New York Elevator Accident: $1.55 Million Recovery

Neck, Back, and Shoulder Injuries

Plaintiff, a 32-year-old account manager at a financial institution, was injured when the elevator he was in at work quickly dropped five floors and abruptly came to a stop. Records showed the elevator had also dropped a couple of floors on a prior occasion.

As a result, plaintiff was thrown into the side of the elevator, then to the floor. Plaintiff sustained an injury to his shoulder and injuries to his neck and back. Although he missed only a short time from work, plaintiff treated intensively with doctors and therapists. Over the next three years, plaintiff was required to undergo a shoulder surgery and surgeries to his neck and back.

Plaintiff's two neck surgeries included a fusion of cervical vertebrae due to a severe herniated disc and a second surgery to correct a problem with first fusion. Plaintiff also had a fusion of two lumbar vertebrae due to a herniated disc. Plaintiff also had a congenital condition called spondylolistheses, which is an altered position of some of the vertebrae in the lower back, which complicated the injuries he sustained in the accident. Plaintiff, who was an active and athletic individual, claimed that given his young age at the time of the accident, he would have many years of restrictions with respect to all the activities he regularly enjoyed before his accident, as well as the inability to do many normal activities with his young children.

The case was resolved for $1,550,000.00 million after a mediation a few weeks prior to jury selection. The resolution of this case was a joint effort of trial attorney Bill Hepner and of counsel attorney Paula M. Greco.

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