Verdict Search's Top NY Verdicts of 2008

Verdict Search's Top NY Verdicts of 2008, pages 4, 8 and 11

Named #1 verdict in Construction Site/Injuries/Labor Law category

Named #5 verdict in Top 25 New York Verdicts in 2008

Named #47 verdict in Top 100 New York Verdicts in 2008

Okraynets v. City of New York 1:06 CV 7910 U.S.D.C., S.D.N.Y.
Verdict: March 12, 2008

Construction Worker Accident

Dmitry Okraynets, 31, was a carpenter performing concrete form work at a city ferry terminal. He was working about 15 feet off the ground when a concrete form unit that his safety belt was attached to broke off from the wall to which it was attached. Okraynets fell to the ground, fracturing his spine at T12, and the 800-pound form unit fell on top of him.

Mr. Okraynets and his wife sued the Metropolitan Transportation Authority, which operated the ferry terminal, and its subsidiaries. Plaintiffs alleged failure to provide a safe and secure place to anchor his safety belt. They also alleged failure to have a procedure to ensure the tie-off locations on the concrete form system were secure to use as an anchor.

The day before jury selection, the defendants conceded liability and the damages trial ensued.

As a result of the accident, Mr. Okraynets was rendered paraplegic with full use of his arms. Mr. Okraynets' past medical costs in the amount of about $500,000 were covered by workers' compensation. He claimed about $14 million in estimated future life-care planning costs. Okraynets had been earning about $90,000 annually, and claimed about $182,200 in past lost wages and fringe benefits, which include pension and annuity funds. He claimed about $9.21 million in estimated future wage loss and fringe benefits.

The defendants contested the extent of the plaintiff's injury, the amount of future wage loss and that future care costs would amount to about $4 Million. The jury's verdict totaling $44,706,444.00 was broken down as follows:

Dimitry Okraynets
$498,376 Personal Injury: Past Medical Cost
$129,150 Personal Injury: Past Lost Earnings Capability
$5,000,000 Personal Injury: Past Pain and Suffering
$53,049 Personal Injury: Past Loss of Fringe Benefits
$15,000,000 Personal Injury: Future Pain and Suffering (39 years)
$5,261,135 Personal Injury: Future Lost Earnings (30 years)
$4,214,734 Personal Injury: Future Loss of Fringe Benefits (30 years)
$2,100,000 Personal Injury: Future Medical Costs (39 years)
$1,000,000 Personal Injury: Future Cost of Medication (39 years)
$4,250,000 Personal Injury: Future Health-care Expenses (39 years)
$700,000 Commercial: Home modifications and transportation (39 years)
$1,500,000 Commercial: Future cost of adaptive equipment, personal care & supplies (39 years)

Tatania Okraynets
$1,000,000 Personal Injury: Past Loss of Services
$4,000,000 Personal Injury: Future Loss of services (39 years)

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