On July 20, 2012, Willan Aguilar was employed by a subcontractor as a laborer performing demolition work at a construction site in Brooklyn when he fell from a metal beam 15 feet onto the ground below. Mr. Aguilar, then 34 years old, sued the owner and general contractor under the Labor Law and was granted summary judgment as to liability. The case then proceeded to a trial on damages only.
The Kings County jury awarded plaintiff pain and suffering damages in the sum of $4,000,000 ($1,500,000 past – seven years, $2,500,000 future – 35 years). The trial judge agreed with the defendants that the awards were excessive and ordered a reduction to $1,800,000.
In Aguilar v. Graham Terrace, LLC (2d Dept. 2025), the appellate court reversed the trial judge’s order and the awards were reinstated.
Here are the main injury details:
- left femur fracture requiring open reduction internal fixation surgery (and a later surgery to remove one of the implanted screws)
- herniated disc at L4-5 requiring laminectomy
- torn meniscus in right knee requiring arthroscopic surgery
Plaintiff testified that he continues to have intractable pain requiring narcotic medication, is unable to return to work, walks with a limp and is severely limited as to many activities of daily living. His treating orthopedic surgeon testified that plaintiff’s right knee surgery was needed because of plaintiff’s compensating for the injuries to his left leg. His spinal surgeon and pain management physician testified as to the need for his back surgery and his future pain and medical needs, including the likelihood that he will need lumbar fusion surgery.
The defense experts testified that plaintiff made an excellent recovery from his femur fracture, he did not need ether the back or knee surgeries and he would need no further medical treatment for any of his injuries.
The jury also awarded, and the appellate court affirmed, damages for future medical expenses in the sum of $800,000 (35 years).
Inside Information:
- Plaintiff moved to the United States from Ecuador about a year before his accident. The trial judge granted plaintiff’s motion to preclude defendants from mentioning plaintiff’s immigration status (they claimed he is an illegal alien) in view of plaintiff’s withdrawal of his claim for future lost wages.