MEAD, HECHT, CONKLIN & GALLAGHER, LLP

COUNSELORS AT LAW925 WESTCHESTER AVENUE-SUITE 302

WHITE PLAINS, NEW YORK 10604

(914) 899-3100

Kevin Thomas Conklin Fax (914) 899-3101 Donald A. Mead

Eugene G. Gallagher *(1922-1996)

Sharon A. Mosca* -Sara Luca SM

Eliz beth . echt

George P. Epstein, H June 24, 2019 Daniel D. Cassidy

Marc J. Ackerman

Hon. Joan B. Lefkowitz, JSC

Supreme Court Westchester County*Also admitted in CT

Courtroom 1600

111 Dr. Martin Luther King Jr. Boulevard

White Plains, New York 10601

Re: Cullen v. Blythedale et al

Index No.: 53587/2016E

Dear Judge Lefkowitz:

This case had been scheduled for a settlement conference before Your Honor on March 26, 2019 and I

submitted a case summary to the Settlement Conference Part on or about March 11, 2019 with copies

ofplaintiffs'

seven bills of particulars and Exchange of Economic Expert Exchange aññéxed. That

conference was not convened due to pêñdiñg motion practice. Attached is an updated form (without

the attachments).

We wish to note that the form submitted on behalf of defendants Blythedale and Lend Lease incorrectly

states theplaintiffs'

settlement demand. A demand of $3,850,000 was communicated to counsel for

Parkview Plumbing & Heating on or about March 11, 2019.

We concur that a liability trial is required for purposes of apporticarñêñt among the defendants,third-

party defendant and second third-party defendant. As the Court may recall, plaintiffs were awarded

summary judgment against defendants pursuant to Labor Law 6240(1).

We thank the Court for its consideration.

Very truly yours,

EMH\ Elizabet M. Hecht

Settlement Conference Part

Hon. Joan B. Lefkowitz

Supreme Court, Westchester County

111 Dr. Martin Luther King, Jr. Blvd.

White Plains, New York 10601

SettlementConferenceWestchester@nycourts.gov

Conference Date: June 26, 2019

Case Name_and Index No.:

SUPREME CORT OF THE STATE OF NEW YORKCOUNTY OF WESTCHESTER

XMATTHEW CULLEN and CHRISTINE CULLEN,

Plaintiffs, Index No.: 53587/2016E-against-

BLYTHEDALE CHILDREN'S HOSPITAL and LENDLEASE (US) CONSTRUCTION LMB, INC. f/k/a

BOVIS LEND LEASE (US) CONSTRUCTION LMB.

INC. and BELWAY ELECTRICAL CONTRACTINGCORP.

Defendants.

XBLYTHEDALE CHILDREN'S HOSPITAL, and

LEND LEASE (US) CONSTRUCTION LMB, INC.

f/k/a BOVIS LEND LEASE (US) CONSTRUCTION

LMB, INC.,

Third-Party Plaintiffs,

-against-

PARKVIEW PLUMB1NG & HEATING, INC.,

Third-Party Defendant

XBLYTHEDALE CHILDREN'S HOSPITAL, and

LEND LEASE (US) CONSTRUCTION LMB, INC.

f/k/a BOVIS LEND LEASE (US) CONSTRUCTION

LMB, INC.,

Second Third-Party Plaintiffs,

-against-

BELWAY ELECTRICAL CONTRACTING CORP.,

Second Third-Party Defendant

X

Attorney's Name. Address. Fap

Elizabeth M. Hecht, Esq.

Attorney for Plaintiffs

Matthew and Christine Cullen

925 Westchester Ave. - Suite 302

White Plains, NY 10604

Telephone: 914-899-3100

Facsimile: 914-899-3101

1

Attorney's Contentions:

On January 28, 2016, plaintiff, Matthew Cullen sustained severe orthopedic injuries when the unsecured

ladder upon which he was working "kickedout"

as he attempted to ascend from the seventh to the eighth

step.

By decisions and orders of this Court dated February19, 2019, plaintiffs were awarded partial summaryjudgment on the issue of liability as against defendants Blythedale Children's Hospital and Lend Lease

pursuant to Labor Law 240 (1). Blythedale and Lend Lease were awarded contractual indemnity against

plaintiff's employer, Park View Plumbing. Defendant, second third-party defendant Belway's SJ motion

was denied. It was its ladder that plaintiff was using and they lost it after the accident.

Description of Iniuries:

Mr. Cullen suffered a fracture dislocation of the talonavicular joint of his right foot and a right distal

fibula fracture. Subsequently, due to the pain, instability and loss of motion in his right lower extremity,

he suffered a twisting injury and contusion of his right knee which required arthroscopic surgical

intervention to address traumatic tears of the medial and lateral menisci.

Post-traumatic arthritic changes are demonstrated on serial radiographic studies of the right lower

extremity (knee, foot and ankle).

Interventions and Surgeries:

1-28-16 Manual manipulation to address traumatic dislocation of the right talonavicular joint;

1-29-16 Closed fracture reduction with temporary placement of pins and K wires inserted into the

navicular bone;

10-5-16 Arthroscopic surgery to right knee to repair traumatic complex medial and lateral

meniscal tears caused by antalgic gait and instability of talonavicular and fibula

fractures

10-26-16 Talonavicular and calcaneocuboid joint arthrodesis and fusion of the talonavicular joint.

This extensive surgery was complicated by a non-union. Post-operative bone

stimulation failed; injections failed; the non-union of the fracture persisted and was

followed by painful hardware loosening and breakage (protracted period of non-weight

bearing and rehabilitation post-operatively)

March - April

2018 Administration of visco-supplementation injections into the right knee which

did not alleviate escalating pain and loss of mobility. Future knee replacement surgery is

probable.

April 5, 2018 Revision surgery of prior arthrodesis/fusion; removal of broken hardware; re-drilling of

navicular bone for insertion of new plate and screws (protracted period of non-weight

bearing and rehabilitation post-operatively)

Feb. 13, 2019 Removal of navicular joint hardware secondary to unremitting pain; debridement/repair

of torn peroneus brevis tendon

2

Losses:

Matt Cullen was a married, 51 year old, active father of two teenaged daughters at the time of his

accident. He was a licensed union plumber earning approximately $113,000 annually plus perquisites.

This accident has impacted all facets of his life: marital, familial, social and professional. Walking is

enormously painful and difficult.

Following the accident of January 28, 2016, he was entirely unable to work until approximately

July 15, 2016. He returned to work for two weeks, was unable to continue and went back on Worker's

Compasation. During this absence he underwent, the October 5, 2016 meniscal repairs and the

arthrodesis/fusion of his talonavicular joint of October 26, 2016. After a period of immobilization

followed by weeks of painful rehabilitation therapies he returned to work on March 29, 2017.

Mr. Cullen worked continuously but with limitations from March 29, 2017 until the revision

surgery of April 5, 2018 during which all hardware was removed and a new plate, four screws and a

compression screw were implanted into newly re-drilled holes. He never regained the ability to return to

work and was designated permanently disabled and eligible for Social Security disability benefits in July

2018. He has continuing pain and functional disability. Future knee replacement surgery almost certainly

lies ahead of him. Post-traumatic arthritic changes are prevalent in the effected areas of the right knee

and foot.

As confirmed by the defense orthopedist, there is markedly diminished mobility in the right foot

and ankle joints and disuse atrophy of the right calf.

In February 2019, his intolerable pain required removal of all hardware which had been intended

to remain in site permanently for added stability.

Plaintiffs'monetary losses are specified in the Fifth Supplemental Verified Bill of Particulars and

inplaintiffs'

Expert Economic Witness exchange which is also annexed hereto. Mr. Cullen has a work

life expectancy of approximately 14 years and a life expectancy of approximately 29 years according to

the actuarial tables. His monetary losses as calculated by Andrew Weintraub, Ph.D. in August 2018 are

as follows:

Past lost wages: $279,265

Future lost wages: $2,131,396 reduced to present value, $1,817,879

Currently, the Worker's Comp. lien is $135,004.

Settlement Demand: $3,850,000.

Respectfully submitted,

Elizabet M. Hecht, Esq.

Attachments:

Bill of particulars, seven supplemental bills of particulars and Expert Economic Witness exchange

3