Verdicts: Eddie Feliciano v. Conoco, Inc.

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XI/45-34 CONSTRUCTION ACCIDENT FAILURE TO PROVIDE SAFE WORKPLACE LUMBAR FRACTURE

SETTLEMENT: Eddie Feliciano v. Conoco, Inc. 92 Div 1743 Date of Settlement 12/15/93 Eastern District

Pltf. Atty: Edward Sivin, Manhattan

This action settled before trial for $900,000. Pltf., a 19-year-old part-time painter employed by S&K Painting, claimed that on 8/23/91 he fell from a platform on top of a scissor-type lift truck. Pltf. would have testified that he was sandblasting a storage tank at Deft.'s facility in Chesapeake, Virginia when the nozzle became clogged, cutting off the pressure in the hose and causing him to fall off the platform. He fell between 17 and 40 feet to the ground.

Pltf. argued that Deft. was negligent for failing to provide a safe workplace as owner and general contractor. He also claimed that it failed to equip the platform with railings and failed to supply him with a safety belt. Deft. contended that Pltf. was provided with a safety line but that he chose not to wear it. It claimed that if he had worn the line, he would not have been injured.

Injuries: fracture at L-3 requiring fusion surgery at L2-4. Pltf. claimed that he was unable to return to work. He argued that he has some sexual dysfunction, has restricted motion in his back, and spasms in his right leg. Pltf. was hospitalized in Virginia for 10 days. Deft.'s examining doctors indicated that Pltf. had a mild restriction and was able to return to work. They concluded that there was no physical evidence of Pltf.'s claim that he has a physical sexual dysfunction. Note: Deft.'s motion to change the venue from United States District Court in Brooklyn to Virginia was denied. Carrier: Aetna.

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