Trial Magazine

Juan Cruz, 35, worked as a security guard at a building where workers were constructing sets and stages for a corporate event. As a worker was carrying a ladder past a beam that had been propped against a wall, the ladder’s legs struck the beam, causing it to topple over onto Cruz. He suffered a concussion and cervical and lumbar herniations, necessitating conservative treatment and, later, spinal surgery.

Cruz has been diagnosed with post-concussion syndrome, which affects his cognition and prevents him from returning to work. His past medical expenses totaled $355,000.

Cruz sued Moynihan Station Development Corp., and the New York State Urban Development Corp.; the premises lessor, Skylight Group Inc.; and the entity constructing the stages and sets, PLS Staging, alleging liability for the worker’s mishandling of the ladder and negligent supervision of the workplace.

The defendants argued that the worker who toppled the beam was an independent contractor and that they did not have responsibility for supervising work performed at the site.

The parties settled for $3.2 million before trial. PLS Staging paid $3.1 million, and an insurer for Moynihan Station, New York State Urban Development, and Skylight Group paid the rest.

Citation: Cruz v. Moynihan Station Dev. Corp., No. 159525/14 (N.Y. Sup. Ct. New York Cty. Nov. 12, 2019).

Plaintiff counsel: Philip Monier and AAJ member David Resnick, both of New York City.

Plaintiff experts: Ali Guy, life care planning, Aric Hausknecht and Jason Brown, neurology, Karl Hussman, radiology, and Richard Schuster, vocational rehabilitation, all of New York City; Jose Colon, pain management, Newark, N.J.; Andrew Merola, orthopedic surgery, Brooklyn, N.Y.; and Larry Lichtenstein, economics, Buffalo, N.Y.

Defense experts: Ira Chernoff, orthopedic surgery, Stony Brook, N.Y.; Jane Martin, neuropsychology, and Jeffrey Klein, orthopedic surgery, both of New York City; Jane Mattson life care planning, Norwalk, Conn.; Calum McRae, biomechanics, Penns Park, Pa.; and Peter Capotosto, vocational rehabilitation, Rochester, N.Y.