On Aug. 28, 2006, plaintiff Thomas McAndrew, 36, an ironworker, worked at an outdoor construction site that was located at John F. Kennedy International Airport, in Queens. Shortly after McAndrew began his work, he walked to an area that housed safety equipment. As he was traversing an area of cluttered boxes, he slipped on paint overspray. He claimed that he fell and sustained injuries of his back and one finger.
McAndrew sued the site’s lessee, American Airlines Inc.; the construction project’s manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Co. Inc. He alleged that American Airlines and VRH/Torcon violated the labor law. He further alleged that Newport Painting & Decorating created and negligently failed to address a dangerous condition.
McAndrew claimed that the area of overspray was open to the elements and became even more slippery when it became wet. He contended that it had rained the night before the accident, thus making the area especially slippery. McAndrew’s counsel claimed that Newport Painting & Decorating had been painting in the area and negligently failed to place a tarp to prevent overspray. They also claimed that Newport Painting & Decorating should have cleaned the overspray.
McAndrew further claimed that the overspray and cluttered boxes were a recurrent condition and had been the subject of several complaints by him and other contractors. McAndrew’s counsel argued that American Airlines and VRH/Torcon were negligent for allowing the dangerous condition to persist.
McAndrew’s counsel contended that the site was not properly safeguarded and that, as such, it violated Labor Law ? 241(6). They further contended that the site violated the general safety requirements of Labor Law ? 200.
After the conclusion of McAndrew’s case, Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident. The matter proceeded against the remaining defendants.
Defense counsel contended that McAndrew knew that painting was occurring in the area and that the overspray was an open, obvious condition. They argued that McAndrew should have exercised greater caution or avoided the area.
McAndrew fell, and his right, dominant hand landed in an open box of sheet metal. The hand’s fifth finger was sliced, and McAndrew sustained damage of nerves and a tendon. He further claimed that his back was twisted and that the torsion caused herniations of his L2-3 and L4-5 intervertebral discs. He contended that he also developed residual radiculopathy.
Three days after the incident, McAndrew underwent surgical repair of his injured finger. Some five months later, he underwent tenolysis–the release of adhesions of a tendon. He also underwent about eight months of physical therapy, which addressed all of his injuries, and chiropractic treatment that addressed his spinal injuries.
McAndrew further claimed that he suffers a residual reduction of his injured finger’s range of motion. He contended that he may have to undergo repair of his right hand’s ulnar nerve, fusion of his injured finger’s joint and amputation of the finger. He also claimed that his herniations produce disabilities that prevent his resumption of work. He contended that he may have to undergo a laminectomy–surgical excision of a vertebra’s posterior arch.
McAndrew sought recovery of $53,770 for his past medical expenses, $3.5 million for his future medical expenses, a total of $3.5 million for his past and future lost earnings, $3.7 million for his loss of pension benefits, $2 million for his past pain and suffering, and $4 million for his future pain and suffering. His wife sought recovery of $250,000 for her past loss of services and $1.25 million for her future loss of services.
Defense counsel contended that McAndrew’s spinal injuries stemmed from degenerative conditions that preexisted the accident. They also contended that his injured finger experienced a good recovery.
The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident. It determined that McAndrew’s damages totaled $4,913,231.30.
Robin McAndrew
$125,000 Personal Injury: Past Loss Of Services
$125,000 Personal Injury: Future Loss Of Services
Thomas McAndrew
$53,770 Personal Injury: Past Medical Cost
$1,325,863 Personal Injury: Future Medical Cost
$83,598 Personal Injury: Past Lost Earnings Capability
$1,200,000 Personal Injury: FutureLostEarningsCapability
$200,000 Personal Injury: Past Pain And Suffering
$800,000 Personal Injury: Future Pain And Suffering
$1,000,000 Personal Injury: lost pension benefits
Judge Martin Shulman denied plaintiffs’ counsel’s motion for additur. Defense counsel reported that they may file post-trial motions and/or an appeal.