Trial Magazine

Deno Pestic was working as a painter at a renovation site when a six-foot window that was stored upright at the site fell over, striking him. He suffered numerous injuries, including herniated disks at C5-6, C6-7, L4-5, and L5-S1. He underwent physical therapy and also required arthroscopic surgery on his left ankle and leg. Pestic, 49, still suffers from residual pain and has difficulty with daily living activities. He has not returned to work. His medical expenses were approximately $295,000.

He sued general contractor Stern Projects, LLC; premises owner 825 Fifth Ave Corp.; subcontractor Key Wood Installers Inc.; and Zeluck Inc., which delivered the window, alleging failure to properly secure the window and safely store it before its installation. The plaintiff did not claim past lost income.

The defense argued that the window had been secured with a plywood cleat, which ensured it was level and stable.The parties settled for $4.3 million.

Citation: Pestic v. Stern Projects, LLC, No. 18828/12 (N.Y. Sup. Ct. Kings Cnty. Dec. 18, 2018).

Plaintiff counsel: AAJ member Judd F. Kleeger, New York City.

Plaintiff expert: Steven Touliopoulos, orthopedic surgery, Astoria, N.Y.

Defense experts: Marc Katzman, radiology, Lindenhurst, N.Y.; and Roger Bonomo, neurology, and Jeffrey Spivak, orthopedic surgery, both of New York City.