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$500,000 result- cited in The New York Jury Verdict
Reporter
XI/31-32 Scaffold Accident - New Jersey Law - Asbestos
Handler Suffers Bilateral Multiple Arm Fractures
SETTLEMENT: Zenon Kaczmarzyk v. Port Authority of New York
and New Jersey and Blandford Land Clearing Corp. 1453/91 Date of
Settlement 12/20/93 Kings Supreme
Pltf. Atty: Alan M. Greenberg of Barton & Zasky, Manhattan
This action settled after 3 days of liability testimony for
$500,000. Pltf., a 31-year-old asbestos handler, claimed that on
5/1/90 at 8:45 AM he was removing asbestos from pipes inside a
large boat house at Pier C on the Hoboken waterfront in Hoboken,
New Jersey. Pltf. testified that he was working on a scaffold 20
feet from the ground and using an electric saw to cut the pipes
down. He claimed that a pipe fell from the ceiling and struck
the scaffolding, causing it to collapse and causing him to fall
to the ground. Pltf. argued that Defts. violated OSHA
regulations in that the scaffolding did not have a guardrail
around it, the wheels were not pinned properly, and he had no
safety belt at the time.
Deft. Blandford Land Clearing, a demolition contractor, entered
into a contract with Port Authority to demolish the boat house
to create a waterfront development in that area. Pltf.'s
employer, Jarco, was dismissed prior to trial. The court cited
New Jersey law which bars Defts. from asserting contribution
claims against the employer. The New Jersey law also states that
the general contractor had the duty to comply with OSHA
regulations regardless of its control over the worksite.
Injuries: bilateral fractures of the ulna and radius requiring
open reduction and internal fixation; fractured pubic bone;
fractured iliac crest. Pltf. underwent a bone graft procedure.
Demonstrative evidence: illustrations of the accident scene and
the Pier. Pltf. Expert: Howard Edelson, retired OSHA supervisor,
Plainview. Pltf. also called a graphics design expert from Stan
Adler & Associates, Manhattan, who illustrated, using deposition
testimony of descriptions of the scene, what the site looked
like at the time of the accident.
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