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$500,000 result ─ cited in VerdictSearch.com
Labor Law ─ Workplace Safety ─ Worker’s Hand Crushed While
Hanging Billboard Sign
VERDICT: $500,000
CASE: Kenneth Ferrier v. E Gluck Corporation, D&G Holding
Company, Dan Geoly and Guy Geoly, No. 27115/04
COURT: Queens Supreme. JUDGE: Peter
Kelly. DATE: 6/28/2007
PLAINTIFF ATTORNEY(S): Alan M. Greenberg, Law Offices
of Alan M. Greenberg, New York, NY; and Matthew Tomkiel, Tomkiel
& Tomnkiel, Bronxville, NY
DEFENSE ATTORNEY(S): David Cooklin, Ahmuty Demers &
McManus, Albertson, NY (E. Gluck Corp.), and John Wayne, Barry
McTiernan & Moore, New York, NY (D&G Holding Co., Dan Geoly, Guy
Geoly)
FACTS & ALLEGATIONS
On Dec. 6, 2001, plaintiff Kenneth Ferrier, 31, a sheet-metal
worker and sign-hanger, was hanging a sign on a billboard on top
of a 300-foot tall Long Island City commercial building. The
building was owned by D&G. Holding Co., which Dan and Guy Geoly
owned as partners. D&G Holding leased the billboard to the E.
Gluck Corp. The 30-foot high billboard stood 10 feet above the
building’s rooftop, and it had three catwalks, all behind or to
the rear of the facing.
Ferrier was attaching an ad that consisted of a large plastic
sheet with a 20-pound aluminum flatbar attached to the bottom
for weight. Ferrier was kneeling on the bottom rear catwalk,
reaching from beneath the billboard’s facing to grab the ad, and
did not have clear visibility of the ad. A gust of wind snapped
the ad toward the facing, pinning Ferrier’s right hand between
the flatbar and a crossbar. Ferrier sustained hand injuries.
Ferrier sued E. Gluck, D&G Holding and the Geolys. He alleged
that the defendants violated the labor law.
Plaintiff’s counsel claimed that the billboard qualified as a
work site and that it was unsafe because of the lack of a front
catwalk that would allow clear visibility of the billboard’s
facing when installing an ad.
The defense argued that no laws or regulations requited a front
catwalk, that Ferrier’s employer did not inform them of the need
for one, and that this was the first accident involving the
billboard in 20 years. They also argued that Ferrier was
contributory negligent for not getting assistance from his
co-workers in trying to grab the ad. They further claimed that
E. Gluck did not qualify as an owner of the billboard under
state labor law.
INJURIES/DAMAGES
Chondromalacia; crush injury, hand; fracture, finger; fracture,
metacarpal; torn cartilage; wrist
Ferrier suffered a crush injury of his right hand and wrist. He
fractured his fifth metacarpal; ring and small fingers, and he
suffered a triangular fibrocartilage tear in his right wrist and
instability and chondromalacia in his right ulna head. He
underwent a right distal radial ulna joint hemiresection
arthroplasty and stabilization of the joint.
Ferrier was out of work for eight months. Three months after his
return to work, he was forced to quit permanently because of
pain and weakness in his right hand. He currently works as a
server/bartender. His worker’s compensation lien was $39,000.
Ferrier sought reimbursement of the lien amount and damages for
his past and future pain and suffering.
RESULT: The jury found both E. Gluck and D&G Holding liable
for Ferrier’s injuries. Liability was split evenly between the
two companies.
Prior to the liability phase of the trial, the parties entered
into a high/low agreement, calling for a low payment of $50,000
for a finding either for the defense or of 10% liability for the
defense, and an additional $5,000 for each percentage point of
defendant liability above 10. With the defendants found 100%
liable, the agreement called for an award of $500,000.
DEMAND: $600,000 (total, all defendants)
OFFER: $65,000 (total, all defendants)
TRIAL DETAILS: Trial Length: 3 days. Jury Deliberations:
4 hours. Jury Vote: 6-0. Jury Composition: 6 female.
EDITOR'S NOTE: This report is based on information that
was provided by plaintiff’s counsel and E. Gluck’s counsel.
VerdictSearch was not able to obtain feedback from the remaining
defendants’ counsel.
— Rick Archer
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