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Verdict:$2.9 million; $2,693,500
for Tom Zujkowski, $269,583 for Cathy Zujkowski
Summary:At the time of the accident,
plantiff was a 28-year-old roofing-and-siding construction foreman with
annual earnings of $34,000. In May, 1990, he fell 30 feet to a concrete floor
when the floor on which he was working collapsed under him. The plaintiff's
injuries, including multiple fractures, resulted in his total and
permanent inablility to pursue gainful employment. Plaintiff contended that
the general contractor for the complete retrofit of the building where he
was working failed to comply with all relevant OSHA regulations, Defendant
general contractor sued plaintiff's employer/subcontractor as third-party
defendant seeking indemnity for the injuries under their uderlying
construction agreement. The jury found the defendant 99 percent responsible
and the plaintiff 1 percent responsible for the accident. The third-party
defendant was not found negligent in any way that would have required it to
indemnify the defendant. Motions for a new trial and a remittitur have been filed.
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Claimed Injuries:
Tom Zujkowski multiple fractures of both heels, multiple
fractures of the left wrist, fractured lumbar vertebra right
arm injury, multiple surgeries and lose of ability to work
Plaintiffs' attorney:
James A. Erisman, Daly, Erisman & vanOgtrop, Wilmington.
Defendants' attorneys:
For Pettinaro Constuction: Mary Sherlock, Brown, Shiels & Chasnov,
Dover. For Coffey Brothers: James F. Balley, Wilmington.
Plaintiff's experts:
Dr. Albert Johnson, Bridgewater, N.J.(treating orthopedic surgeon);
Mathew J. Burkart, Southampton, Penn. (safety engineer); Robert P.
Wolfe, Cherry Hill, N.J. (vocational/economic expert).
Defendant's experts:
Stephen McDermott, Wilmington (vocational and rehabilitation expert);
Ingo Zeise, Elkton, Md. (saftey engineer).
Insurance carrier:
The PMA Group.
Report submitted by:
Robert E. Daley.
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