TOP NEW YORK SETTLEMENTS
The Law Firm of Nonna Shikh, PC Featured in the New York Law Journal’s Top New York Settlements of 2016
February 3, 2017
A personal injury matter handled by Henry D. Nachtman from the Law Firm of Nonna Shikh, PC was the No. 1 product liability mediated settlement case in the New York Law Journal’s Top Settlements of New York 2016. The case in question involved a laundry room attendant who was severely injured by a door from an industrial dryer.
On October 18, 2012, plaintiff Cesar Jimenez, 47, was working at a laundering facility at the U.S. Military Academy in West Point. As he crouched down, a door from an industrial dryer came off and struck Mr. Jimenez in the head. He claimed that he sustained injuries on his head, back and neck. He sued Consolidated Laundry, where he worked; Edro Corp, which maintained the dryers; and Penn Enterprises Inc., which provided and serviced the dryer. He claimed that the dryer was defective in its manufacturing and that maintenance was negligent in upkeep and repairs, thereby causing the accident to occur.
The Firm’s expert engineer submitted a report which showed that the accident was a result of a weld joining the door and the dryer’s metallic base not being done correctly. He stated further that Consolidated Laundry had not properly trained or supervised employees who performed the weld, and that the company’s manual did not properly explain the welding process. Mr. Nachtman also argued that Edro performed a modification that overburdened the weld, causing the door to fall off.
The parties negotiated a partial settlement. Mr. Jimenez sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. Consolidated Laundry assumed 75 percent of the liability, while Edro assumed 25 percent. The total settlement was $2.3 million.