On March 27, 2015, Earl Lind was working for an electrical subcontractor at the World Trade Center vehicle security center new construction site. Mr. Lind, then 45 years old, was in the bucket of an articulating lift when he was injured after it slid down a ramp and crashed.

WTC Vehicle Center

In his ensuing lawsuit against the construction manager and premises owner, Lind was granted summary judgment as to liability under Labor Law Section 240(1) and the matter then proceeded to a trial on damages only. The Manhattan jury awarded plaintiff damages as follows:

  • Pain and Suffering – $460,000 (past only – seven years),
  • Lost Earnings – $230,000 (past only – seven years), and
  • Loss of Services – $0

Plaintiff appealed claiming that the damages awards were inadequate.

In Lind v. Tishman Construction Corp. (1st Dept. 2024), the appellate court affirmed the judgment entered as to damages for pain and suffering and lost earnings while increasing the loss of services award from zero to $40,000.

The central damages issue in this case was whether plaintiff sustained new and disabling injuries to his hips that he claimed required three surgeries, left him permanently disabled and out of work and caused his wife to become his caretaker.

Plaintiff conceded he had preexisting avascular necrosis (also known as osteonecrosis – the death of bone tissue due to lack of blood supply) in both hips but argued that he was still able to work hard at his job for decades without any complaints related to his hips.

The defense argued that plaintiff’s preexisting condition was the sole reason he required the three surgeries and that the accident was not the cause of his inability to return to work or his wife’s difficulties.

Inside Information:

  • Plaintiff underwent right hip labral tear surgery six months after his accident, right hip replacement surgery in 2016 and left hip replacement surgery in 2019.
  • Plaintiff did not ask for an award of future medical expenses.
  • In his summation, plaintiff’s attorney asked the jury to award $7,500,000 for pain and suffering damages, $4,200,000 for lost earnings and $3,300,000 for loss of services.