Trial Magazine

George Petrosian, 72, was performing general repairs on an elevated parking system. While he was standing on a scissor lift, the lift’s work platform fell 25 feet, causing him to suffer a torn ligament in his left ankle and bilateral torn rotator cuffs. He underwent six surgeries and now suffers from complex regional pain syndrome and carpal tunnel syndrome. His medical expenses were $500,000. He is no longer able to work and has incurred $100,000 in lost income.

Petrosian and his wife sued the corporate property owners and one of the property owners individually, alleging failure to maintain the scissor lift. The plaintiff alleged that the lift had been stored outside and became rusty and worn. Suit also alleged failure to provide safe equipment in violation of N.Y. Labor Law §240(1) in that the lift was missing safety bars.

The court granted the plaintiffs’ motion for summary judgment on liability and the jury awarded $13.65 million, including $10 million in punitive damages.

Citation: Petrosian v. B&A Warehousing Inc., No. 15209/12 (N.Y. Sup. Ct. Kings Cnty. Jan. 31, 2019).

Plaintiff counsel: Gil Zohar, Brooklyn, N.Y.

Plaintiff experts: Mark Galperin, pain management, and Vladimir Shur, orthopedic surgery, both of Brooklyn; and Joseph Pessalano, vocational rehabilitation, Garden City, N.Y.

Defense experts: Beth Lee Greenbaum, life care planning, Potomac, Md.; Martin Wolpin, orthopedic surgery, Brooklyn; and Jessica Berkowitz, radiology, Suffern, N.Y.