Walter Aguilar v. NYCHA and KOMI Construction
Supreme Court, New York County

Facts:

Plaintiff 22-year-old laborer fell off a sidewalk bridge sustaining a severe fracture of his right leg requiring plate, screws an intramedullary rod.  Plaintiff obtained summary judgment on Labor Law 240. Plaintiff proceeded to trial on damages against the owner and General Contractor.

Plaintiff’s position:

Plaintiff sought $3.2 million for lost wages and pain and suffering. Plaintiff claimed his client could not work

Client’s position:

We represented the owner and obtained contractual and common law indemnity from the general contractor.  We also recovered all defense costs.

Critical Issues:

Jury disregarded plaintiff’s claim that he could not work and awarded only one year of future lost wages based on the testimony of the defendant’s vocational rehabilitation expert. Total verdict was $483,000.

Result:

Directed verdict in favor of client.