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$2,500,000 – Construction Fall through Hole Resulting in TBI

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We settled a construction accident fall for $2,500,000 dollars. The case was pending in Supreme Court Suffolk County, under index number, 47489/09 and the defendants were LMJ Contracting Inc., and United Baking Company, Inc., doing business as Uncle Wally’s Dunbar Systems Inc., and C & C Millwright Maintenance Company.

The lawyer for United Baking Co., is Christopher Diguilio of 21 W. 28st, 8th Fl., NY, NY 10018. The attorney’s for C & C Millwright are, White, Fleischner and Fino, LLP by Stuart Glass Esq. of 1527 Franklin Avenue, Garden City, NY 11501.

Dunbar Systems, Inc. was dismissed from the case.

Attorney for the plaintiff was Kenneth A. Wilhelm of the Law Offices of Kenneth A. Wilhelm at 445 Park Avenue, 9th Fl. New York, NY 10022.

Marek Chilinski was age 24 on the D/A of 09/03/09, when he fell through a hole while on United Baking Co. premises. He fell about 14 feet and he was a welder at the time of the accident. There was plywood planking over the hole, which did not hold his weight. He was taken to the hospital and remained there for about 23 days. He had multiple facial fractures and he had his jaw wired. He also had plates and screws implanted into the facial fractures. He was out of work for about 11 months and then did return to work on a full time basis. He also had a TBI. He had a prior accident about a year and 3/4 before this accident, which he was hit by a motor vehicle and was in the hospital for about 4 or 5 days, also with a head injury among other injuries.

We achieved summary judgement for the plaintiff on about 04/14/14.

The plaintiff’s experts were Dr. Leonard Harrison, Jr. (Ortho), Dr. Igor Stiler (Neuro), Dr. Jason Brown (Neuro Psychologist), Dr. David Staffenberg (Craniofacial Surgeon), Mark Schlesinger, DDS.

Defendants experts:

Barry Cooper, DDS, Jesse Weinberger, MD (Neuro), Dr. Jay Goldsmith (Orla & Maxillofacial Surgeon), David Erlanger, PHD (Neuropsychologist)

Kenneth A. Wilhelm settled the case on Jan. 12, 2017 for $2,500,000 and jury selection was to begin Jan. 17, 2017.

There was a workers comp lien of about $250,000 which I has reduced to $162,371.52



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