Action was brought in US States District Court, Southern District of New York, based upon Diversity of Citizenship and assigned to District Court Judge George B. Daniels.
On August 10, 2013, a $500,000 settlement was obtained for our client who was then a 67 year old citizen of India visiting the US, who on 10/16/12 at approximately 11:00 a.m. was struck by a collapsing portion of plywood fencing protecting the 2nd Ave. subway project on 2nd Ave. between 94th & 95th Streets, New York, NY. This caused him to fall to the ground, with the fence falling directly on top of him. Construction workers nearby responded to his cries for help, and the fencing was removed from on top of his body, while he remained lying on the ground conscious and in great pain.
As a result of this incident he sustained a left tibial plateau fracture requiring surgery (open reduction internal fixation and an anterior compartment fasciotomy on 10/19/12). During the course of the hospitalization he developed an infection and complication of incisional erythema and was treated with antibiotics. He also sustained soft tissue injuries of his neck, lower back, right shoulder, and right foot which were treated conservatively. He necessitated about two months of physical therapy for his leg and other injuries.
His wife claimed loss of her husband’s services and companionship. She was a retired accountant at the time of this accident and sought no loss of earnings. His medical bills paid by an accident med-pay policy he purchased before his trip amounted to approximately $83,000.
On August 10, 2013 and after a lawsuit had been commenced in Federal Court but before discovery was conducted a nonbinding mediation with former Supreme Court Justice Allen Hurkin-Torres of JAMS took place resulting in this settlement. Plaintiff’s medical bills were paid by Coris USA and because they were not ERISA based, did not result in a lien.