A Burlington County jury’s $6.9 million award to a worker electrocuted on a warehouse roof was the largest workplace injury recovery of 2013. The case was tried by plaintiff lawyer Alfred Falcione, of Flynn & Associates in Cherry Hill.
According to the suit, the incident occurred at a Mount Laurel warehouse on June 26, 2007. Plaintiff Charles Shea backed into a live wire leading to a spot on the roof where a condensing unit had been removed. The shock threw him about 20 feet, causing disc injuries. Now 41, Shea has undergone a disc fusion and insertion of a stimulator but still has pain and is unlikely to be able to return to work, Falcione said.
Shea sued the warehouse owner, American Honda Motor Co.; Trane Air Inc., which was hired to perform building maintenance; and Falasca Mechanical Inc., which serviced the condensing unit 10 years earlier.
The jury found American Honda and Trane each 50 percent liable but no-caused Falasca and Shea’s employer, Jottan Roofing Co. of Florence, which American Honda had brought in as a third-party defendant based on an alleged indemnification agreement.
The jury on Feb. 6, 2013, awarded $2.8 million for past and lost earnings, $2 million for pain and suffering, $2 million for future medical expenses and $110,365 for past medical expenses. The award was offset by a $131,000 workers’ compensation lien.
Superior Court Judge Patricia Richmond presided at trial.
American Honda and Trane were represented by Christopher Carton of K&L Gates in Newark, and Falasca by Robert Cerino of the law office of J. Mark Pecci II in Philadelphia.
CNA Ins. Co., which provided coverage for Jottan, retained James Kane of Carroll, McNulty & Kull in Basking Ridge.
About the Attorney
Alfred Falcione, a graduate of Temple University and Widener University Law School, has practiced in New Jersey since 1996. He focuses his practice on personal injury cases and also handles commercial and civil rights litigation as well as criminal defense.
Also of Note
In another significant recovery last year, Falcione won a $950,000 award from a Camden County jury on behalf of a driver injured when his car hit a telephone pole due to another driver’s negligence.
According to the suit, Duane Edmondson, then 37, was in the right lane on White Horse Pike in Somerdale on Jan. 9, 2009, when another car attempting to change lanes forced his car into the pole.
Edmondson claimed he suffered back injuries, experienced radiant pain in his right leg and was unable to work because of limited strength and mobility. The other driver, Lilia Hernandez, stipulated liability but denied causing the injuries, contending Edmondson’s condition was degenerative.
At the trial on March 20, 2013, before Superior Court Judge John Kelley, the jury found 6-to-1 that Edmondson’s injuries were permanent and attributable to the accident. The panel unanimously awarded $750,000 for pain and suffering and $200,000 on Edmondson’s wife’s per quod claim.
Hernandez was represented by Patrick Reilly of Doreen Ryan’s firm in Moorestown. •