By Dave Hutchinson | NJ Advance Media for NJ.com
August 27, 2015
BERGEN COUNTY, NJ
A laborer who had his leg amputated after he fell three stories while applying stucco to a building's exterior was awarded a $2.8 million settlement, according to a report in the New Jersey Law Journal.
On July 26, 2011, Han Su Chin, 48, was working at a construction site on Lemoine Avenue in Fort Lee when he fell into an alley, the law journal reported. He now has a prosthesis and needs a cane to walk after he suffered extensive fractures to his right leg and ankle that required two separate amputations, the law journal reported.
"I was somewhat disappointed," Kevin C. Decie, an attorney from Davis, Saperstein and Salomon who represented Chin, told NJ Advance Media. "The award wasn't an insult by any stretch of the imagination. It's not crazy low but it's lower than I expected. It hurts me to say it because I tried the case.
"I was hoping for around $4 to $5 million, considering the extent of my client's injuries. It'll be difficult for him to work again. This has been his trade. There's not a whole lot he can do. He's going to need ongoing treatment for the rest of his life."
According to the law journal, Chin sued building owner Koryo Corp. and general contractor Dong Y. Jo, (also known as Dong Seo Interior Inc.). Also named in the lawsuit was Tae W. Han as principal of EZ Han Construction Corp., who had hired him at the behest of Koryo Corp., the law journal reported.
Chin, who was born in Korea and speaks limited English, alleged he was not provided a safe workplace and equipment to perform his duties, but he also acknowledged that he helped make the bosun chair, a chair made of wood and rope, from which he fell, Decie told NJ Advance Media.
That Chin helped make the chair damaged his case, Decie said. The jury placed 30 percent of the blame for the accident on him, Decie said.
"I thought that was fair," Decie said.
Chin's case was also weakened, Decie said, when the defense pointed out he took a friend to a car dealership, helped him purchase a new car and received a finder's fee. The defense argued that showed Chin could work, perhaps as a car salesman, Decie said. Daniel M. Santarsiero, an injury lawyer from The Law Offices of Jonathan Marshall firm in Red Bank, told NJ Advance Media the jury award may have been lower than expected because jurors aren't given directions about how to arrive at a settlement amount in injury lawsuits.
"Jurors in New Jersey aren't provided with a mile marker or guide post," Santarsiero said. "They're just told to evaluate the case and come to a verdict that fairly compensates the injured party or parties. Lawyers or judges can't suggest a particular amount of money as a fair verdict."
Decie said Chin has been "surprisingly resilient" since the fall.
"The guy fell 30 feet on cement and that doesn't usually end well," Santarsiero said. "He's lucky to be alive."
August 27, 2015
BERGEN COUNTY, NJ
A laborer who had his leg amputated after he fell three stories while applying stucco to a building's exterior was awarded a $2.8 million settlement, according to a report in the New Jersey Law Journal.
On July 26, 2011, Han Su Chin, 48, was working at a construction site on Lemoine Avenue in Fort Lee when he fell into an alley, the law journal reported. He now has a prosthesis and needs a cane to walk after he suffered extensive fractures to his right leg and ankle that required two separate amputations, the law journal reported.
"I was somewhat disappointed," Kevin C. Decie, an attorney from Davis, Saperstein and Salomon who represented Chin, told NJ Advance Media. "The award wasn't an insult by any stretch of the imagination. It's not crazy low but it's lower than I expected. It hurts me to say it because I tried the case.
"I was hoping for around $4 to $5 million, considering the extent of my client's injuries. It'll be difficult for him to work again. This has been his trade. There's not a whole lot he can do. He's going to need ongoing treatment for the rest of his life."
According to the law journal, Chin sued building owner Koryo Corp. and general contractor Dong Y. Jo, (also known as Dong Seo Interior Inc.). Also named in the lawsuit was Tae W. Han as principal of EZ Han Construction Corp., who had hired him at the behest of Koryo Corp., the law journal reported.
Chin, who was born in Korea and speaks limited English, alleged he was not provided a safe workplace and equipment to perform his duties, but he also acknowledged that he helped make the bosun chair, a chair made of wood and rope, from which he fell, Decie told NJ Advance Media.
That Chin helped make the chair damaged his case, Decie said. The jury placed 30 percent of the blame for the accident on him, Decie said.
"I thought that was fair," Decie said.
Chin's case was also weakened, Decie said, when the defense pointed out he took a friend to a car dealership, helped him purchase a new car and received a finder's fee. The defense argued that showed Chin could work, perhaps as a car salesman, Decie said. Daniel M. Santarsiero, an injury lawyer from The Law Offices of Jonathan Marshall firm in Red Bank, told NJ Advance Media the jury award may have been lower than expected because jurors aren't given directions about how to arrive at a settlement amount in injury lawsuits.
"Jurors in New Jersey aren't provided with a mile marker or guide post," Santarsiero said. "They're just told to evaluate the case and come to a verdict that fairly compensates the injured party or parties. Lawyers or judges can't suggest a particular amount of money as a fair verdict."
Decie said Chin has been "surprisingly resilient" since the fall.
"The guy fell 30 feet on cement and that doesn't usually end well," Santarsiero said. "He's lucky to be alive."