Firm Obtains $2.76 Million Verdict for Worker's Compensation Case
The case was handled on behalf of a North Country man whose hand was amputated by construction equipment.
After an eight-day trial, a Franklin County jury awarded $2.75 million to Thomas Fisher of St. Regis Falls on May 10, 2013. Mr. Fisher was represented by attorney John Muldowney of Fischer, Bessette, Muldowney & McArdle, LLP, in Malone.
In, 2003 Mr. Fisher had his right (dominant) hand crushed by a concrete pump manufactured by Multiquip, Inc., a California construction equipment firm. Although Mr. Fisher underwent multiple surgeries in an effort to save his hand, it was necessary that the hand be surgically amputated nine months after the accident.
The jury verdict included $1.5 million for Mr. Fisher's pain and suffering from his accident through the date of trial, $1 million for anticipated future pain and suffering, and $56,000 for lost wages. During the trial, the parties stipulated and agreed that Mr. Fisher had $200,000 in past medical expenses. The jury verdict will be reduced by 20%, owing to the jury's assessment of 20% fault for the accident against Mr. Fisher.
Mr. Muldowney stated that the case demonstrated the "fortitude of a North Country man who fought a one-half-billion-dollar company from California to at last get his day in court, nearly 10 years after he was hurt."
Trial of the case involved testimony expert witnesses from five states, and included testimony from hydraulic power experts, industrial safety experts, as well as experts familiar with concrete pumps. The testimony of four physicians and one prosthetist was also presented to show to the jury the severity of Mr. Fisher's injury.