Recent Verdicts & Settlements

Some of our recent and more substantial verdicts & settlements.

MOTOR VEHICLE – PEDESTRIAN KNOCKDOWN
FRANCISCO FERRAZ and MARIA BANEGAS v. NICHOLAS COMPOREALE

On 11/20/08 a jury in the Supreme Court, Westchester County awarded $770,000 to a 49-year-old construction worker who was struck by a motor vehicle in a left only turning lane while attempting to go straight and in order to cut off the vehicle to his right. Despite the responding Police Officer quoting Plaintiff's admission at the accident scene that Plaintiff crossed against the red traffic light and did not see Defendant’s car, the physical evidence established otherwise, namely, that the defendant lurched forward in an effort to cut off the vehicle to his right. Plaintiffs' application for a Unified Trial in this 2nd Department case was granted based upon the Court finding that the proof to be offered regarding the cause of the injury was so intertwined with liability as to warrant a full trial of all issues. Plaintiff's orthopedic-surgeon testified that the injury could only be caused by direct blunt trauma to the left lower leg consistent with contact with a bumper and not by simply falling to the ground. Plaintiff sustained a Grade III open fracture, which necessitated surgery. He made an excellent recovery after missing eight months of work.

 

MOTOR VEHICLE – BICYCLE RIDER MAKING DELIVERY SIDESWIPED
RODOLFO CASTRO PERALTA v. JOHN TARA, INC. & JOSE J. GOMEZ

On 10/10/08 $310,000 settlement of a 28-year-old delivery person riding in a designated bike lane in Manhattan struck by a passing van with a wide load. Defendants claimed that other vehicular traffic impeded Plaintiff’s path in the bicycle lane and that rather than stopping, he simply veered to his right thinking the van driver would do likewise. As a result Defendants claim that Plaintiff caused the contact between the two vehicles. As a result Plaintiff sustained compound transverse fractures of his left tibia and fibula necessitating surgery.

 

NEGLIGENT LOADING –FAILURE TO SECURE PLYWOOD IN TRANSPORT
JACINTO LOJA a/k/a SEGUNDO JACINTO LOJA & MARIA MAYANCELA v. ROBERT GANS, METROPOLITAN LUMBER HARDWARE y BUILDING SUPPLIES, INC.

On 8/8/08 before National Arbitration and Mediation’s Mediator Michael McAllister a $725,000 settlement was reached for a 33-year-old carpenter who sustained a closed brain injury, fractured scapula necessitating arthroscopic surgery, and derangement of the cervical and lumbosacral spine. In the transporting of plywood at Defendant’s lumber site, its employee operating a forklift failed to secure the load of 15 pieces of plywood, which fell from the elevated fork striking Plaintiff. Defendant claimed Plaintiff positioned himself in the way of danger and failed to heed warnings. Defendant contested the head injury as all objective testing was normal.

 

PREMISES LIABILITY – TRIP AND FALL
GEORGE ROTHAUS & SHARYN ROTHAUS v. CONSOLIDATED EDISON OF NEW YORK

On 6/19/08 $275,000 settlement of a 60 year old self-employed salesman who tripped over a raised metal sidewalk grating causing a fractured left humeral head necessitating surgery. Eyewitnesses identified the defect as existing for several years with prior falls having been witnessed. Defendant contended that Plaintiff slipped as he admittedly fell backwards and failed to look where he was going on this inclement weather day.

 

PREMISES – TRIP AND FALL ON OPTICAL ILLUSION
BARBARA SHANNON v. REDCO HOMES, INC., LONG BEACH MEDICAL CENTER, and SOUTH ISLAND ORTHOPEDIC GROUP, P.C.,

On 10/19/07 a $200,000 settlement was reached in a trip and fall case pending in the Supreme Court, Nassau County. Plaintiff, a 75 year old attempting a shortcut to enter Defendant’s Long Beach medical practice tripped and fell over a poorly designed entry where no handrail existed and an optical illusion gave the appearance of one level surface. As a result she sustained a fractured hip necessitating surgery.

 

PREMISES – TRIP AND FALL ON DEFECTIVE SIDEWALK
MARGARET MISHAAN v. CITY OF NEW YORK

On 7/17/07 a $175,000 Settlement was reached in the Supreme Court, Kings County before the Honorable Allen Hurkin-Torres for a 78-year-old pedestrian who tripped and fell on a cracked and uneven sidewalk. Plaintiff had sustained an intertrochanteric fracture of the right hip, which necessitated surgery. Prior thereto, Plaintiff was successful on appeal overturning a prior decision wherein Justice Solomon had dismissed the case on the basis that the defect was trivial and thus not actionable.

 

CONSTRUCTION ACCIDENT–LABOR LAW – FALL FROM A SCAFFOLD
LUIS GUAMAN. NEW SPROUT PRESBYTERIAN CHURCH OF NEW YORK and LEE SOCK JOO d/b/a GOODMAN TECH SYSTEMS,

On 4/5/07 and after jury selection in the Supreme Court, Queens County the parties agreed to a $350,000 settlement for a 38-year-old laborer who fell from a ladder, placed on top of a scaffold, which collapsed. As a result Plaintiff sustained a comminuted fracture of the left femur necessitating surgery.

 

CONSTRUCTION ACCIDENT–LABOR LAW – FALL THROUGH A SKYLIGHT
KEVIN HAZELL v. TRUMP VILLAGE CONSTRUCTION CORP. and third-party action v.ISSEKS BROS., INC.

On 2/26/07 a $500,000 pre-trial settlement was reached after Plaintiff obtained partial summary judgment on liability under Labor Law §240(1), where Plaintiff, a 59-year-old laborer, while helping to dismantle a rooftop water tower was struck and knocked down by one of its falling metal bands. He sustained a partial tear of right rotator cuff necessitating surgery, multiple cervical herniated discs, and a concussion with post-concussion syndrome and memory disturbances.

 

NEGLIGENT INSPECTION – GUNSHOT WOUND OF POLICE OFFICER
ARNOLD BARBOSA v. CITY OF NEW YORK

On 12/21/06 a settlement was reached in the sum of $250,000 in the Supreme Court, Bronx County for a 38-year-old NYPD officer shot with his own pistol while the police department’s expert instructor was inspecting it during the required annual inspection. Plaintiff sustained a superficial leg wound, which required an emergency room visit and one follow up visit. He claimed psychological overlay from the event.

 

SEXUAL ABUSE – VIOLATION OF CIVIL RIGHTS
VICTORIA SORRISIO v. CITY UNIVERSITY OF NEW YORK, KINGSBOROUGH COMMUNITY COLLEGE, PETER A. LANZETTA and CITY OF NEW YORK

On 5/12/06 during Federal Court mediation a settlement agreement of $400,000 was reached. Plaintiff, a 22-year-old student at Kingsborough Community College while on a field trip in Dallas, Texas to present biology projects claimed to have been sexual touched in an inappropriate manner by the College’s professor, Peter Lanzetta. Publicity in the local media yielded other professors coming forward complaining of similar past acts, which the college alleged covered up. Plaintiff, uninjured physically, claimed psychological overlay with fears and anxiety caused by the event.

 

CONSTRUCTION ACCIDENT – LABOR LAW
TREVOR ELLIOT v. JACK PERLMAN and DAMO CONSTRUCTION CO., INC.

On 4/28/06 an $800,000 pre-trial settlement was reached after Plaintiff obtained partial summary judgment on liability under Labor Law §240(1), where Plaintiff, a 63-year-old laborer, while helping ironworkers secure a heavy I-beam on the roof of a residential three apartment building in Manhattan, stepped backwards and onto an unprotected skylight causing him to fall to the next level. He sustained a partial tear of the left rotator cuff; subacromial synovitis and bursitis necessitating that he under synovectomy, bursectomy, and acromioplasty, excision of CA ligament and shaving of the cuff during arthroscopic surgery; Internal and external jugular vein lacerations requiring surgical repair; Left wrist triangular fibro-cartilage tear; Cervical radiculopathy, Right elbow laceration; and extensive scarring and permanent cosmetic deformities of the neck, left shoulder, and left elbow.

 

CONSTRUCTION ACCIDENT – LABOR LAW – PARAPLEGIA
CARLOS AREVALO v. T&F DEVELOPMENT, INC., RUGGIERO REAL ESTATE, INC., ANTHONY RUGGIERO A/K/A TONY RUGGIERO, AMATO RUGGIERO, MICHAEL SOLAZZO, JR., and PAMELA SOLAZZO, THE BARDEN & ROBESON CORPORATION and MILO CORPORATION

On 1/11/06 a settlement was reached for Plaintiff, a 39-year-old laborer, in this Supreme Court, Putnam County for $1,150,000. Plaintiff fell from the roof of the premises under construction causing paraplegia. The primary issues, highly contested by Defendants, was whether the premises being constructed was anything more than a two-family dwelling and whether the owner participated to the extent that the Labor Law would apply.

 

MOTOR VEHICLE – MULTIPLE VEHICLE COLLISION
WILLIAM GOODWIN v. NEW ELJAM PRODUCTS, INC. and ROBERT B. HAND

On 12/20/05, $500,000 settlement for 60-year-old truck driver who sustain a partial tear in of the left rotator cuff and complete tear of the supraspinatus tendon with grade 2 tendon retraction in motor vehicle collision.

 

MOTOR VEHICLE – PEDESTRIAN – WRONGFUL DEATH
VIRGINIA SCHROTH, AS Administratrix of the Estate of NORBERT MICHAEL SCHROTH V. SIDNEY FRANK IMPORTING COMPANY, INC. and HORST KUEHL

On 7/29/04, $6,500,000 settlement following mediation for the estate of a 44-year-old unemployed computer salesman, husband and father of three boys, ages 8, 11, and 16, arising from a pedestrian hit by vehicle. Decedent survived eleven days.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALLING OBJECT
ASHOK KUMAR v. STAHLUNT Associates, LLC

On 5/14/04, $800,000 at private mediation for 27-year-old undocumented immigrant laborer struck by a falling bucket being hoisted at a construction site performing the renovation of the exterior façade of a Broadway theatre. {laintiff sustained multiple facial fractures and a traumatic brain injury with anxiety and depression.

 

NEGLIGENT DESIGN AND MAINTENANCE – TENDON RUPTURE
TOMAS ZETEK v. GENERAL MOTORS AND AVIS RENT–A-CAR

On March 4, 2004, $130,000 settlement in this Federal Court products liability case for a 46-year-old computer architectural designer, who sustained a partial tendon rupture of his middle digit of his right hand from a spring steel clip with flared ends and sharp corners attached to the vehicle’s seat track.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM SCAFFOLD
DOUGLAS BOLES v. THE DORMER GIANT, INC., d/b/a DORMERS ARE US

On 3/30/04, $300,000 settlement (full policy) for a crush injury of plaintiff’s right foot including fractures of the 3rd and 4th metatarsal bones and cuboid, medial dislocation of the tarsal bones, and ankle dislocation of 41-year-old laborer when the scaffold upon which he had constructed with a co-worker and was working collapsed. Prior to settlement, partial Summary Judgment on liability under Labor Law §240(1), granted on motion had been affirmed on appeal.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM A SCAFFOLD
JORGE ARROYO v. UNITED ENTERPRISES, LTD., PAN EQUITIES, INC. and TRI-STAR CONSTRUCTION, INC.

On 11/17/2003 during trial, settlement of $850,000 plus waiver of entire $120,000 workers’ compensation lien for this 34-year-old union taper who fell from a scaffold sustaining a comminuted fracture of his non-dominated humerus, requiring open reduction internal fixation and herniated disc of L4-5 with thecal-sac compression requiring a laminectomy. Back injury was undiagnosed until after a subsequent accident, which defendants claimed was unrelated.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM BUILDING
ANIBAL CRUZ v. H.P. SHERMAN CO., INC., WASTE MANAGEMENT CORP., WASTE MANAGEMENT OF NEW YORK CITY, L.P., WASTE MANAGEMENT OF NEW YORK L.L.C. AND THE BARANELLO ORGANIZATION, INC.

On 6/19/2003, $1,400,000 settlement with waiver of $25,000 worker’s compensation lien after selection of a jury on a damages only trial for a 28-year-old undocumented immigrant construction worker who fell from a building sustaining a fractured hip necessitating open reduction internal fixation with the insertion of an intramedullary rod. Plaintiff refused to have the rod removed despite approval from the workers’ compensation carrier. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

 

PREMISES LIABILITY - NEGLIGENT DESIGN – FALLING CABINET
PABLO OVIEDO v. THE CITY OF NEW YORK and BOARD OF EDUCATION OF THE CITY OF NEW YORK and NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

On 6/3/2003, $399,000 settlement for a 33-year-old construction worker who fell from a Ladder thereby sustaining central L5-S1 disc herniation with mild thecal sac indentation, herniated cervical disc with cervical myofascitis and radiculopathy.

 

MOTOR VEHICLE – QUESTION OF FAULTY BRAKES
JUSTINO JIMENEZ ROMERO v. UNITED PARCEL SERVICE and KENNETH POST

On 5/6/2003, $1,000,000 settlement and reduction of $67,086 lien to $11,273 for 37-year-old undocumented immigrant struck by a UPS truck claiming sudden brake failure, causing him to sustain a fractured femur with open reduction internal fixation with further surgery to remove one screw.

 

MEDICAL MALPRACTICE – BRAIN DAMAGED BABY
KARRIBE HEBBERT v. BEDFORD STUYVESANT FAMILY HEALTH CENTER, INC., CATHOLIC MEDICAL CENTER OF BROOKLYN AND QUEENS, INC., ST. MARY’S HOSPITAL OF BROOKLYN, and GUADALUPE DIZON, M.D.

On 4/11/03, $1,250,000 settlement in the form of a structured settlement during jury selection for 12-year-old mildly retarded girl in medical malpractice lawsuit where mother’s pregnancy was post-mature due to failure to perform timely sonogram resulting in hypoxia during delivery. Defense claimed child had genetic defects, which caused her retardation, including café au lait spots on her back indicative of neurofibromatosis and severely deformed digits on both hands.

 

PREMISES LIABILITY – INADEQUATE LIGHTING
QUADRIPLEGIA DONELIA MARTINEZ v. RAUL Q. SUAREZ and WHITE OAK CONDOMINUM AT ELMHURST

On 3/30/03, $600,000 settlement for a 52-year-old hairdresser who fell down a flight of stairs in her apartment building resulting in quadriplegia. She claimed the lighting was inadequate, despite there being an overhead skylight and the accident having occurred during daylight hours. Investigation and expert proof revealed that the stairways handrail was approximately ¾" lower than code, thus compelling plaintiff to lean in order to attempt to make contact with the banister. She died just before a settlement was reached.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM ROOF
ERASMO PEREZ v. JEFFERSON PROPERTIES, INC., J.P.I. DEVELOPMENT, INC., J.P.I. CONSTRUCTION, INC., J.P.I. APARTMENT CONSTRUCTION, L.P. and PHOENIX FRAMING, INC.

On 3/5/2003, $850,000 settlement for 47-year-old illegal immigrant who fell from the roof of a two story building under construction sustaining a fracture and dislocation of the right humerus requiring open reduction internal fixation, fractures of the 11th and 12th posterior ribs; fractures of the L-1 through L-3 transverse process. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

 

MEDICAL MALPRACTICE – NEGLIGENCE DURING OPERATION
SONIA PLATT v. MONTEFIORE MEDICAL CENTER, THE UNIVERSITY HOSPITAL FOR THE ALBERT EINSTEIN COLLEGE OF MEDICINE OF YESHIVA UNIVERSITY and DR. RAUL DE LOS REYES

On 10/23/02, $500,000 settlement for wrongful death of 47- year-old elementary school teacher in a medical malpractice lawsuit who died during an operation to remove an aneurysm from his brain.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM LADDER
JORGE PEREZ v. WXII/GDM ASTOR, LLC and FLINT-LOCK MANAGEMENT, INC. v. MODERN MECHANICAL CORP.

On 10/16/2002, $437,500 settlement plus reduction of workers’ compensation lien from $118,000 to $59,000 for a 55-year-old sheet metal mechanic and AC installer who fell from a ladder while installing ceiling duct work sustaining a fracture of L2 vertebra with displacement of fragment not requiring surgery. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

 

PREMISES LIABILITY - NEGLIGENT DESIGN – FALLING CABINET
TERESA GORMAN v. RACANELLI CONSTRUCTION COMPANY, INC., DANPAR INDUSTRIES, INC. and EDGEWOOD INTERIOR SYSTEMS, INC.

On 5/17/02, $790,000 settlement during mediation at National Arbitration and Mediation for 30-year-old X-ray technician who was struck by a falling wall-hung cabinet in a mammography unit of a hospital where the cabinet had been improperly installed and where a similar incident (prior notice) had occurred in the adjoining treatment room to her supervisor, Suzanne Boles (who this office also successfully represented). Injuries sustained include reflex sympathetic dystrophy, chronic pain syndrome; fibromyalgia, herniated cervical disc at C4-5 with impingement; and post-traumatic stress disorder.

 

PREMISES LIABILITY - NEGLIGENT DESIGN – FALLING CABINET
SUZANNE BOLES v. RACANELLI CONSTRUCTION COMPANY, INC., DANPAR INDUSTRIES, INC. and EDGEWOOD INTERIOR SYSTEMS, INC.

On 7/3/01, $950,000 settlement at jury selection for 37-year-old supervising mammographer who was struck by a falling wall-hung cabinet in a Mammography unit of a hospital where the cabinet had been improperly installed as per the architect’s specifications resulting in sacro-iliac instability which required a sacroiliac nerve block and ultimately a posterior Sacro-Iliac Joint fusion, Pelvic fractures (the inferior public area and interior aspect of the acetabulum) and fractures of the right hip, lumbosacral disc herniation at L4-5 with nerve root involvement. Aggravation of a congenital clubfoot making her spinal stimulator ineffective for therapy thus necessitating a regimen of pain killing injections as a substitute on a daily basis for life. Adjustment Disorder with Mixed Anxiety and Depressed Mood (309.28)

 

PREMISES LIABILITY – FALL ON LOADING DOCK
MARVA THOMPSON v. THE CITY OF NEW YORK, AROL DEVELOPMENT CORPORATION and SIEGMUND STRAUSS, INC.

On 12/12/00, $300,000 settlement 52-year-old female who tripped and fell and loading dock due to an alleged height differential from one step to another causing fracture of the right triquetrum.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM ROOF
JORGE AGUIRRE v. CASTLE AMERICAN CONSTRUCTION CO., LLC and G. MILLER CONTRACTING, LLC

On 5/31/00, structured settlement with a present value of $2,500,000 resulting in total future payout of $5,000,000 ($1,496,022 upfront with remainder paid monthly increasing with period increments and lump sums every 5 years from 2005 until 2025) and waiver of approximate $250,000 workers’ compensation lien for 46-year-old undocumented immigrant laborer who fell from a roof under construction and sustained a linear skull fracture, fractured nasal bones, multiple fractures of the maxillary and frontal sinuses, bilateral fractured orbits, dislocation of the right radial head; transverse fracture of the right proximal ulna, Grade II comminuted fracture of the right elbow; fracture right distal radius; fracture rib. Plaintiff had open reduction internal fixation on both elbows. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

 

MOTOR VEHICLE – PEDESTRIAN STRUCK UPON CROSSING HIGHWAY
CESAR MENA v. FOUR WHEELS CO, INC., GENOVESE DRUG STORES, INC., and MICHAEL FEELEY

On 4/17/00, $400,000 settlement for a 38-year-old pedestrian, who after consuming several bottles of beer was struck by a car while attempting to cross Sunrise Highway, no where near an intersection or designated cross area in Babylon, Long Island, sustaining an Open Grade III Tibia Shaft Fracture, Compartment Syndrome of the Right Tibia, Closed Left Tibia Shaft Fracture, Pelvis Fracture, Right Humeral Shaft Fracture, Right Radial Nerve Palsy, Non union of Right Tibia Shaft Fracture, Laceration of Liver with exploratory laparotomy, and significant permanent scarring of the legs, right arm, and abdomen.

 

PREMISES LIABILITY – COLLAPSING CEILING
ANTOINE SHY v. CITY OF NEW YORK

On 3/3/2000, $350,000 settlement during jury selection for 43-year-old firefighter struck by collapsing tile ceiling in fire station’s gym due to alleged long standing leaks. Injuries sustained included L4-5 disc herniation with protrusion into the thecal sac, left shoulder impingement, and TMJ dysfunction. He was denied LOD (line of duty) retirement in his Article 78 proceeding with the Fire Department in an unrelated action. Defendant denied a defective condition existed and claimed that plaintiff had pre-existing degenerative conditions unrelated to trauma.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM SCAFFOLD
JOSE LEMA v. 15th STREET MINI STORAGE, INC.

On 1/27/00, $600,000 settlement for 27-year-old laborer who fell from a scaffold. Defendant claimed the defense of recalcitrant worker, namely that plaintiff’s failure to cooperate and follow specific instructions was the cause of his accident. Plaintiff sustained multiple fractures of the left medial malleolus requiring open reduction external fixation; lumbar radiculopathy at L5-S1.

 

CONSTRUCTION ACCIDENT – LABOR LAW – COLLAPSING WALL
LUIS VILLA v. 71 FIFTH AVENUE CO., a Partnership, PHILIP SMITH and PHILIP SMITH, as partner of 71 FIFTH AVENUE CO., SMITH AFFILIATES MANAGEMENT CORP. and A. L. & A. CASTING CO., INC.

On 1/6/2000, $400,000 settlement during trial for a 32-year-old demolition worker who was struck by a collapsing wall at a construction site thereby sustaining an open left tibia-fibula fracture which necessitated open reduction internal fixation.

 

MOTOR VEHICLE – PEDESTRIAN STRUCK BY TRUCK
KARA TYLER v. ROADWAY EXPRESS, INC. and VICTOR G. CINTRON

On 10/25/99, $1,300,000 settlement for a 25-year-old female employed as a waitress while attempting to pursue an acting career, injured when crossing a street and struck by a turning truck whose tire stopped on her foot causing traumatic right foot injury with multiple bone fractures and de-gloving of the dorsum of the right foot, necessitating multiple operations.

 

DEFECT CONDITION – TRIP AND FALL
MAXINE MENNELLA v. VICTORY MEMORIAL HOSPITAL, INC., TURNER CONSTRUCTION COMPANY, LA STRADA CONTRACTING and RUSSO & SONDERS ARCHITECTS, INC.

On 7/2/99, $295,000 settlement after jury selection for 72-year-old female who tripped and fell over hospital’s uneven sidewalk sustaining a comminuted fracture of the left proximal tibia, which necessitated open reduction internal fixation and fracture with dislocation of the right fibula.

 

DESIGN DEFECT OF RACE TRACK – FRACTURED VERTEBRAE
JASPER CHAN v. H.B. SINGER, INC., NORMAN KAUFMAN, KENNETH KAUFMAN, and SOUTH AMHERST LTD. d/b/a INTERNATIONAL SPEEDWAY

On 4/19/99, $675,000 settlement for a 23-year-old college student and part-time assistant manager of a Carvel Ice Cream Bakery, while operating a go-cart was struck from behind by another go-cart propelling his vehicle into the only portion of the cement perimeter track wall not protected by rubber tires or other similar devices to absorb the impact, causing T-12 and L1 vertebral fractures necessitating a thoracotomy and anterior approach vertebral fusion of T12/11.

 

MOTOR VEHICLE – PASSENGER IN TWO VEHICLE COLLISION
MARJORIE PLUMMER v. DEDICATED TRANSPORTATION, INC., REFRIGERATED NATIONALEASE, SHARON LEASING, INC., DERYL LEBRON WATTS, LEWIS C. MOON and CLAUDIA MOON

On 2/19/99, $375,000 settlement during jury selection for a 25-year-old passenger in a two-vehicle collision who sustained a tear of the medial meniscus of the left knee necessitating surgical repair of the meniscus and anterior cruciate ligament.

 

PREMISES LIABILITY – CUSTOMER STRUCK BY FALLING OBJECT
MINDELLE PIERCE v. PERGAMENT HOME CENTERS, INC.

On 7/30/97, $350,000 settlement for 50-year-old female shopper struck by falling kitchen cabinet, sustaining fibromyalgia and cervical radiculopathy.

 

CONSTRUCTION ACCIDENT - LABOR LAW – PARAPLEGIA
MARCOS RAMIREZ v. 11194 OWNERS CORP. and TOTAL STRUCTURAL CONCEPTS, INC.

On 10/30/97, after jury selection $4,000,000 settlement with projected payout via structured settlement in excess of $12,000,000 and waiver of an approximate $300,000 lien for 25-year-old undocumented laborer struck by a falling an unsecured bucket during construction rendering him paraplegic.

 

MOTOR VEHICLE – PEDESTRIAN KNOCKDOWN
MICHELE FALOTICO v. MACK MARKOWITZ, INC., ARTHUR HENRY, and 1992 DEMOCRATIC NATIONAL CONVENTION COMMITTEE OF THE CITY OF NEW YORK

On 1/31/95, $475,000 settlement for 30-year-old female personnel director of a security firm struck while crossing 42nd Street at Fifth Ave., New York, NY, by a van used by the 1992 Democratic National Convention Committee, causing a comminuted intra-articular tibial plateau fracture.

 

CONSTRUCTION ACCIDENT – LABOR LAW – FALL FROM A ROOF
JOHN BARBUZANO v. ANTHONY MATERA, JR. d/b/a 4 ACES CONSTRUCTION v. REM GENERAL CONSTRUCTION, INC.

On 12/16/94, $485,000 jury verdict for 41-year-old Brazilian immigrant who fell from the roof of a two story building while disassembling a scaffold. Defendant claimed he failed to use the safety devices provided. Injuries consisted of bilateral fractures of the radial heads with the left (nondominant) being comminuted and excised during surgery.

 

MEDICAL MALPRACTICE – CARELESS SURGERY
WALEED KH. A AL-MESHHADANI v. NEW YORK CITY HEALTH AND HOSPTIALS CORPORATION

On 7/7/94, $200,000 settlement for 37-year-old Syrian national visiting the United States who claimed in his medical malpractice action that a treating physician carelessly lacerated a facial nerve during sinus surgery causing right facial nerve paralysis superimposed and aggravating underlying right chronic otitis media. Defendant claimed that result was an inherent risk of the procedure.

 

MARTIME LAW – JONES ACT
ERNEST JOHNSON v. MORAN TOWING & TRANSPORTATION CO., INC.

On 3/17/94, $1,675,000 settlement for 40-year-old oiler/utility assistant engineer of a tugboat under the Jones Act (Maritime Law) who was struck by a shifting towline when the vessel suddenly repositioned causing herniated disc at L4-5 with lumbar laminectomy and Disectomy, fractured vertebrae L1-L5, and deep right flank laceration. He was supported by “maintenance and cure” during the pendency of the lawsuit, which sum was waived as part of the settlement.

 

MOTOR VEHICLE – PEDESTRIAN KNOCKDOWN
FELICIA BATISTA v. VOLKSWAGEN CREDIT, INC. and SALVATORE and KRISTEN SALIBELLO

On 1/25/94, settlement during trial of 54-year-old female pedestrian crossing against the traffic light struck by a motor vehicle while crossing West End Ave. at 83rd Street, New York, NY, sustaining compound fractures of the right tibia and fibula necessitating open reduction, internal fixation, bone grafting, and three additional surgeries.

 

CONSTRUCTION ACCIDENT – LABOR LAW VIOLATION ALLEGED
DANIEL VASQUEZ v. 101 EQUITIES CORP. and HRH CONSTRUCTION CORP.

On 6/15/93, a structured settlement was agreed upon during jury selection in the Supreme Court, Bronx County with present value of $950,000 plus the waiver of a $50,000 lien. Plaintiff, a 28-year-old ironworker, earning $47,000 annually, claimed permanent disability for an L5-S1 disc herniated with nerve root impingement as a result of being struck by a pile of wood improperly bound at a construction site.

 

MOTOR VEHICLE – BUS ACCIDENT
SEDAT KUCI v. MABSTOA

Verdict on 10/4/93 in the Supreme Court, Queens County of $802,500 for a 39-year-old passenger, whose head struck a pole in the bus after being cut off by a phantom vehicle resulting is slight contact. The bus driver claimed that contact was incidental and that Plaintiff simply laid down on the bus’ floor following the incident in order to fabricate a case. Plaintiff claimed a closed head injury with psychological manifestations including visual and auditory hallucinations. However, none of the injuries could be confirmed by any objective tests.

 

MOTOR VEHICLE – PASSENGER IN THREE-CAR COLLISION
BARBARA & RICHARD SCHEIRER V. D&D WHOLESALE SHRIMP, INC., ANTHONY STRAPOLI, and BEATRIC LASALA ADM. OF THE ESTATE OF FRANCIS LASALA and COUNTERCLAIM

Verdict on liability in the Supreme Court, Richmond County on 3/1/91 exclusively against Defendant D&D Wholesale Shrimp, Inc. for this multiple vehicle collision causing Plaintiff, a 36 year old passenger to sustain a herniated disc of L5-S1. Case was then settled for $137,500.

 

MOTOR VEHICLE – BICYCLIST REAR ENDED BY VAN
JOHN SOULIOPOULOS v. MICHAEL CALISTO and A&C COMBUSTION SERVICE CORP., INC.

Verdict on 6/27/90 in the Supreme Court, Queens County of $1,500,000 reduced as excessive by the trial judge to $1,100,000 and subsequently reduced to $754,800 for 32% comparative negligence by the Plaintiff. Plaintiff, a 30-year-old bicyclist claimed to have been struck in the rear by Defendant’s motor vehicle, while Defendant claimed that the accident was head on caused by Plaintiff’s failure to stay by the side of the road. Plaintiff had a history of substance abuse. He sustained compound comminuted fractures of his left tibia and fibula, which were surgically repaired.

 

REPAIR SHOP NEGLIGENCE
IRVING HENDERSON v. L&K COLLISION CORP d/b/a SOUTH SHORE COLLISION

Verdict on 11/2/89 in the Supreme Court, Nassau County of $150,000 for a 43 year old patron of an auto body shop whose great toe was fractured and lacerated when a bumper carelessly placed by Defendant’s worker at its auto body shop fell onto his foot. The laceration was surgically repair only a slight imperfection and with a minimal resulting disability.

 

MOTOR VEHICLE – PEDESTRIAN STRUCK
MANJULA PATEL v. A&A EQUIPMENT & SYRUP CO., INC. and DAVID MINUTOLI

Verdict on 12/7/85 in the Supreme Court, Queens County of $350,000 reduced by the court as excessive to $250,000 for a 51 year old female pedestrian struck by defendant’s motor vehicle. The pedestrian sustained a comminuted fracture of the proximal ulna requiring surgery, resulting in an excellent recovery.

 

CONSTRUCTION ACCIDENT
JEFFREY & FLORENCE GOTTLIEB v. AMNA CONSTRUCTION CORP, WAN DEVELOPMENT CORP, HENRY WANT, JAMES HUNG and ZENIA YUAN v. BLAU MECHANICAL CORP.

Verdict on 7/21/89 in the Supreme Court, Queens County finding the general contractor Defendant AMNA CONSTRUCTION CORP. 60% at fault for Plaintiff’s, a 37 year old foreman-plumber, fall through an unprotected floor opening where construction was ongoing resulting in a fractured calcaneus with lateral displacement requiring surgery. The case then settled for $400,000.

 

PODIATRIC MALPRACTICE
KOSTAS KATSANEVAS v. ALVIN PLOTKIN, D.P.M., and ASTORIA FOOT CARE GROUP

Verdict on 11/10/88 in the Supreme Court, Queens County of $2,706,400 for a 40 year old insulin dependent diabetic who necessitated a below the knee amputation after his treating podiatrist performed an Incision and Drainage of his infected foot and subsequently prescribed a contraindicated medication.

 

MOTOR VEHICLE – DRIVER'S NEGLIGENCE
ANN MARIE & JAMES REILLY v. B&R OIL SERVICE, INC. and THOMAS INTRABARTOLA

Verdict on 6/12/86 in the Supreme Court/Queens County of $400,000, reduced by the court to $170,000 for a 27 year old driver struck from behind by Defendant’s truck causing a compression fracture of L1.

 

HOSPITAL NEGLIGNECE
EDWARD LEVY, EXECUTOR OF THE ESTATE OF ADELE WEILL v. UNION HOSPITAL OF THE BRONX (Third-Party Pltf. V. LISA BARTH)

Verdict on 3/22/85 in the Supreme Court/Bronx County. Plaintiff’s decedent, an 82-year old patient hospitalized for a medical condition was awarded $101,000 after sustaining a fractured hip as a result of a fall when her feet became entangled with the nurse who was aiding her in ambulating.

 

If you have been injured and sustained a personal injury, please take the time to report your case.

* Prior results do not guarantee similar outcome.