Elevator Injury Settles for 5.5 Million Right Before Trial
Oscar Torres, a thirty-nine-year-old truck driver, was delivering office furniture in New York, when he was struck in the head, neck and back with the metal gate of a freight elevator. The location was a high rise building owned by Defendants 425 T35 FG LLC and Hiro Real Estate LLC, and the elevator was being operated by Rafael Valdez, an employee of American Building Maintenance Co.
The elevator had two doors, an exterior door and an interior metal gate. The interior metal gate closed in a downward direction, from top to bottom, when the elevator operator pressed a button located within the freight elevator.
The Accident
Mr. Torres loaded office furniture and walked into the elevator when Defendant Valdez pressed the button to close the interior metal gate. It was alleged that Valdez did not check to see if anyone was in the vicinity. The interior metal gate struck Mr. Torres in the head, neck and back and caused Mr. Torres to fall to the ground.
One day after the accident, Mr. Torres was rushed to the emergency room at Lutheran Medical Center with complaints of head, neck and back pain. He was ultimately diagnosed with a herniation of the lumbar spine. Torres underwent a course of conservative treatment, including aggressive physical therapy, which was unfortunately unsuccessful.
Two years later, Mr. Torres underwent a lumbar decompression. However, his complaints continued and he later underwent a fusion of the lumbar spine. Mr. Torres underwent additional physical therapy and a series of lumbar epidural steroid injections. He had a temporary spinal cord stimulator placed, as he was not a candidate for a permanent spinal cord stimulator. Mr. Torres continued to utilize medication for pain relief. It soon became clear that he would require future medical care during the course of his lifetime in excess of $two million. The medical procedures simply were not working effectively.
The Lawsuit
At the time of the accident Mr. Torres worked as a truck driver making approximately $33,000 a year. During litigation, Mr. Torres claimed that he was unable to work in any capacity since the accident and would not be able to resume any gainful employment during his lifetime. His attorneys calculated future lost earnings and benefits in the amount somewhere between $two million and $three million.
The Defendants challenged the nature and extent of Mr. Torres’ claimed injuries. They contended that the Plaintiff made a satisfactory recovery from his injuries such that he would be able to obtain gainful employment. Defendants further argued that Mr. Torres did not require the future medical care he claimed.
But on the eve of trial, , after the jury was selected, the parties settled. Mr. Torres received a $5,500,000 award for his medical bills and loss of income, both current and future. This is actually somewhat common in personal injury cases. The parties take the case up to trial, but when they meet and get to know the decision-makers (the jury) there is additional incentive to resolve the case.
Sternberg Injury Law Firm
If you or a loved one was injured in an elevator related accident, the Sternberg Injury Law Firm may be able to help. Our lawyers are well versed in personal injury law and utilize all methods to aim to achieve the highest possible compensation under the given circumstances. Our firm accepts cases all over New York including Bayside, and Fort Solonga. We offer a free consultation so you have nothing to lose by reaching out to us. Our firm can be reached by phone call, email, or website submission. We look forward to hearing from you.