Notable Jury Award Upheld in the Second Department for Ankle & Back Injuries
By: Robert P. Valletti, Esq.
Ankle and back injuries can occur in many ways on construction sites; falling from a ladder and landing on your feet, however, is one way to accomplish both at the same time. Aside from the obvious way one sustains an ankle injury when falling from height, landing on one’s feet (or on one foot) can cause compression injuries to the back.
In the case of Guallpa v. Key Fat Corp., Manuel Guallpa fell to the ground from a ladder 10 feet high while repairing windows at a storefront construction site in Queens County. His right ankle sustained the brunt of the fall and he was taken to the local hospital where he was diagnosed with an intra-articular fracture of the medial malleolus. Guallpa underwent an open reduction and internal fixation of his ankle after initial casting was unsuccessful. A subsequent surgery was required to the same ankle later to remove the hardware and scar tissue.
Guallpa also sustained a back injury in the accident which caused radiation pain from his back down to his legs. He underwent pain management treatment which included epidural injections and epidural steroid injections. This was unsuccessful at alleviating the pain which was later attributed to a large disc herniation at L4-L5, necessitating a lumbar discectomy.
Guallpa sued the owner of the building at the construction site alleging violations of New York Labor Law §240(1), a law which requires building owners to provide workers with proper protection from height related injuries. A jury sitting in Queens County awarded Guallpa pain and suffering in the amount of $2,219,571, with a breakdown of $719,000 past (4 years) and $1,428,571 future (28 years).
Notably, the defendant appeals this award, alleging it was excessive; however, the Second Department upheld the entire award, including the past and future lost earnings awards of $285,360 and future medical expenses $535,714.
An important side-note in this case is that the defense had hired an investigator to follow the plaintiff and take video of him performing tasks such as carrying groceries and such. The defense tried to refute the plaintiff’s claims that he was totally disabled and that as a result of the accident he had an antalgic gait.
