On February 26, 2013, Michael Saginor worked at a construction site on West 50th Street in Manhattan. The carpenters employed at the site had placed a metal track on the floor, but they failed to properly secure it to the ground. The metal track hung eighteen inches above the ground into the walkway, creating a tripping hazard. Mr. Saginor couldn’t see it because the area was not properly lit, tripped over it, and fell. As a result of the fall, Mr. Saginor suffered critical injuries, including fractures. Mr. Saginor filed a lawsuit against Friars 50th Street Garage, the owner of the property. He also included OSIB-BCRE 50th Street Holdings LLC (“Friars”), who hired Friars to build a hotel there, and Flintlock Services LLC, the general contractor who managed the site and hired Mr. Saginor as an electrician.
The Lawsuit
The jury trial commenced on May 7, 2019. Mr. Saginor testified that due to Defendants’ negligence he sustained several fractures to his right (dominant) arm, and required orthopedic and neurosurgery to repair the fractures and associated nerve damage. Mr. Saginor and his medical expert, Dr. Raz Winiarsky testified that the injuries and surgeries caused him to suffer from Complex Regional Pain Syndrome (CRPS), a chronic pain condition that causes severe pain that's disproportionate to the injury that caused it. Evidence was produced at trial that Mr. Saginor had permanent burning pain in his right arm with discoloration for which he was receiving monthly treatment. Doctors also testified that Mr. Saginor underwent a procedure to implant a device near his spinal cord. Dr. Winiarskya testified that Mr. Saginor would require pain and treatments for the rest of his life, and would be unable to take care of himself. This testimony was also supported by Dr. Chaim Mandelbaum. The Defendants' expert, Dr. Lloyd Saberski, disputed these testimonies and asserted that while the underlying symptoms described by Mr. Saginor were painful, they did not constitute any pain syndrome. He stated, with the proper treatment, Mr. Saginor could engage in some sort of sedentary work. Defendants also showed surveillance videos of Mr. Saginor engaging in daily activities, but none of these videos showed him doing any heavy labor work, which he ordinarily did for a living. Mr. Saginor further testified that due to the condition of his hand, he had been unable to pay any bills in the past five years and his children had been taking care of him.
The jury awarded Mr. Saginor a total of $2,485,738. This included $250,000 for future lost wages and $432,474 for past lost wages. Additionally, Mr. Saginor was awarded $232,547 for future lost social security retirement benefits, and $210,964 for past and future lost union pension and annuity benefits. Mr. Saginor was awarded $525,000 for past and future pain and suffering damages, and $834,753 in total medical expenses (covering future physical and occupational therapy, pain management visits, pain injections, and surgical procedures). On July 3, 2019, Defendants moved to reduce these awards as excessive, while Mr. Saginor cross-moved to increase the future pain and suffering award by $150,000 and future lost wages by $250,000, arguing they were insufficient.
The Appeal
In Saginor vs. OSIB-BCRE 50th St. Holdings, LLC, both parties’ motions were partially granted. The award for future lost wages was increased from $250,000 over 27.6 years to $791,663.50 over 9.5 years based on the Court’s review of similar cases, Mr. Saginor’s expected ability to work, and permanency of his injuries. Future lost social security retirement benefits were decreased from $232,547 over 16 years to $168,596.60 over 11.6 years. Future lost union pension and annuity benefits were increased from $25,000 over 27.6 years to $359,530.40 over 11.6 years, based on Court’s determination of Mr. Saginor’s inability to work in future. Future pain and suffering damages awarded to Mr. Saganor were increased from $150,000 to $750,000 based on Court’s review of medical records and similar cases. Subject to parties’ stipulation, the total awarded damages were increased from $2,485,738 to $3,897,980 on January 6, 2020 but the parties declined. The matter went into a settlement at an agreed value of $2,600,000. However Defendants later filed motion to vacate the settlement agreement allegedly due to Mr. Saginor’s misrepresentations regarding his inability to work. Court denied Defendants’ motion on finding no merit in it.
Sternberg Injury Law Firm
Since 2016, Sternberg Injury Law Firm has been dedicated to representing those affected by construction-related accidents across New York State. Our team understands the unique challenges these cases present and offers free consultations to help you explore your legal options. With a focus on achieving maximum compensation, our experienced attorneys are here to guide you through the process, allowing you to focus on your recovery. We can help injury victims in Manhattan and other areas of New York City such as Astoria, Bedford Stuyvesant, and Coney Island. Reach out to us today via our website, email, or phone call to start your journey toward justice.