FILED: KINGS COUNTY CLERK 03/16/ :18 AM

Transcription

1 EXHIBIT "C" C

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X â Index No.: /15 LEONIDAS GOMEZ-JIMENEZ, Plaintiff, VERIFIED BILL -against- OF PARTICULARS 50 WEST DEVELOPMENT LLC, and HUNTER ROBERTS CONSTRUCTION GROUP, LLC, Defendants X - â â â â -- â â â â â â â --- S I R S: Plaintiff, by his attorneys, FRIEDMAN, FRIEDMAN, CHIARAVALLOTI 8 GIANNINI, as and for his Verified Bill of Particulars pursuant to the demand of the defendants, alleges, upon information and belief as follows: 1. Plaintiff resides at 41 Whipple St., Apt 1E, Brooklyn, New York. 2. Plaintiff's social security number is 3. The accident occurred on November 6, 2014 between about 9:00 a.m. 4. The accident occurred at premises known as 50 West Street, New York, NY. 5. The accident occurred on one of the floors of the building which was under construction when plaintiff was struck by construction material(s), object(s), tool(s), equipment, device(s), debris and or other related matter which fell from above and/or through an opening in the floor above as set forth hereinafter. 6. The nature of the work being performed was general construction. 7. The defendants, their agents, servants and/or employees were careless, reckless and negligent in the ownership, operation, maintenance and control of the aforesaid premises and the construction, alteration and/or renovation work being performed thereat, in negligently and carelessly supervising the work being performed; in negligently and carelessly promulgating safety devices, and/or safety procedures with regard to the work being performed; failing and omitting to provide the plaintiff with a safe place in which to work; in failing and omitting to provide and furnish safe guards for

3 ~' the protection of the plaintiff; plaintiff; failing and omitting to maintain the premises in a safe condition; in violating the provisions of the Labor Law 200, 240 and 241; failing to adopt, promulgate and enforce prompt, proper, reasonable and adequate safety rules and regulations for the protection and safety of persons working at the aforesaid site of the accident, and more particularly, the plaintiff herein; in failing to provide and enforce safety measures and procedures so as to prevent the accident; failing and omitting to comply with those safety standards and measures required; in failing to hire experienced, adequate, suitable and/or competent contractors, supervisors and/or managing agents to properly plan, repair and/or supervise the work; in failing and omitting to furnish the plaintiff with adequate equipment and/or protection in an area which was not properly guarded, braced and/or secured; in causing, permitting and/or allowing the plaintiff to work in an area which was in a dangerous, defective and/or hazardous condition; failing to provide proper and/or adequate safety devices which were constructed, operated, placed and/or maintained to afford the plaintiff with proper and/or adequate protection; in causing, creating and/or permitting an unsafe and hazardous condition for the plaintiff; in failing to inspect and view the work site prior to the commencement of the work by the plaintiff in order to determine and evaluate the particular characteristics of the work site; in failing to provide proper and adequate protection to plaintiffs life; in creating a dangerous, unsafe and hazardous condition to life and limb; in failing to exercise reasonable care and foresight for the safety of the plaintiff; in failing and omitting to take proper, necessary and safe precautions to avoid an occurrence such as happened herein; in failing and omitting to hire and/or supervise sufficient and efficient personnel; and in violating the laws, rules, regulations, ordinances, codes, statutes and standards made and provided in such cases; in failing to safeguard areas above the area in which the plaintiff was working; in failing to secure and/or adequately secure openings in the floor above lower floors and above the area in which the plaintiff was working; in failing to prevent construction material(s), object(s), 2

4 4 J tool(s), equipment, dev.ice(s), debris and or other related matter from falling to lower areas; in failing to barricade, post warnings, and/or otherwise prevent workers from working in lower areas exposed to falling objects and/or debris from above; in failing to safeguard, barricade and secure higher areas so as to prevent construction material(s), object(s), tool(s), equipment, device(s), debris and or other related matter from falling onto lower areas and workers working in lower areas; in failing to warn and otherwise protect the plaintiff and others from falling construction material(s), object(s), tool(s), equipment, device(s), debris and or other related matter Actual notice is claimed by reason of the creation of the conditions complained of by the defendants, their agents, servants, contractors and/or employees, the identities of whom are unknown to the plaintiff at this time. Constructive notice is also claimed by reason of the long and unreasonable length of time said condition existed after the defendants, their agents, contractors, servants and/or employees knew, or should have known of said condition, by reasonable inspection thereof and by the exercise of reasonable care. Plaintiff presently lacks knowledge as to the length of time said condition existed prior to the occurrence. 11. As a result of this occurrence, plaintiff sustained the following injuries: a. Plaintiff sustained traumatic injury to his chest, including but not limited to right sided chest wall injury, bilateral upper anterior pleuritic chest wall pain and muscular contusion with resultant pain, contusion, abrasion, redness, numbness, weakness, tingling, stiffness, tenderness, swelling, loss of sensation, and limitation of motion There is involvement of surrounding nerves, tendons, blood vessels, ligaments, and connective tissue in and around the above set-forth areas. b. Plaintiff sustained closed head trauma, concussion. cerebrovascular concussion syndrome and post concussion syndrome. Plaintiff was rendered unconscious. His physical symptoms include, but are not limited to, pain, severe headaches, dizziness, nausea and vomiting. There is involvement of 3

5 4 b SUrrOunding nerves, blood vessels, and connective tissue in and around the above set-forth areas. c. Plaintiff sustained a severe urinary tract infection as a result of placement of a foley catheter related to the injuries he sustained in the accident, with resultant pain and swelling, which infection required additional hospitalization and Intravenous antibiotics and/or other medications and treatment. d. Plaintiff sustained cardiac injury including, but not limited to, multiple instances of cardiac arrest, with extreme chest pain radiating to the left arm which required emergency cardiac catheterization, oral intubation, defibrillator placement he sustained distal LAD vasospasm and apical hypokinesis c/w Takosubo cardiomyopathy. Plaintiff required extended hospitalization. Plaintiff also sustained atrial fibrillation, left ventricular hypertrophy, inferior infarct, concentric left ventricular hypertrophy, severe apical anterior wall hypokinesis and decreased cardiac output e. Plaintiff sustained injury to the cervical spine, including, but not limited to cervical strain, sprain, trauma and derangement; with resultant pain, numbness, weakness, tingling, stiffness, tenderness, reduced reflex, swelling, loss of sensation, weakness, radiculopathy and limitation of motion. Plaintiff has weakness and numbness in the right arm. CT Scan of cervical spine reveals facet arthropathy left C4-5 There is involvement of surrounding nerves, tendons, blood vessels, ligaments, and connective tissue in and around the above set-forth areas. Aggravation and/or exacerbation of a preexisting resolved and/or resolving injury to the neck, including aggravation of cervical trauma. f. Plaintiff sustained injury to his right shoulder with resultant pain, abrasion, redness, numbness, weakness, tingling, stiffness, tenderness, swelling, loss of sensation, and limitation of motion. CT Scan revealed degenerative changes at the acromioclavicular joint with mild impingement; degenerative changes at the glenohumeral 4

6 joint; possible rotator cuff tear. There is involvement of surrounding nerves, tendons, blood vessels, ligaments, and connective tissue in and around the above set-forth areas. g. Plaintiff sustained injury to his right elbow with resultant pain, abrasion, redness, numbness, weakness, tingling, stiffness, tenderness, swelling, loss of sensation, and limitation of motion. There is involvement of surrounding nerves, tendons, blood vessels, ligaments, and connective tissue in and around the above set-forth areas. h. Plaintiff sustained injury to the lumbar spine, including, but not limited to lumbar strain and sprain; with resultant pain, numbness, tingling, stiffness, tenderness, reduced reflex, swelling, loss of sensation, weakness, radiculopathy and limitation of motion, including, but not limited to lumbar trauma and derangement. CT Scan revealed disc bulge at L4-5 with facet arthropathy and ligamentous hypertrophy causes central stenosis and bilateral neural foraminal narrowing. Aggravation and/or exacerbation of a preexisting resolved and/or resolving injury to the lumbar spine, including aggravation of lumbar trauma. i. Plaintiff was required to undergo an extensive regimen of treatment included, but not limited to pain and symptomatic medications and extensive physical therapy. Upon information and belief, the plaintiff will require surgery in future. Plaintiff experiences severe and marked pain and limitation of motion, stiffness and tenderness. With the exception of the superficialinjuries of contusions and bruises, the aforesaid injuries and the residual effects and sequelae thereof are permanent and may be progressive and he was and continues to be disabled from gainful employment. 12. Upon information and belief, all injuries and their effects are permanent in nature. 5

7 n 13. Plaintiff was confined to his bed for most of the two months following the accident. He was confined to his bed and home for approximately one (1) month beginning in January 2015 following his discharge from the hospital, where he remained except for physical therapy and physician visits. 14. Plaintiff received emergency room treatment and was admitted to New York-Presbyterian Hospital Lower Manhattan from 11/6/2014 to 11/08/2014; emergency room treatment at New York-Presbyterian Hospital Lower Manhattan 11/8/2014, 11/12/2014 and 12/10/14; Woodhull Medical and Mental Health Center 12/15/14; Bellevue Hospital 12/13/14 to 12/14/14, 12/14/14 to 12/30/14; 1/1/15 to 1/2/15. Hillside Family Chiropractic Howard Kessler, D.C. 185 Marcy Avenue Brooklyn, NY Total Neuro Care, P.C. R.C Krishna, M.D Voorhies Ave Brooklyn, NY See 12 above. 16. Plaintiff objects to this demand as evidentiary in nature and beyond the scope of a bill of particulars. Without waiving said objection, plaintiff was a construction laborer at the time of the accident and was employed Difama Concrete, Inc. 17. The plaintiff has been rendered totally disabled as of the time of the accident to the present and continuing. 18. See 15 above. 19. As a result of this occurrence, plaintiff sustained the following special damages to date: (a) Physicians expenses: To be supplied (b) Medical expenses: To be supplied 6

8 (c) Loss of earnings: To be supplied (d) Hospital expenses: To be supplied (e) X-rays expenses: To be supplied (f) Nurses expenses: To be supplied (g) Other expenses: To be supplied 20. (a) Part and/or all of the cost of special damages is being covered by the Workers' Compensation carrier. (b) Plaintiff objects to this demand as evidentiary in nature and beyond the scope of a bill of particulars. Without waiving said objection, Workers' compensation is covering at least a portion of the medical, hospital, physicians, nurses and loss of earnings. The specific amounts will be supplied. (c) Plaintiff is not in possession of that information. (d) See above. (e) Not applicable. (f) Yes. (g) Plaintiff objects to this demand as evidentiary in nature and beyond the scope of a bill of particulars. 21. Plaintiff's date of birth is 22. Defendants violated Labor Law 200, 240 and 241, and requests that the Court takes judicial notice of all applicable statutes, rules and laws; the following sections of Rule 23 of the Industrial Code of the State of New York (12NYCRR23): , , (a)(1), , , , , Plaintiff reserves the right to supplement this response after completion of discovery. 23. Labor Law 200, 240 and 241 are all exceptions to CPLR Article Plaintiff objects to this demand as evidentiary in nature and beyond 7

9 the scope of a bill of particulars. 25. Plaintiff objects to this demand as evidentiary in nature and beyond the scope of a bill of particulars. 26. Plaintiff is not currently aware of the names of any witnesses to the occurrence, but believes that one or more of his co-workers may have witnessed the accident. Plaintiff reserves the right to supplement this response Plaintiff objects to this demand as evidentiary in nature and beyond the scope of a bill of particulars. 28 Plaintiff claims that Labor Law 240, 241 and 200 are exceptions to CPLR Article 16. Dated: New York, New York October 21, 2015 Yours, etc., / Alan M. Friedman FRIEDMAN, FRIEDMAN, CHIARAVALLOTI 8 GIANNINI Attorneys for Plaintiff 21'' 2 Rector Street, Floor New York, New York (212) File No TO: LEWIS BRISBOlS BISGAARD 8 SMITH LLP Attorneys for Defendants 77 Water Street, Suite 2100 New York, NY (212) Your File No

10 STATE OF NEW YORK COUNTY OF NEW YORK ss: ALAN M. FRIEDMAN, being an attorney admitted to practice in the Courts of this State, makes the following affirmation under the penalty of perjury: I am a member of the firm of FRIEDMAN, FRIEDMAN, CHIARAVALLOTI GlANNINI, attorneys for the plaintiff herein and have offices at 2 Rector Street, New York, New York. I have read the foregoing bill of particulars and know the content hereof and the same is true except as to those matters alleged upon information and as to those matters I believe them to be true. This affirmation is made by me because plaintiff is not now within the County of New York where I have my offices. The grounds for my belief as to all matters in the said bill of particulars are conferences with plaintiff, investigation of the circumstances relating to the allegations, review of medical records and reports and documents in my file. Dated: New York, New York October 21, 2015 ALAN M. FRIEDMAN 9

11 ll, Înnini I)) %1) ll I11111 ini st Floor $2.309 US is POSTAGE postage 0. s FROM OCT Statit n. r '''lill'l'lllfil'illl"ilililllflli'epplell"irfllpl'elll 'ltll"iii'tl~lll' IIII"III'<l~<>l' Adam J. Hiller, Esq Lewis, Brisbois, Bisgaard & Smith 77 Water Street Rm 2100 New York NY