Miraglia v. H&L Corp., N.Y., Bronx County Sup. Ct., No. 25228/00, Feb. 13, 2004.
Miraglia, 42, was removing pins from a temporary wall at a construction site. To get from one area to another, Miraglia had to walk across wooden planks placed over a trench that was more than eight feet deep. One of the planks collapsed, and Miraglia fell into the trench, where he was impaled by a reinforcement bar. He suffered paraplegia, a perforated bowel and colon, a fractured sacrum, and a rectal tear, among other injuries, and requires drains in his spine, abdomen, and rectum. Miraglia needs full-time care. His past medical expenses were about $235,000, and his future medical expenses are estimated at $10 million.
A laborer who had been earning approximately $40,000 annually, Miraglia is unable to return to work. His past lost earnings were about $185,400, and his future lost earnings are expected to be about $1.31 million.
Miraglia sued the owner of the construction site, alleging the use of wooden planks and failure to provide safely equipment violated state labor laws. The site owner sued plaintiff's employer as a third-party defendant for failing to supervise the site or provide safety equipment.
The court ordered a directed verdict releasing the site owner from liability. The court further directed a liability verdict in favor of plaintiff against his employer, holding diat the employer could not refute the labor law violations. The case went to trial on the issue of damages.
A jury awarded about $87 million. Defendant's motion to set aside the verdict is pending.
Plaintiff's experts in this case were Joseph Carfi, physical rehabilitation, Great Neck, N.Y.; Alvin Mickens, economics, New York, N.Y.; Inocencia Carrano, physical rehabilitation, West Haverstraw, N.Y.; and Frank Powell, civil engineering, Brooklyn, N.Y.
Plaintiff's Counsel
*Steven L. Hess, New York, N.Y.
Copyright Association of Trial Lawyers of America Oct 2004
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