Mitch Kahn, Noah Katz, and Fatos Dervishi settled this matter for $5.3M. This case involved a 28-year-old non-union construction worker who sustained a deep wound to his left hand/thumb while using a table saw which lacked a safety guard. While in the process of cutting wood with the saw, the wood kicked out and he lost grip resulting in the saw blade lacerating his hand/thumb. Over time, he developed Complex Regional Pain Syndrome and/or severe muscle atrophy compromising the use of his left hand and arm. In addition, he sustained an injury to his lower back resulting in single level fusion.
Defendants contentions were that plaintiff was not permitted to use the table saw and was instructed not to use it before the date of his accident. Mitch was able to show through witness statements, photographic evidence, and deposition testimony that plaintiff was permitted to use all types of hand-held power tools in the course of his work including saws. Any instruction not to use the saw pre-dated the accident by several months, such that on the jobsite where his accident occurred, plaintiff was directed to and did use saws in his work.
Defendants also countered plaintiff’s damages claims by contending that plaintiff’s claim of CRPS was unfounded and that plaintiff was malingering with respect to the extent and severity of his lack of hand and arm function. Mitch showed through medical proofs that plaintiff’s injuries were longstanding and a direct result of the accident and that he developed CRPS and/or severe muscle atrophy which impacted the use and functionality of his hand and arm given the nature and type of wound sustained.
Ultimately, the case settled at private mediation with the defendants’ insurers including available 1B coverage via plaintiff’s employer due to the severity of plaintiff’s injury and factual and legal proofs established by our law firm.