Deno Pestic v. Stern Projects, et al. Supreme Court, Kings County 188828/12
Deno Pestic, a 49 year old painter, was working at a jobsite in NYC when a large window standing vertically suddenly tipped over and fell striking Mr. Pestic while his back was towards the window. The window struck Mr. Pestic on his neck, back and crushed his ankle. Plaintiff asserted work safety violations of the Industrial Code in connection with the falling window, as it was improperly stored and secured. More specifically, plaintiff claimed defendants were in violation of LL 240 and LL 241(6). Plaintiff’s motion for summary judgment based on LL240 was denied, however the court held there were questions of fact for a jury to decide as to whether the windows were properly secured and stored.
Plaintiff was sent home early Friday morning and sought medical treatment Monday morning due to severe pain in his neck, back and ankle. Plaintiff sustained a nondisplaced fracture to his ankle and derangement to his neck and back, ultimately being diagnosed with cervical and lumbar disc herniations. After failing a course of conservative treatment, Mr. Pestic underwent surgery to his neck, back and ankle. Mr. Pestic claimed he needed future medical care and was unable to return to work as a painter, as well as any capacity.
Defendants claimed that the window was properly stored and secured, and as such they were not responsible for the happening of the accident. Defendants claimed that plaintiff’s injuries to his neck and back were unrelated to this accident and were pre-existing. Defendants further claimed that plaintiff was capable of returning to work without restrictions.
Judd F. Kleeger, Partner, resolved this matter while the case was on the trial calendar for $4,300,000.