On March 5, 2013, Bubacarr Sinera, then 40 years old, was operating a forklift for a construction company at a building project on Webster Avenue in the Bronx when the concrete floor beneath him suddenly collapsed causing both him and the forklift to fall about 15 feet to the floor below.

Mr. Sinera claimed he sustained serious back injuries and he sued the building owner and others alleging liability under the Labor Law. The jury found the defendants liable and awarded plaintiff pain and suffering damages in the sum of $405,000 ($125,000 past – nine years, $280,000 future – 28 years).

On appeal, plaintiff argued that the pain and suffering award was inadequate; the defendants argued that there was no basis for finding them liable. In Sinera v. Bedford-Webster LLC (1st Dept. 2026) both the liability and the damages verdicts have been affirmed.

Here are the injury details:

  • taken to ER with complaints of a bad headache and bleeding from leg; treated and reelased
  • goes to ER the next day with complaints of back pain; treated and released with diagnosis of lumbar strain
  • physical therapy for 2-3 years
  • treated with several physicians and underwent MRIs with diagnoses of herniated discs at L3-5 with radiculopathy
  • underwent six lumbar epidural and facet injections
  • continuing pain requiring use of a cane to walk
  • never returned to work

The jury also awarded $598,200 for loss of earnings ($326,800 past – nine years, $271,400 future – six years) and $280,000 for future medical costs (28 years).

The defense argued that plaintiff was not hurt in the accident, he had no significant medical treatment until after he hired lawyers and “he decided not to go back to work because he wanted to take a shot” with the jury. Furthermore, they highlighted that plaintiff had not had any medical treatment at all in the six years preceding trial. Their medical expert opined that plaintiff did not need surgery.

Plaintiff’s medical experts testified that Mr. Sinera has permanent radiating back pain, has been recommended to undergo lumbar spine fusion surgery and he will never be able to return to his line of work. Plaintiff testified that he is afraid to submit to the surgery.

Inside Information:

  • In summations, plaintiff’s attorney asked the jury to award $3,500,000 for pain and suffering damages; defense counsel stated that plaintiff’s damages “should be maybe $1, something nominal. There’s no anything there.”