Frank J. Lombardo, attorney with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, settled this matter during discovery for $1,900,000. The plaintiff, who was 46 years old at the time of the accident, was a non-union laborer who sustained severe and permanent injuries when a pipe that was not properly secured fell and struck him in the head, neck, and shoulder, causing him to fall to the ground.
We alleged that the plaintiff sustained a cervical herniated disk requiring an anterior cervical interbody arthrodesis of C4, C5, and C6, with decompression of the spinal cord and nerve roots and placement of a biomechanical device; right shoulder Slap grade IV lesion; anterior glenoid labral tear requiring surgical repair; and cognitive injuries consisting of memory loss and diminished concentrating.
The defendants contended that the plaintiff’s injuries were all preexisting in that he had two prior accidents involving injuries to his cervical and lumbar spines and right shoulder, and had made a prior traumatic brain injury claim, as well as having a stroke less than one year prior to the subject accident.