On December 4, 2007, Greg Leszczynski was employed as part of a construction crew digging trenches and installing sewer lines in Grahamsville, New York. He was standing in a trench about nine feet deep where pipe was being laid when a frozen lump of stone, about 18 inches in diameter weighing about 60 pounds, came out of a loader bucket, bounced into the trench and then struck him in the head.
Leszczynski, then 31 years old, was injured and he sued three parties in Sullivan County Supreme Court – the Town of Neversink (the street site owner), the project’s engineering firm (dismissed prior to trial) and IMS Safety, Inc. (the project’s safety consultant).
The town settled during the liability phase of the trial and IMS was then found vicariously liable under Labor Law 241(6) due to the negligence of plaintiff’s employer (the general contractor that hired IMS) .
At a separate trial on damages, a new jury awarded plaintiff pain and suffering damages in the sum of $175,000 ($25,000 past – four years, $150,000 future – 35 years).
On appeal in Leszczynski v. Town of Neversink (3d Dept. 2013), the $175,000 award has been affirmed despite plaintiff’s claim that it was inadequate.
Here are the injury details:
- herniated disc at L5-S1
- three epidural steroid injections in 2008
- L5 hemilaminectomy (surgical removal of one of the two laminae in a vertebra) and foraminotomy (surgical decompression of nerve roots) on May 25, 2009
- back pain causing inability to lift or bend, do chores around the house, cut grass or shovel snow, or engage in previously enjoyed recreational activities such as swimming, snowboarding and weightlifting
- concussion with severe headaches, continuing through trial