Trial Magazine

Laborer Jaroslaw Norko, 53, was painting the interior walls of a multi-level renovation site. After painting one of the site’s upper levels, he used a metal ladder bolted to a wall to go to a lower floor. While carrying a bucket of paint, he slipped, falling approximately nine feet to the floor below.

Norko suffered injuries to his back, knee, and shoulder, necessitating a cervical spinal fusion at C4-7 and two arthroscopic surgeries on his left knee and shoulder, in addition to two years of physical therapy. He had earned approximately $80,000 annually but has not returned to work due to his mobility issues and pain.

Norko sued the property owner, alleging failure to provide a safe method of egress from the upper floor. He asserted that the only way to reach the lower floor was by using the bolted ladder, which had a glossy finish.

The defense asserted that extension ladders were available, but Norko failed to use one.

The parties settled for $3.1 million.

Citation: Norko v. 1211 6th Ave. Prop. Owner, LLC, No. 713938/16 (N.Y. Sup. Ct. Queens Cty. Nov. 7, 2019).

Plaintiff counsel: Brandon Cotter and Slawek W. Platta, both of New York City.

Plaintiff experts: Dan Wolstein, life care planning, Hackensack, N.J.; Paul Brisson, neurosurgery, New York City; and Kenneth Betz, economics, Livingston, N.J.

Defense experts: Saran Rosner, neurosurgery, Hawthorne, N.Y.; and Ramesh Gidumal, orthopedic surgery, New York City.