Partner Frank J. Lombardo represented a 48-year-old union construction worker who fell while attempting to descend a six-foot A-frame ladder. He sustained a fracture to his non-dominant elbow, which required an open reduction internal fixation and a subsequent elbow replacement. We included a claim for reduced work-life expectancy by obtaining medical and vocational rehabilitation opinions that the plaintiff would only be able to work approximately 5-7 more years and would sustain 8-10 years of future lost earnings.
The defense contended that the plaintiff’s work life was exaggerated due to statistics of retirement age of union carpenters and that the plaintiff did not fall but tripped while stepping off of the ladder. Frank Lombardo settled this case following mediation.