by Long Island Attorney Paul A. Lauto, Esq.
A 41 year old sanitation worker was loading his garbage truck, when he was struck by a delivery truck in Queens, NY. The right side of the delivery truck pinned the sanitation worker against the garbage truck, tearing open the man's upper torso. After 45 minutes of alleged excruciating pain and suffering, the sanitation worker was pronounced dead at Mount Sinai Hospital. The sanitation worker was survived by his wife, 3 year old child and 1 year old child.
The man's estate sued for loss of earnings, loss of services, pain and suffering, and the childrens' loss of parental guidance. Defendants argued that the deceased should have seen the delivery truck and taken action to avoid it. Defendants further contested the extent of the economic loss claimed and maintained that death was nearly instantaneous resulting in little or no pain and suffering. After mediation, the parties reached a pre-trial settlement in the total amount of $9 million dollars.