Dalli & Marino, LLP Announces $10,015,000 Jury Award for Construction Accident Victim

Friday, March 16, 2012

Attorney John Dalli of Dalli & Marino, LLP was joined by his client, Jose Ordonez, to announce that Mr. Ordonez was awarded $10,015,000 by a New York State Supreme Court jury for on-the-job injuries he suffered while removing asbestos from a building in New York City. The announcement was made during a press conference at the firm’s Mineola location on March 13.

On November 27, 2007, Mr. Ordonez, a Queens resident, was removing asbestos from the ceiling of a building in Manhattan which was being converted into condominiums when he slipped and fell approximately 15 feet from a cherry picker, landing on his back and neck. He suffered fractured ribs, a herniated disc, lacerations, a hematoma, traumatic brain injury, headaches and a concussion.

Mr. Ordonez was taken to St. Vincent Medical Center for three days, undergoing evaluations and CT scans. He later underwent physical therapy two to three days per week for five months. He also came under the care of a neurologist, who diagnosed him with a mild concussion and prescribed Mr. Ordonez with pain medication.

Between June 2008 and February 2011, Mr. Ordonez underwent numerous medical procedures. During the fall of 2008 — one year after the accident — Mr. Ordonez began to experience seizure-like symptoms. Later that year, he underwent an MRI which revealed a herniated disc. On February 23, 2011, he underwent spinal fusion surgery to remedy the problem. Mr. Ordonez claimed he was suffering from headaches and nosebleeds, and the brain injury affected his mood and caused him to become depressed. As a result, he said, he could not return to work or enjoy athletic activities.

Mr. Ordonez sued 346 W. 17th Street, LLC, the property owner, and Topflight Contracting, Inc., the contractor. On March 2, with Judge Geoffrey Wright presiding, a New York State Supreme Court jury awarded Mr. Ordonez $10,015,000 for medical costs, lost earnings and pain and suffering. The case was settled following the verdict for $4.25 million.

“We are pleased with the jury’s decision to award my client for on-the-job injuries he sustained and the suffering he experienced as the result of these serious injuries,” Mr. Dalli said. “We were able to successfully argue that the fall caused his injuries and the concussion led to the brain injury. It would be unfair to deny Mr. Ordonez the opportunity to seek any damages. What the defense failed to understand is that all workers are protected under New York State labor laws. We believe the jury understood that the owners of construction sites have an obligation to keep them safe for workers.”
For more information, call (516) 292-4700 or visit www.dallimarino.com.

* Photo is available upon request.

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About Dalli & Marino, LLP

Dalli & Marino, LLP is a full-service trial law firm concentrating in personal injury law including construction accidents, medical malpractice, automobile accidents and wrongful death claims. The firm has a concentration in nursing home litigation in which their clients have been victims of abuse at a nursing home, which may include failing to properly administer medication; physical, sexual and mental abuse; bedsores; falls; and malnutrition. The firm has offices in Mineola, New York and in Manhattan. For more information, call (516) 292-4700 or visit www.dallimarino.com.