Duane Morgan of Morgan Levine Dolan won $13,262,707.11 in a verdict against the MTA and other defendants earlier today. The injured construction worker had fallen from a crane while working on the 2nd Avenue Subway line. After over a three week trial, the jury came back holding the defendants responsible for failing to provide a safe work environment.
The injured worker had fallen from a crane which was missing a step and the owner of the crane, New York Crane, was found to have intentionally destroyed evidence. The jury believed the destroying of evidence proved the defendants knew, or should have known, about the dangerous condition.
The injured worker had sustained a concussion and a shoulder injury. Mr. Morgan was able to prove to the jury the defendants tried to hide the fact that the missing step caused the fall and that the union employee was injured. The defendants hired several expert doctors and numerous seasoned lawyers to try and convince the jury the veteran crane operator was faking his injuries. All of these lawyers and doctors for the defendants failed.
This jury award is one of the highest verdicts in New York State history for a plaintiff who had a concussion with no skull fracture. While the defendants plan to appeal, the Court has already advised the verdict will not be set aside due to the overwhelming evidence in favor of the jury’s findings of fact.