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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
| Workplace |
| Electronics technician claimed he was injured on tower
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| Verdict: (P) $475,000.00 Attorney fees: $70,000 Litigation expenses: $35,000 |
| Case Type: Workers' Compensation - Workers' Comp Non-Subscriber, Negligence, Negligence - Negligent Training |
| Case: Michael Misitigh v. Advanced Design Systems, Inc., No. 01CV0550 |
| Venue: Galveston County District Court, 10th, TX |
| Judge: David Garner |
| Date: 08-28-2003 |
| PLAINTIFF(S) |
Attorney:
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| DEFENDANT(S) |
Attorney:
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Expert:
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| Facts: Plaintiff Michael Misitigh, 25, an electronics technician, claimed that on Nov. 10, 2000, he was in Galveston working with one of his supervisors atop a 180-ft. high Coast Guard tower installing and replacing radar equipment. He alleged that while they were lowering a 100-lb., 18-foot-long piece of equipment over a railing, he twisted, felt a sharp pain and injured his lumbar spine. Misitigh sued his employer, Advanced Design Systems Inc., Longwood, Fla. corporation, for negligence, alleging that it had failed to train him in proper lifting techniques and to provide him with the proper equipment required to do his job safely. The defendant denied Misitigh's allegations of negligence and contended that Misitigh was not on the VTS Coast Guard tower on Nov. 10, 2000, nor was he engaged in the course and scope of his employment.
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Injury: Misitigh incurred approximately $52,000 in medical specials. He was diagnosed with a herniated disc at L5-S1, and with a disc bulge at L4-5. He underwent a hemilaminectomy at the L5-S1 in January 2001. Misitigh was unable to work from January to August 2001 and then obtained a sales position. In April 2003, Misitigh began experiencing increased back pain and his treating neurosurgeon has recently recommended he undergo a hemilaminectomy at L4-5. The defendant noted that after the alleged incident, Misitigh worked for one week and did not seek medical treatment for 10 days. Misitigh's medical records from the initial treating facility did not contain any references to a prior work-related injury. Misitigh's treating neurosurgeon testified that his patient did not know whether his injury was work-related. The defendant alleged that Misitigh suffered from a preexisting lower back condition. Misitigh had a prior history of a slip and fall onto a concrete floor which required medical treatment; a high-impact motor vehicle accident which required medical treatment. Five months prior to this alleged incident, Misitigh complained to his treating neurosurgeon of lower back pain with pain shooting down his legs. The defendant also alleged that Misitigh suffered a subsequent back injury. Medical records showed that his onset of lower back pain began when he was engaged in lifting activities at a volunteer EMT class eight days after this alleged incident. Counsel for the defense reported that both of the plaintiff's experts testified over Daubert objections.
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Verdict Information The jury determined that Advanced Design Systems was negligent, and awarded Misitigh compensation.
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Michael Misitigh $52,000 Personal Injury: Past Medical Cost $85,000 Personal Injury: Future Medical Cost $2,000 Personal Injury: Past Physical Impairment $140,000 Personal Injury: Future Physical Impairment $41,000 Personal Injury: Past Lost Earnings Capability $15,000 Personal Injury: Past Pain And Suffering $140,000 Personal Injury: Future Pain And Suffering |
Editor's Comments Advance Design Systems Inc. paid for, and believed it had, workers' compensation coverage at the time of this incident. It is currently involved in litigation in Florida against the policy providers.
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Awarded: $475,000 settlement; $70,000 attorney fee; $35,000 expenses
