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$13,000,000 Settlement v. State of New York

The Result Speaks for Itself

2013 TOP SETTLEMENTS NY

2013 TOP SETTLEMENTS NY

Farrell McManus

PUBLISHERS LETTER

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TOP 25 NEW YORK SETTLEMENTS IN 2013

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TOP 25 NEW YORK CASE SUMMARIES IN 2013 TOP 2013 SETTLEMENTS BY CATEGORY

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Associate Publisher, New York Law Journal [email protected] Advertising/Sponsorship Sales Roseann Agostino [email protected] Richard Berger [email protected]

Animals

Motor Vehicle: Parked Car

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Motor Vehicle: Passenger

Construction

Motor Vehicle: Pedestrian

Consumer Protection

Motor Vehicle: Question Lights

Dangerous Condition of Public Property

Motor Vehicle: Railroad Crossing

Government

Motor Vehicle: Rear End Collision

Insurance

Motor Vehicle: Red Light/Stop Sign

Intentional Torts

Motor Vehicle: Reversing

Patty Martin

Motor Vehicle: Bicycle

Motor Vehicle: Right Turn

[email protected]

Motor Vehicle: Broadside

Motor Vehicle: Sideswipe

Motor Vehicle: Crosswalk

Motor Vehicle: Speeding

Indera Singh

Motor Vehicle: Dangerous Condition

Premises Liability

[email protected]

Motor Vehicle: Hit & Run

Privacy

Motor Vehicle: Intersection

Products Liability

For advertising information please call

Motor Vehicle: Lane Change

Recreation

212.457.9465

Motor Vehicle: Left Turn

Road Defect

Motor Vehicle: Lemon Law

Slips, Trips & Falls

VerdictSearch’s

Motor Vehicle: Motorcycle

Transportation

Top New York Settlements of 2013

Motor Vehicle: Multiple Vehicle

Worker/Workplace Negligence

is published by ALM,

Motor Vehicle: No-Fault Case

Workplace

Motor Vehicle: Parental Liability

Wrongful Death

Peter Hano [email protected] Michael Kalbfell [email protected]

120 Broadway, New York, NY 10271

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2013 TOP SETTLEMENTS NY

Dear Readers, Welcome to Top Settlements New York 2013, a special section of the New York Law Journal encompassing settlements, mediations and arbitrations. The lawyers and law firms who are ranked in this special section represent the best of the best in 2013. Their zealous advocacy on behalf of their clients is inspiring and deserving of our respect. In addition to highlighting the Top 25 settlements, mediations and arbitrations reported to Verdict Search in 2013 we also break down these listings by categories including Construction, Medical Malpractice, Premises Liability, Motor Vehicle and Workplace Safety. The following pages represent the passion, determination and skillful expertise of your colleagues. The work of these advocates in 2013 was outstanding and we salute them. If you do not see a case you worked on last year, we encourage you to begin reporting your cases to VerdictSearch. You can submit a case to VerdictSearch by telephone at 347.227.3236. For subscriptions to the VerdictSearch database of 175,000+ cases, call sales at 800.445.6823. VerdictSearch is second to none when it comes to verdict and settlement research and reporting. For over 40 years, VerdictSearch has been the nation’s trusted source for news and research, providing legal and insurance professionals with the most accurate, detailed case reports each week. You can find them online at www.verdictsearch.com If you are interested in this topic, please remember that every Monday on page 5, the New York Law Journal runs a special Verdicts & Settlements section in the paper highlighting recently submitted important or newsworthy cases. Finally, I would like to extend a special thanks to the New York Law Journal sales, marketing and design teams as well as our consultant on this project, Brian Corrigan, and his team. Their efforts enabled this fantastic supplement to come together despite tight deadlines and a lot of changes by yours truly. As always, if you have any thoughts on this program or any other we run here at the New York Law Journal please drop me a line. I can be reached at [email protected]. I look forward to hearing from you! Warm regards,

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VerdictSearch’s Top New York Settlements of 2013

MEDIATED SETTLEMENTS

A SAMPLING OF CASES RESOLVED IN OUR PERSONAL INJURY DIVISION 2012-2013 DATE

AMOUNT

DATE

AMOUNT

DATE

AMOUNT

DATE

AMOUNT

DATE

AMOUNT

01-12-12 02-01-12 02-07-12 02-08-12 02-08-12 02-13-12 02-13-12 02-21-12 02-22-12 02-28-12 03-02-12 03-20-12 03-27-12 03-30-12 04-03-12 04-04-12 04-09-12 04-16-12 04-19-12 04-26-12 04-30-12 05-04-12 05-15-12 05-17-12 05-31-12 05-31-12

2,000,000 17,900,000 2,900,000 3,000,000 2,950,000 2,750,000 2,715,000 5,700,000 3,250,000 3,750,000 2,100,000 5,500,000 2,500,000 2,700,000 2,250,000 4,150,000 2,950,000 3,400,000 15,550,000 2,250,000 3,300,000 4,400,000 4,250,000 4,250,000 2,500,000 2,250,000

06-14-12 06-15-12 06-20-12 06-22-12 06-26-12 07-16-12 07-17-12 07-19-12 07-24-12 08-02-12 08-02-12 08-09-12 08-10-12 08-17-12 08-22-12 08-29-12 09-10-12 09-11-12 09-12-12 09-14-12 09-28-12 10-01-12 10-02-12 10-03-12 10-22-12 10-23-12

3,250,000 2,700,000 11,000,000 3,300,000 3,750,000 5,900,000 4,000,000 2,800,000 2,350,000 2,000,000 2,800,000 2,000,000 2,250,000 2,000,000 3,750,000 5,000,000 4,000,000 2,000,000 2,500,000 2,933,333 11,500,000 2,800,000 12,000,000 4,700,000 3,000,000 2,850,000

10-23-12 11-14-12 11-15-12 11-16-12 11-19-12 11-27-12 12-03-12 12-13-12 12-17-12 12-17-12 12-27-12 01-03-13 01-09-13 01-16-13 01-16-13 02-06-13 02-07-13 02-13-13 02-15-13 02-15-13 02-26-13 03-06-13 03-11-13 03-11-13 03-12-13 03-21-13

3,400,000 4,700,000 2,925,000 3,000,000 5,350,000 2,800,000 2,000,000 2,900,000 9,500,000 2,750,000 3,000,000 2,400,000 4,000,000 5,600,000 2,500,000 2,600,000 3,000,000 2,030,000 2,800,000 2,110,000 7,000,000 2,800,000 2,000,000 3,500,000 2,925,000 6,500,000

03-21-13 03-26-13 04-02-13 04-03-13 04-15-13 04-18-13 04-22-13 04-23-13 04-23-13 04-24-13 04-29-13 05-09-13 05-10-13 05-14-13 05-16-13 05-20-13 05-30-13 06-03-13 06-07-13 06-18-13 07-09-13 07-19-13 07-24-13 07-25-13 08-02-13 08-07-13

4,300,000 4,200,000 3,000,000 2,175,000 2,950,000 2,100,000 3,750,000 2,500,000 3,000,000 2,000,000 2,025,000 3,500,000 2,050,000 6,000,000 2,950,000 2,300,000 3,000,000 6,350,000 2,225,000 3,000,000 2,750,000 2,000,000 2,000,000 2,300,000 3,300,000 2,300,000

08-12-13 08-13-13 08-13-13 08-14-13 08-16-13 08-19-13 09-19-13 08-14-13 08-16-13 09-19-13 09-20-13 09-23-13 09-24-13 09-30-13 10-07-13 10-08-13 10-16-13 10-21-13 11-14-13 11-18-13 11-26-13 12-04-13 12-05-13 12-09-13 12-10-13 12-11-13

4,000,000 2,500,000 2,800,000 2,500,000 4,750,000 2,100,000 2,800,000 2,500,000 4,750,000 3,500,000 2,900,000 2,365,000 3,000,000 2,450,000 2,100,000 2,400,000 3,475,000 7,500,000 2,000,000 2,650,000 2,600,000 3,000,000 2,500,000 2,400,000 2,000,000 4,400,000

In addition to administering a wide variety of cases, including complex commercial and employment matters for more than 50% of the Fortune 100 companies, NAM also settles a significant number of personal and catastrophic injury matters. In fact, in 2011 alone, NAM’s personal injury division resolved more than $1billion dollars of such cases in New York State.

The Better Solution

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122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Staten Island, Westchester and Buffalo (800) 358-2550 | www.namadr.com

2013 TOP SETTLEMENTS NY

TOP 25 NEW YORK SETTLEMENTS IN 2013 CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

1

Gardener v. City of New York & Gardener v. State of New York

1/2/13

Bronx Supreme & Court of Claims, NY

Speeding: Car crash killed six; inadequate median barrier blamed

Jeff S. Korek, New York, NY of Gersowitz, Libo & Korek, P.C.; Eric J. Buckvar, $22,194,000 New York, NY of Buckvar & Buckvar; Robert Harnick, New York, NY of Harnick & Harnick

2

Rutland v. State of New York

6/5/13

Court of Claims, Rochester

Motor Vehicle: Road's defect led to paralyzing neck injury, bicyclist claimed

Victor L. Mazzotti, Albany, NY of Martin, Harding & Mazzotti, LLP

$13,000,000

3

Alpirez v. WBB Construction Inc.

12/4/13

New York Supreme

Demolition: Large falling pipe struck Plaintiff in the head causing fall from 12 ft scaffold.

Marc J. Rothenberg, Esq., of The Rothenberg Law Firm LLP

$11,500,000

4

Figueroa v. NYCH & HC

1/14/13

Bronx Supreme

Failure to Diagnose: Child's apnea led to hypoxia, damage of brain, suit alleged

Robert J. Genis, Bronx, NY of Sonin & Genis

$7,000,000

4

Estate of Mata v. 3/5/13 Woodbourne Arboretum Inc.

Suffolk Supreme

Labor Law: Bystander killed during workers' repair of irrigation device

Robert S. Kelner, Gerard K. Ryan, Jr. & Gail S. Kelner, New York, NY of Kelner & Kelner

$7,000,000

6

Dolan v. New York Presbyterian Hospital

6/3/13

New York Supreme

Labor Law: Hoisting accident caused spine, shoulder Kenneth Sacks & Daniel Weir, New York, NY of Sacks & Sacks, LLP injuries, worker claimed

$6,350,000

7

Gallagher v. Resnick

8/14/13

Kings Supreme

Masonry supplier fell off roof. Summary judgment on Labor Law 240(1) granted on appeal.

David H. Mayer, New York, NY of Sacks & Sacks LLP

$6,200,000

8

Stallone v. Plaza Construction Corp.

5/9/13

New York Supreme

Accidents: Crane's ladder slippery and dangerous, worker claimed

David H. Perecman & Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC; Paul W. Cutrone, Douglaston, NY of Law Offices of Paul W. Cutrone

$6,000,000

8

Chan v. Railex LLC

1/17/13

Kings Supreme

Improper loading of truck led to paralyzing injury, worker alleged

William J. Ryan, New York, NY of Lurie, Ilchert, MacDonnell & Ryan LLP

$6,000,000

10

Marca v. Andrew James Interiors

12/5/13

Queens Supreme

Bicycle: Intoxicated bicyclist struck by van. Police report adverse to plaintiff.

Kenneth Wilhelm, New York, NY of Law Office of Kenneth A. Wilhelm

$5,600,000

11

Hodor v. Kooyker

5/30/13

New York Supreme

Speeding: Motorist not mindful of wet road, injured Paul J. Edelstein & Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, passenger claimed Faegenburg & Brown LLP; Judah Z. Cohen, New York, NY of Judah Z. Cohen, PLLC; Daniel A. Thomas, New York, NY of Daniel A. Thomas, P.C.

$5,500,000

12

Aguilar v. Alonzo

4/25/13

Kings Supreme

Multiple Vehicle: Trucker's inattentiveness led to fishtailing, accident, suit alleged

$5,000,000

Alan S. Ripka, Esq. Trial Lawyer

I am proud to have achieved the Top NY Settlements in 2013 $2,400,000 – Ranked 3rd in Medical Malpractice $2,000,000 – Ranked 5th in Medical Malpractice $1,000,000 – Ranked 8th in Medical Malpractice

Headquarters Empire State Building 350 Fifth Avenue New York, NY 10118 NapoliBern.com

646.381.7065 [email protected]

Personal Injury • Medical Malpractice • Wrongful Death 6

VerdictSearch’s Top New York Settlements of 2013

Sharon A. Scanlan, Newburgh, NY of Jacoby & Meyers; Lorenzo J. Tasso, Long Island City, NY

AMOUNT

2013 TOP SETTLEMENTS NY

TOP 25 NEW YORK SETTLEMENTS IN 2013 CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

12

Estate of Burgio v. Leroy Holding Co. Inc.

5/7/13

Niagara Supreme

Tired trucker crossed line, caused fatal crash, suit alleged

John J. Fromen, Jr., Buffalo, NY of John J. Fromen Attorneys At Law, P.C.

$5,000,000

14

Muriqi v. Charmer Industries Inc.

4/16/13

Bronx Supreme

Workplace Safety: Fall through shelf caused disabling injuries, worker claimed

Scott Occhiogrosso & Daniel P. O'Toole, New York, NY of Block, O'Toole & Murphy, LLP

$4,650,000

15

Cruz-Acosta v. 15 Fort Washington Avenue Housing Development Fund Corp.

1/16/13

Bronx Supreme

Proper equipment would have prevented fall, worker claimed

Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC

$4,500,000

16

Geiger v. Consolidated 3/1/13 Edison Co. of New York Corp.

New York Supreme

Worker fell out of truck, injured brain, spine, shoulder

David H. Mayer & Kenneth Sacks, New York, NY of Sacks & Sacks

$4,300,000

17

Wallner v. County of Ulster

7/31/13

Ulster Supreme

County, town ignored recurrent road hazard, plaintiff claimed

Terrence E. McCartney, New York, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP

$4,000,000

18

Young v. Singh

2/1/13

Queens Supreme

Railroad Crossing: Samaritan hurt when train hit and toppled disabled rig

Stephen J. Murphy & Christina Mark, New York, NY of Block O'Toole & Murphy, LLP

$3,925,000

19

Clarke v. AKHK Brooklyn Restaurant, LLC

12/3/13

Kings Supreme

Labor Law: Plaintiff injured shoulder and neck after falling off scaffold.

David H. Perecman, New York, NY of The Perecman Firm, PLLC

$3,600,000

20

Camacho v. Salem

5/1/13

Dutchess Supreme

Obstetrics: Botched delivery resulted in developmen- Brian Brown, New York, NY of Zaremba Brownell & Brown PLLC tal delays and autism spectrum disorder.

$3,500,000

21

Hadden v. Boxberger

1/7/13

Ulster Supreme

Roofer claimed icy conditions necessitated scaffold or harness

Joseph E. O'Connor, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.

$3,350,000

22

Mejias v. Ceva Logistics U.S. Inc.

10/5/13

Queens Supreme

Trucking: Makeshift fix of truck's lift gate led to accident, suit alleged

Jonathan S. Damashek, New York, NY of Hecht Kleeger & Damashek, PC

$3,050,000

23

Diaz v. City of New York

7/23/13

Bronx Supreme

Speeding: Plaintiff claimed she was struck by speeding police vehicle

Steven Smedresman, New York, NY of Law Office of Steven Smedresman P.C. and Alan R. Chorne, Esq., New York, NY

$3,000,000

23

Berisha v. 1957 Bronxdale Corp.

3/7/13

Bronx Supreme

Apartment: Toddlers burned by water falling off unsecured stove, plaintiff alleged

Ylber Albert Dauti, New York, NY of The Dauti Law Firm, P.C.

$3,000,000

25

Sanchez v. Lonero Transit Inc.

4/9/13

Bronx Supreme

Broadside: Vehicular accident caused spinal injury, plaintiff claimed

Daniel P. O'Toole & Frederick C. Aranki of Block, O'Toole & Murphy, LLP, New York, NY, trial counsel to Elliot Ifraimoff & Associates, P.C., Forest Hills, NY

$2,925,000

The Lurie, Ilchert, MacDonnell & Ryan firm is located in New York City and specializes in personal injury law. The law firm consists of 4 experienced attorneys and 10 assistants, investigators, interpreters and secretaries. We have obtained more than 100 recoveries of $1,000,000 or more for our clients.

THE #8 SETTLEMENT IN NEW YORK STATE IN 2013 Congratulations to Partner Bill Ryan for securing this family’s future through his efforts.

475 Park Avenue South, Suite 2800 New York, NY 10016 | Phone - (212) 685-7411 | www.newyorkconstructionaccidentfirm.com

VerdictSearch’s Top New York Settlements of 2013

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2013 TOP SETTLEMENTS NY

TOP 25 NEW YORK CASE SUMMARIES IN 2013 Number One Motor Vehicle Motor Vehicle — Transportation — Government — Wrongful Death

Car crash killed six; inadequate median barrier blamed AMOUNT $22,194,000 combined settlement for all plaintiffs in two related matters TYPE Settlement Case Gardener v. City of New York & Gardener v. State of New York VENUE Bronx Supreme Court and NYS Court of Claims Judge Alison Y. Tuitt, Bronx County Supreme Court Hon. Faviola Soto, NYS Court of Claims Date

January 2, 2013

Injury Type(s)

leg - fracture, fracture, femur head - head, closed head injury brain - coma, brain damage, traumatic brain injury other - death, hematoma, unconsciousness, physical therapy surgeries/treatment - open reduction, internal fixation mental/psychological - cognition, impairment, memory, impairment

Plaintiff(s) Felicia Green, Howard Raymond, Sandra Gardener, Brenda G. Peters, Shatora Gardener, Eleanor Blackwell, Estate of Aysia Green, Estate of Brendan Daye, Estate of Jamel Gardener, Estate of Derrick Gardener, Estate of Keywann Gardener, Estate of Jeremiah Blackwell Plaintiff Attorney(s) Jeff S. Korek; Gersowitz, Libo & Korek, P.C.; New York, NY, Eric J. Buckvar; Buckvar & Buckvar; New York, NY, Robert Harnick; Harnick & Harnick; New York, NY Plaintiff expert(s)

Wayne Gordon Ph.D.; Neuropsychology; New York, NY; Ronald Simon M.D.; Trauma; Bronx, NY; Charles Kincaid Ph.D.; Vocational Rehabilitation; Hackensack, NJ Jeffrey Siedenberg Ph.D.; Economics; Riverdale, NY Michael Lipton M.D., Ph.D.; Neuroradiology; New York, NY Nicholas Bellizzi P.E.; Engineering; Holmdel, NJ

Defendant(s) City of New York, (in Bronx Supreme) Estate of Keywann Gardener (in Bronx Supreme) State of New York (in NYS Court of Claims) Facts & Allegations On July 9, 2006, plaintiff’s decedent Keywann Gardener, 23, was driving on the southbound side of the Bronx River Parkway, in the West Farms section of the Bronx. Plaintiff Howard Raymond, 20, a student, and plaintiff’s decedents Jeremiah Blackwell, 43, Brendan Daye, 18, Derrick Gardener, 23, Jamel Gardener, 14, and Aysia Green, 8, were passengers. Keywann Gardener lost control of his car while he was approaching the interchange at 177th Street. The car mounted a 2-foot-tall cement barrier that separated the southbound and northbound sides of the parkway, traveled some 200 feet, struck a light post, and landed on the road’s northbound side, where it collided with a van and a car. Blackwell, Daye, Derrick Gardener, Jamel Gardener, Keywann Gardner and Green sustained fatal injuries. Raymond sustained injuries of his head and a leg. Raymond’s guardian and the estates of Blackwell, Daye, Derrick Gardener, Jamel Gardener and Green sued Keywann Gardener and the Bronx River Parkway’s maintainer, the city of New York. The plaintiffs alleged that Keywann Gardener was negligent in the operation of his vehicle, that the city was negligent in its maintenance of the parkway and that the city’s negligence created a dangerous condition that caused the accident. In a subsequent filing, Keywann Gardener’s estate sued the city of New York. The estate alleged that the city was negligent in its maintenance of the parkway. The estate further alleged that the city’s negligence created a dangerous condition that caused the accident. 8

VerdictSearch’s Top New York Settlements of 2013

These two NYS Supreme Court cases were consolidated. The plaintiffs’ expert engineer opined that the barrier, which was constructed in 1948, was not of sufficient height to stop or redirect vehicles that were headed toward oncoming traffic. A similar fatal accident occurred some 19 years prior to the instant accident, and, as such, plaintiffs’ counsel contended that the city was aware that the barrier was inadequate. Plaintiffs’ counsel also presented two employees of the New York City Department of Transportation, which maintains the city’s roads. The witnesses claimed that they had notified supervisors that the barrier was inadequate. They also opined that the barrier, given its small size, could have acted as a ramp. The city’s counsel contended that the barrier was of state-of-the-art quality. They claimed that the accident was solely a result of Keywann Gardener driving erratically and failing to maintain a safe speed. Gardener’s estate’s counsel contended that the city’s counsel could not establish that Gardener was speeding. He claimed that an adequate barrier would have prevented the accident. Summary judgment rulings established that Gardener was negligent in the operation of his vehicle and that the city was negligent in its failure to address the adequacy of the barrier. Plaintiffs’ suit against New York State advanced substantially the same allegations as against the City in the Bronx Supreme Court matters. Injuries/Damages Blackwell, 43, Daye, 18, Derrick Gardener, 23, Jamel Gardener, 14, and Green, 8, were believed to have died immediately from head injuries. Their respective estates sought recovery of wrongful-death damages. Blackwell’s widow and the mothers of the other decedents presented derivative claims. Keywann Gardener, 23, sustained a fatal injury, though he was alive when he was rescued from his vehicle. He was placed in an ambulance, and he was transported to a hospital, where he was pronounced dead. His estate sought recovery of wrongful-death damages that included damages for his pain and suffering. Howard Raymond sustained an injury of his head and a fracture of the distal region of his right leg’s femur. He became comatose. He was placed in an ambulance, and he was transported to Jacobi Medical Center, in the Bronx. His fracture was addressed via open reduction and internal fixation. His coma lasted several weeks, and his hospitalization lasted 40 days. He subsequently underwent about eight weeks of inpatient physical therapy. Raymond’s counsel contended that his client sustained brain damage causing impairment of attentiveness, executive functions, memory and other cognitive functions. Counsel claimed that Raymond undergoes occupational therapy and requires assistance of many of his everyday activities. He also claimed that Raymond, a high school senior at the time of the accident, had expected to play college basketball. He contended that Raymond cannot attend college, play basketball or obtain gainful employment. He also contended that Raymond’s condition will eventually necessitate the retention of a residential aide. Raymond sought recovery of past and future medical expenses, the cost of future residential care, past and future lost earnings, and damages for past and future pain and suffering. Defense counsel contended that Raymond is employable. They also contended that he will not require a residential aide. Result Bronx County Supreme Court matter The city negotiated several pretrial settlements. Daye’s estate recovered $300,000; Derrick Gardener’s estate recovered $499,000; and Green’s estate recovered $150,000. However, those agreements did not resolve the settling plaintiffs’ claims against Keywann Gardener’s estate. During the trial, the parties negotiated settlements that resolved the remaining claims. The city agreed to pay a total of $10.5 million. Blackwell’s estate recovered $700,000; Jamel Gardener’s estate recovered $400,000; Keywann Gardener’s estate recovered $400,000; and Raymond recovered $9 million. Keywann Gardener’s estate’s insurer agreed to tender its policy. The payment is expected to comprise six payments of $20,000: one to Raymond and one to each of the five estates. The pretrial and in-trial settlements totaled $11,569,000. The in-trial settlements were finalized in conjunction with a settlement of a companion case against the state of New York, which also maintained the Bronx River Parkway. That case was filed in the New York State Court of Claims, and it was settled via a payment of $10,625,000. Thus, the plaintiffs’ total recovery was $22,194,000. The companion case can be found at ALM No. 214312. NYS Court of Claims matter The parties negotiated a pretrial settlement. The state agreed to pay $10,625,000. Blackwell’s estate recovered $700,000; Daye’s estate recovered $75,000; Derrick Gardener’s estate recovered $75,000; Jamel Gardener’s estate recovered $350,000; Keywann Gardener’s estate recovered $350,000; Green’s estate

-Continued on p10

2013 TOP SETTLEMENTS NY

-Continued from p8 recovered $75,000; and Raymond recovered $9 million. The settlement was finalized in conjunction with a settlement of a companion case against the city of New York, which also maintained the Bronx River Parkway. That case was filed in the Bronx County Supreme Court, and it was settled via a payment of $11,569,000. Thus, the claimants’ total recovery was $22,194,000. The companion case can be found at ALM No. 214086. Editor’s comment This report is based on an article that was published in the New York Times, information that was provided by claimants’ counsel and information that was provided by defense counsel.

Number Two Premises Liability Recreation — Transportation — Government — Dangerous Condition of Public Property

Road’s defect led to paralyzing neck injury, bicyclist claimed AMOUNT $13,000,000 TYPE Settlement Case Rutland v. State of New York VENUE Court of Claims, Rochester Judge Philip J. Patti Date

June 5, 2013

Injury Type(s)

neck - neck, fusion, cervical surgeries/treatment - decompression surgery paralysis/quadriplegia - quadriplegia

Plaintiff(s) Joanne Rutland (Male), Walter Rutland, Jr. (Male, 49 Years) Plaintiff Attorney(s) Victor L. Mazzotti; Martin, Harding & Mazzotti, LLP; Albany, NY, for Joanne Rutland, Walter Rutland, Jr. Plaintiff expert(s)

Mindy Shah M.D.; Geriatrics; Rochester, NY; Eugene Camerota P.E.; Accident Reconstruction; Syracuse, NY Jerome Thomas P.E.; Highway/Street Design; Albany, NY Joseph Carfi M.D.; Physical Medicine; New Hyde Park, NY Stephen Kates M.D.; Orthopedic Surgery; Rochester, NY William Blanchfield Ph.D.; Economics; Utica, NY

Defendant(s) State of New York Facts & Allegations At about 7:20 p.m. on July 30, 2008, claimant Walter Rutland Jr., 49, a computer engineer, was bicycling on the westbound shoulder lane of Roosevelt Highway, in Kendall. While he was approaching the intersection at Kendall Road, he decelerated and veered toward the right, to avoid a vehicle that was approaching from behind. He fell off of his bicycle, landed on the ground and sustained injuries of his neck. Rutland sued Roosevelt Highway’s maintainer, the state of New York. He alleged that the state was negligent in its maintenance and repair of the road. He further alleged that the state’s negligence created a dangerous condition that caused his accident. The accident occurred within two weeks of the completion of a repaving of Roosevelt Highway. Rutland claimed that his fall was a result of his bicycle’s front tire having encountered a drop-off that separated the newly resurfaced section and a fringe that had not been resurfaced. He estimated that the road’s main surface was 2.5 inches higher than the fringe. Witnesses described the defect as “deteriorated,” “rutted,” “spalled” and “a small pothole.” The court heard testimony by a maintenance supervisor employed by the New York State Department of Transportation, which oversaw the resurfacing project. The witness acknowledged that the drop-off would have been repaired had he noticed it. Testimony also indicated that workers had inspected and repaired other defects of the road during the weeks that preceded the accident.

10

VerdictSearch’s Top New York Settlements of 2013

Defense counsel noted that Rutland regularly bicycled on Roosevelt Highway and had been aware of the ongoing resurfacing project. He contended that the resurfacing project was properly performed and that the alleged defect was a minor condition that was not hazardous to bicyclists. He suggested that the accident was a result of the bicycle’s front tire having released because of a defective condition of the bicycle, which Rutland had modified. Injuries/Damages The trial was bifurcated. Damages were not before the court. Rutland sustained damage of the C1, C2, C3, C4, C5, C6, and C7 levels of his spine. He was transported to Strong Memorial Hospital, in Rochester. After two days had passed, he underwent decompression and fusion of the damaged portion of his spine, but he had already sustained permanent damage that causes incomplete quadriplegia. Rutland retains limited ambulatory ability: He can traverse distances of about 25 feet. He claimed that his disability prevents his performance of most of his everyday tasks. He also claimed that he cannot resume work. He requires extensive medical treatment. Rutland sought recovery of a total of $5.2 million for past and future medical expenses, a total of about $1.7 million for past and future lost earnings, and unspecified damages for past and future pain and suffering. Rutland’s wife sought recovery of damages for loss of services. Result On Oct. 13, 2012, Judge Philip Patti ruled that both parties were liable for the accident. The state was assigned 90 percent of the liability, and Rutland was assigned 10 percent of the liability, based on what Patti deemed a defective condition of Rutland’s bicycle. During the week that preceded the scheduled start of the trial’s damages phase, the parties negotiated a settlement. The state agreed to pay $13 million. Editor’s comment This report is based on court documents and information that was provided by claimants’ counsel. Defense counsel did not respond to the reporter’s phone calls.

Number Three workplace Worker/Workplace Negligence — Fall from height

Laborer sustained brain, eye damage after fall from scaffold AMOUNT $11,500,000 TYPE Settlement Case Alpirez v. WBB Construction Inc. VENUE New York Supreme Judge George J. Silver Date

December 4, 2013

Injury Type(s)

Brain damage Eye Injury

Plaintiff Attorney(s) Marc J. Rothenberg, Esq. of The Rothenberg Law Firm LLP Plaintiff expert(s)

Linda Lajterman, R.N., C.L.C.P., life care planning, Ramsey, NJ Alan M. Leiken, Ph.D., economics, Stony Brook, NY

Facts & Allegations On Feb. 11, 2008, plaintiff Alejandro Alpirez, 37, a laborer, worked at a demolition site that was located at 1107 Broadway, in Manhattan. During the course of the day, Alpirez and a co-worker were directed to cut a pipe that was suspended from a high ceiling. The task necessitated their use of a scaffold and a chain saw. A rope was placed around the pipe, to secure it while it was being cut. The pipe’s supporting device broke while Alpirez was cutting the pipe. The pipe swung downward, and it struck Alpirez’s head and the scaffold. Alpirez fell off of the scaffold, plummeted about 12 feet and landed on his head. He sustained injuries of his face and head. Alpirez sued the project’s general contractor, WBB Construction Inc.; the premises’ owners, 1107 Broadway LLC, 1107 Broadway Mezz I LLC, 1107 Broadway Mezz II

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The Rothenberg Law Firm LLP Wins $11.5 Million on behalf of Injured New York Construction Worker Marc Rothenberg, Partner in The Rothenberg Law Firm LLP, won an $11.5 million settlement at trial for construction worker Alejandro Alpirez in Alpirez v. WBB Construction, Inc. et al. The settlement is one of the largest awards in New York this year for an individual construction worker. On February 11, 2008, Mr. Alpirez, then 37, suffered a severe traumatic brain injury on a construction site when an improperly-secured large metal pipe broke from the ceiling, hit him in the head and caused him to fall from an unsecure scaffold to the ground, landing on his head. Mr. Alpirez sustained a traumatic brain injury, lost the sight in his right eye and suffered numerous other disabling neurological and cognitive impairments. The suit Mr. Rothenberg brought on behalf of Mr. Alpirez charged Tessler Developments LLC and 1107 Broadway LLC (the building owners) and WBB Construction, Inc. (the general contractor) with negligence. Those defendants brought in Mr. Alpirez’s employer — All Waste Interiors LLC — as a third party defendant. In addition to the $11.5 million settlement, Mr. Rothenberg secured a total waiver of a more-than $300,000 Workers’ Compensation lien for Mr. Alpirez. The Rothenberg Law Firm LLP has obtained has obtained numerous multi-million-dollar verdicts, settlements and awards for its catastrophically injured clients. The Rothenberg Firm specializes in personal injury and wrongful death cases in New York, New Jersey, and Pennsylvania. For more than 40 years, The Rothenberg Law Firm LLP has exclusively represented victims of serious injury and their families in a wide variety of contexts, helping to rebuild their shattered lives. The Rothenberg Law Firm LLP maintains offices in New York City; Hackensack, NJ; Cherry Hill, NJ; Lakewood, NJ; and Philadelphia, PA.

2013 TOP SETTLEMENTS NY

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VENUE Judge

Bronx Supreme Court Douglas E. McKeon

LLC and Tessler Developments LLC; and the premises’ former owners, 200 Fifth Avenue Associates LLC and 200 Fifth LLC. Alpirez alleged that the defendants violated the New York State Labor Law. Evidence established that 200 Fifth Avenue Associates and 200 Fifth had sold the premises prior to the accident, so those parties were dismissed. The remaining defendants impleaded Alpirez’s employer, All Waste Interiors LLC. The first-party defendants alleged that All Waste Interiors controlled and directed Alpirez’s work functions. Alpirez claimed that his fall was a result of the scaffold’s platform having been struck by the falling pipe. He contended that one of the platform’s two planks fell and that, as a result, the structure shook and moved. Plaintiff’s counsel claimed that the scaffold should have been secured and that its platform should have been protected by a railing. He contended that a municipal investigator immediately inspected the scaffold and determined that the lack of railings constituted a hazard. Alpirez also claimed that he was not provided a harness, a lanyard or any other equipment that could have prevented his fall or injuries. He further claimed that a suitable anchorage point was not available for the attachment of a harness or lanyard, if one had been provided. During a deposition, a representative of All Waste Interiors acknowledged that the company had not provided safety equipment for every worker at the site. Plaintiff’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that Alpirez was not provided the proper, safe equipment that is a requirement of the statute. He also contended that the site was not properly safeguarded, as required by Labor Law § 241(6). Defense counsel contended that eight safety harnesses were available at the work site during the day of the accident, but that Alpirez did not use one. They also contended that the site’s supervisors were not aware that Alpirez was not using a harness. All Waste Interiors’ counsel contended that the company’s employees had been directed to use harnesses. Plaintiff’s counsel moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages.

Date

January 14, 2013

Injury Type(s)

brain - brain damage other - contracture mental/psychological - cognition, impairment pulmonary/respiratory - apnea, hypoxia paralysis/quadriplegia - spastic quadriplegia

Injuries/Damages fracture, orbit; fracture, facial bone; brain damage; traumatic brain injury; craniotomy; open reduction; internal fixation; vision, partial loss of; cognition, impairment; memory, impairment; concentration, impairment; hearing, partial loss of Alpirez sustained fractures of orbital bones, which form the eye’s sockets. He also sustained damage of his brain. He was placed in an ambulance, and he was transported to St. Vincent’s Hospital, Manhattan. He underwent a craniotomy, and his fractures were addressed via open reduction and internal fixation. His hospitalization lasted more than two weeks. Alpirez’s fractures resulted in the permanent loss of his right eye’s vision. His brain’s injury resulted in permanent impairment of his audition and permanent impairment of cognitive functions that include his concentration, his expressiveness and his memory. Plaintiff’s counsel contended that Alpirez will develop dementia. He claimed that Alpirez will require increasing residential care and assistance that will eventually necessitate institutionalization. Alpirez sought reimbursement of a workers’ compensation lien that exceeded $300,000. He also sought recovery of his past and future medical expenses, his past and future lost earnings, and damages for his past and future pain and suffering. Result The parties negotiated a pretrial settlement. The defendants’ insurers agreed to pay $11.5 million. The settlement also included a waiver of Alpirez’s workers’ compensation lien. Editor’s comment This report is based on court documents, information that was provided by plaintiff’s counsel and information that was provided by All Waste Interiors’ counsel. Counsel of 200 Fifth Avenue Associates and 200 Fifth was not asked to contribute, and the remaining defendants’ counsel did not respond to the reporter’s phone calls.

Number Four Medical Malpractice Failure to Treat — Failure to Diagnose

Child’s apnea led to hypoxia, damage of brain, suit alleged

Plaintiff(s) Amber Rose Figueroa (Male, 4 Months) Plaintiff Attorney(s) Robert J. Genis; Sonin & Genis; Bronx, NY, for Amber Rose Figueroa Defendant(s) New York City Health and Hospitals Corp. Facts & Allegations In August 1995, plaintiff Amber Figueroa, a 4-month-old girl, was transported to Jacobi Medical Center, in the Bronx. Amber’s mother reported that Amber’s respiration had stopped during the child’s sleep. A doctor opined that the child had choked. In October 1995, Amber was returned to Jacobi Medical Center. Amber’s mother reported another instance of Amber’s respiration having stopped during the child’s sleep. A doctor opined that the incident was a benign episode of deep respiration. During a later portion of October 1995, Amber was returned to Jacobi Medical Center. Amber’s mother reported another instance of Amber’s respiration having stopped during the child’s sleep. Doctors determined that the event caused hypoxia that damaged the infant’s brain. Amber suffers resultant spastic quadriplegia. Amber’s mother claimed that Amber’s hypoxic event was an episode of sleep apnea. She contended that the condition caused the prior interruptions of Amber’s respiration, and she claimed that it should have been diagnosed during the first examination by Jacobi Medical Center’s doctors. She contended that proper treatment could have prevented Amber’s hypoxic event. Amber’s mother, Melissa Figueroa, acting individually and as Amber’s parent and natural guardian, sued Jacobi Medical Center’s operator, New York City Health and Hospitals Corp. The plaintiffs alleged that Jacobi Medical Center’s staff failed to promptly diagnose the condition that caused Amber’s hypoxia, that the staff’s failure constituted malpractice, and that New York City Health and Hospitals was vicariously liable for the actions of Jacobi Medical Center’s staff. Plaintiffs’ counsel contended that many infants experience sleep apnea, and he claimed that Amber’s mother did not report symptoms that suggested that Amber was suffering the condition. He contended that the condition should have been diagnosed during Amber’s first presentation to Jacobi Medical Center. He claimed that the child could have received a monitor that would have signaled a prolonged interruption of its respiration. Defense counsel contended that Amber did not suffer sleep apnea. He also contended that Amber’s mother did not report symptoms that suggested that Amber was suffering the condition. Injuries/Damages Plaintiffs’ counsel claimed that Amber suffered hypoxia that was a product of an episode of sleep apnea. The hypoxic event caused damage of Amber’s brain, and Amber suffers residual impairment of her cognition. She also suffers residual spastic quadriplegia, though surgeries relieved several contractures that stemmed from that condition. Amber requires the use of a wheelchair, and plaintiffs’ counsel contended that Amber will require lifelong aid. He also contended that Amber’s condition will prevent her pursuit of a meaningful career. Amber’s mother sought recovery of Amber’s past and future medical expenses, damages for Amber’s future loss of earnings, and damages for Amber’s past and future pain and suffering. She also presented a derivative claim. Defense counsel contended that Amber’s impairment is not a product of sleep apnea. Result The parties negotiated a pretrial settlement. New York City Health and Hospitals agreed to pay $7 million. Editor’s comment This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

AMOUNT $7,000,000 TYPE Settlement Case Figueroa v. NYCH & HC 12

VerdictSearch’s Top New York Settlements of 2013

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2013 TOP SETTLEMENTS NY

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Number Four Wrongful Death Worker/Workplace Negligence — Labor Law

Bystander killed during workers’ repair of irrigation device AMOUNT $7,000,000 TYPE Case VENUE Judge

Mediated Settlement Estate of Mata v. Woodbourne Arboretum Inc. Suffolk County Supreme Court Hon. John DiBlasi

Date

March 5, 2013

Injury Type(s)

head - fracture, skull brain - traumatic brain injury, internal bleeding other - death, laceration, crush injury

Plaintiff(s) Estate of Ciro A. Mata (Male, 35 Years)

Mata’s family collected workers’ compensation benefits in the wake of his death, so Mata’s estate was legally barred from pursuing a lawsuit against Litwin. However, the remaining defendants’ counsel contended that they were alter egos of Litwin. As such, he claimed that Mata was a “special employee” of Woodbourne Arboretum and Woodbourne Cultural Nurseries and therefore legally barred from suing those entities. In response, the estate’s counsel contended that Woodbourne Arboretum, a nonprofit corporation, could not legally commingle its assets with profit-making ventures. They also contended that Litwin, Woodbourne Arboretum and Woodbourne Cultural Nurseries maintained separate payrolls and staffs. The estate’s counsel moved for summary judgment of the claims that alleged violations of Labor Law 240(1) and 241(6). The direct defendants’ counsel moved for summary judgment of the claim that Mata’s estate was legally barred from suing his clients. Judge John J.J. Jones Jr. denied both motions and dismissed the claims that alleged violations of Labor Law 240(1) and 241(6). Injuries/Damages Mata sustained crush-induced fractures of each side of his skull. He also sustained lacerations of his brain. He died at the scene of the accident. Mata, 33, was survived by a wife and three 2-month-old children. Mata’s annual earnings typically approximated $40,000, and his employer provided a rent-free residency that enhanced the value of Mata’s employment. Mata’s estate sought recovery of wrongful-death damages that included Mata’s past and future lost earnings, the estate’s past and future loss of household services, and Mata’s children’s loss of parental guidance. The estate also sought recovery of damages for Mata’s pain and suffering, but Jones dismissed that claim, based on medical reports that suggested that Mata died instantaneously. Defense counsel contended that Mata was not a skilled worker and that, as such, he may have had difficulty sustaining his earnings. They also contended that Mata’s earnings were mostly self-consumed, leaving little for his estate.

Plaintiff Attorney(s) Robert S. Kelner, Gail S. Kelner & Gerard K. Ryan Jr.; Kelner & Kelner; New York, NY, for Estate of Ciro A. Mata

Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator John DiBlasi, of National Arbitration and Mediation Inc. The primary insurer of Woodbourne Arboretum and Woodbourne Cultural Nurseries tendered its policy, which provided $1 million of coverage; their excess insurer agreed to pay $2.5 million; and Litwin’s insurer agreed to pay $3.5 million. Thus, the settlement totaled $7 million.

Plaintiff expert(s)

Ronnie Spiegel ; Real Estate; Merrick, NY Thomas Fitzgerald Ph.D.; Economics; Mount Vernon, VA

Editor’s comment This report is based on court documents and information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

Defendant(s)

Leonard Litwin, Glenwood Management Corp., Woodbourne Arboretum Inc., Woodbourne Cultural Nurseries Inc.

Facts & Allegations On June 28, 2005, plaintiff’s decedent Ciro Mata, 33, a gardener, worked at a storage garage that was located at 221 Old East Neck Road, in Melville. The garage was typically used by employees of a nearby nursery and a nonprofit corporation that was creating an arboretum at the nursery. Employees of the nursery and the nonprofit corporation were repairing a mobile irrigation cannon whose weight exceeded 2,000 pounds. The three-wheeled device’s rear axle had been removed, so the device was being supported by jacks. The device tipped while a worker was attempting to move it, and it fell onto Mata. Mata sustained a fatal injury of his head. Mata’s estate sued the nursery, Woodbourne Cultural Nurseries Inc.; the nonprofit corporation, Woodbourne Arboretum Inc.; and a company that was believed to have managed and/or owned the premises on which the accident occurred, Glenwood Management Corp. The estate alleged that the defendants violated the New York State Labor Law. Glenwood Management and Woodbourne Cultural Nurseries impleaded Mata’s employer, Leonard Litwin, who was Woodbourne Arboretum’s president. Glenwood Management and Woodbourne Cultural Nurseries alleged that Litwin was vicariously liable for Mata’s work activities. Glenwood Management was ultimately dismissed. The matter proceeded against the remaining defendants. The estate’s counsel claimed that the accident occurred while Mata was acting as a spotter for the workers who were repairing the irrigation cannon. They also claimed that the workers had requested Mata’s assistance and that, since Mata was not directing the work or following a superior’s orders, he thusly could not be assigned comparative fault. They contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Mata was not provided the proper, safe equipment that is a requirement of the statute. They also contended that the defendants violated Labor Law 200, which defines general safety requirements. They further contended that the defendants failed to provide proper safeguards, as required by Labor Law 241(6). Labor Law 240(1) is not applicable to incidents that occur during routine maintenance or work that does not involve a significant alteration of a building, and defense counsel contended that Mata was injured during a task that was a matter of routine maintenance. Defense counsel also contended that Labor Law 241(6) was inapplicable because the accident did not occur during construction, demolition or excavation work. 14

VerdictSearch’s Top New York Settlements of 2013

Number Six Construction Accidents — Labor Law

Hoisting accident caused spine, shoulder injuries, worker claimed AMOUNT $6,350,000 TYPE Settlement Case Dolan v. New York Presbyterian Hospital VENUE New York County Supreme Court Judge Milton A. Tingling Jr. Date Injury Type(s)



June 3, 2013 back - fracture, fracture, T3, fracture, T4, fusion, lumbar, fracture, vertebra, fracture, T3, fracture, T4, herniated disc, lumbar, herniated disc at L4-5, herniated disc at L5-S1, herniated disc, thoracic, herniated disc at T3-4 neck - fracture, fracture, C6, fracture, C7, fusion, cervical, fracture, vertebra, fracture, C6, fracture, C7, herniated disc, cervical, herniated disc at C4-5, herniated disc at C5-6, herniated disc at C6-7 other - bone graft, facetectomy, chiropractic, SLAP lesion/tear, physical therapy, compression fracture shoulder - glenoid labrum, tear neurological - radiculopathy surgeries/treatment - discectomy, arthroscopy, laminectomy, laminectomy, lumbar, decompression surgery

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Loja v. Lavelle

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Westchester Supreme

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2013 TOP SETTLEMENTS NY

Number Seven

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workplace

Plaintiff(s) Gerard Dolan (Male, 46 Years), Leslie Dolan (Male)

Slips, Trips & Falls — Worker/Workplace Negligence — Labor Law

Plaintiff Attorney(s) Kenneth Sacks & Daniel Weir; Sacks & Sacks, LLP; New York, NY, for Gerard Dolan & Leslie Dolan

Fall from roof caused disabling injuries, worker claimed

Plaintiff expert(s)

AMOUNT $6,200,000

Ronald Missun Ph.D.; Economics; Louisville, KY Douglas Wayne; Life Care Planning; Richmond, VA

Defendant(s) Cornell Iron Works, Bovis Lend Lease LMB Inc., New York-Presbyterian Hospital Facts & Allegations At about 6 a.m. on Dec. 31, 2007, plaintiff Gerard Dolan, 46, a glasser, worked at a construction site that was located at 525 E. 68th St., in Manhattan. Glass panels had been delivered to the work site, and Dolan’s duties included the supervision of the process of hoisting those panels to an upper level of a building that was being constructed. During the course of that task, Dolan was struck by the hoisting sling. He claimed that he sustained injuries of his back, his neck and his shoulders. Dolan sued the premises’ owner, New York-Presbyterian Hospital; the construction project’s general contractor, Bovis Lend Lease LMB Inc.; and one of the project’s subcontractors, Cornell Iron Works Inc. Dolan alleged that the defendants violated the New York State Labor Law. Dolan claimed that the accident was a result of glass panels having been improperly loaded into the hoisting sling. He claimed that the sling swung uncontrollably when one of the panels shifted. Dolan’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Dolan was not provided the proper, safe equipment that is a requirement of the statute. He moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages. Injuries/Damages Dolan was placed in an ambulance, and he was transported to New York-Presbyterian Hospital. He claimed that he was suffering pain that stemmed from his back, his neck and his shoulders. His hospitalization lasted several days. Dolan ultimately claimed that he sustained herniations of his C4-5, C5-6, C6-7, L4-5, L5-S1 and T3-4 intervertebral discs; fractures of his C7 and T4 vertebrae; a fracture of his spine’s C6 facet joint; a compression fracture of his T3 vertebra; a tear of his left, nondominant shoulder’s glenoid labrum; and a tear of the superior aspect of his right shoulder’s glenoid labrum. The latter injury is commonly termed a “SLAP lesion.” He also claimed that he developed residual radiculopathy. Dolan initially underwent chiropractic manipulation and physical therapy, but he claimed that the treatment did not resolve his pain. On Jan. 26, 2010, he underwent decompressive surgery that included a discectomy, which involved the excision of the anterior portion of his C6-7 disc; corpectomies, which involved the removal of portions of his C6 and C7 vertebrae; fusion of his spine’s C6-7 level; and the implantation of stabilizing hardware. On May 19, 2011, he underwent decompressive surgery that included a laminectomy, which involved the partial excision of his L4 and L5 vertebrae; a facetectomy, which involved the decompression of roots of spinal nerves; a discectomy, which involved the excision of his L4-5 disc; fusion of the corresponding level of his spine; and the implantation of an allograft: bony matter harvested from a cadaver. On Jan. 9, 2012, he underwent arthroscopic surgery that addressed his right shoulder. On June 14, 2012, he underwent arthroscopic surgery that addressed his left shoulder. Dolan claimed that he suffers permanent residual pain and limitations that prevent his resumption of work. He undergoes chiropractic manipulation and physical therapy. He sought recovery of a total of $6,117,358 for past and future medical expenses and lost earnings and a total of about $4 million for past and future pain and suffering. His wife presented a derivative claim. The defense’s expert neurologist submitted a report in which he opined that Dolan’s injuries were degenerative conditions that predated the accident. Result The parties negotiated a pretrial settlement. The defendants’ insurers agreed to pay a total of $6.35 million. Editor’s comment This report is based on court documents, information that was provided by plaintiffs’ counsel and information that was provided by defense counsel.

16

VerdictSearch’s Top New York Settlements of 2013

TYPE Settlement Case Gallagher v. Resnick VENUE Kings Supreme Court Judge Kenneth P. Sherman Date Injury Type(s)

August 14, 2013 back - fracture, fracture, T4, fracture, T5, fracture, vertebra, fracture, T4, fracture, T5, fracture, transverse process, herniated disc, thoracic head - head, headaches, fracture, skull neck - fracture, vertebra, fracture, transverse process, herniated disc, cervical, herniated disc, thoracic brain - brain damage, traumatic brain injury chest - fracture, rib other - gastrostomy, hemicraniectomy, decreased range of motion shoulder - fracture, fracture, scapula, shoulder impingement, rotator cuff, injury (tear) face/nose - fracture, facial bone, fracture, orbit hand/finger - finger, finger, dislocation, fracture, finger sensory/speech - vertigo arterial/vascular - hemorrhage surgeries/treatment - open reduction, internal fixation, decompression surgery, tracheostomy/tracheotomy mental/psychological - mental/psychological, amnesia, anxiety, depression, cognition, impairment, memory, impairment pulmonary/respiratory - respiratory, pneumothorax, collapsed lung

Plaintiff(s) Philip Gallagher (Male, 50 Years), Mary Katherine Gallagher (Male) Plaintiff Attorney(s) Kenneth Sacks & David H. Mayer; Sacks & Sacks, LLP; New York, NY, for Philip Gallagher, Mary Katherine Gallagher Defendant(s) S. Donadic Inc., Scott N. Resnick, Coffey Contracting Inc. Facts & Allegations On April 23, 2009, plaintiff Philip Gallagher, 50, the owner of a business that produced masonry materials, visited a renovation site that was located at 293 W. Fourth St., in Manhattan. Gallagher intended to perform measurements that would allow proper creation of masonry materials that he had agreed to provide. During the course of that work, he fell off of the roof of a four-story structure. He plummeted about 10 feet, landed on a lower roof, and sustained injuries of his back, his face, a finger, his head, a lung, his neck, several ribs and a shoulder. Gallagher sued the premises’ owner, Scott Resnick, the renovation project’s general contractor, S. Donadic Inc., and a subcontractor that had been hired to perform masonry work, Coffey Contracting Inc. Gallagher alleged that the defendants violated the New York State Labor Law. He also alleged that the defendants negligently created a dangerous condition that caused his accident. Gallagher’s counsel ultimately discontinued the claim against Resnick. The matter proceeded against the remaining defendants. Gallagher claimed that his head’s injury caused amnesia that prevents his recollection of the events that led to the accident, but his counsel contended that the incident was a result of the defendants’ failure to provide proper equipment. Gallagher’s counsel contended that guardrails should have been installed around the perimeter of the roof, that the defendants provided an improperly constructed ladder that was too short to allow safe access to the roof and that a scaffold would have allowed safe access. They also contended that the defendants did not provide a safety harness, a hard hat, or any other device that could have prevented Gallagher’s fall and/or injuries. They claimed that the Occupational Safety and Health Administration investigated the accident and blamed a lack of similar equipment. Gallagher’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Gallagher was not provided the proper,

2013 TOP SETTLEMENTS NY

safe equipment that is a requirement of the statute. They also contended that the site was not properly safeguarded, as required by Labor Law 241(6). They further contended that the defendants violated Labor Law 200, which defines general safety requirements. Defense counsel noted that Labor Law 240(1) is not applicable to incidents that occur during routine maintenance or work that does not involve a significant alteration of a building, and they contended that simple measurement of a job site does not constitute a significant alteration of a building. Defense counsel also noted that Labor Law 241(6) is not applicable to incidents that occur during work that does not involve construction, demolition or excavation, and they argued that Gallagher’s accident did not occur during such work. Each party moved for summary judgment of liability. Judge Laura Lee Jacobson dismissed the claims that alleged violations of Labor Law 240(1) and 241(6), but she ruled that a jury would have to assess the remaining claims. Gallagher’s counsel appealed, and the appellate division, Second Department, reversed. The Second Department determined that the defendants were liable via application of Labor Law 240(1). The matter proceeded to damages. Injuries/Damages Gallag her sustained a fracture of his skull’s temporal bone; a fracture of an orbital bone, which forms an eye socket; fractures of transverse processes of his T4 and T5 vertebrae; a fracture of his right, dominant shoulder’s scapula; a tear of the same shoulder’s rotator cuff; a dislocation and fracture of his left hand’s forefinger; herniations of discs of his spine’s cervical and thoracic regions; and fractures of several ribs. One fractured rib caused a pneumothorax: the collapse of a lung. His head’s injuries resulted in hemorrhages and damage of his brain. He also developed impingement of his right shoulder. Gallagher was placed in an ambulance, and he was transported to a hospital. He immediately underwent a decompressive hemicraniectomy. After a week had passed, he underwent a tracheostomy and a percutaneous endoscopic gastrostomy, which involved the insertion of a tube that provided access to his stomach. His hospitalization lasted two weeks. On June 10, 2009, Gallagher underwent a cranioplasty. He also underwent open reduction and internal fixation of the fracture of his left hand’s forefinger. Gallagher claimed that his brain’s damage causes residual impairment of his attentiveness, his executive functions, his organizational skills, his memory and other elements of his cognition. He also claimed that he suffers retrograde amnesia, chronic headaches and vertigo. He undergoes neurological therapy. Gallagher further claimed that he suffers a severe residual diminution of his back’s range of motion, a severe residual diminution of his right shoulder’s range of motion, residual impairment of his respiration and severe limitation of his left hand’s ability to grasp objects. He also claimed that he is largely bedridden and works only sporadically. He undergoes pain management, but he claimed that he will likely require surgeries that could involve the removal of vertebrae and/or fusion of a portion of his spine. Gallagher also claimed that his residual effects caused anxiety and depression. He undergoes psychological therapy. Gallagher sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. His wife sought recovery of damages for loss of companionship, consortium and services. Defense counsel contended that Mr. Gallagher achieved a good recovery. They also contended that Gallagher can resume work. Result The parties negotiated a pretrial settlement. The defendants’ insurers agreed to pay a total of $6.2 million. Editor’s comment This report is based on court documents, information that was provided by plaintiffs’ counsel and information that was provided by S. Donadic’s counsel. Coffey Contracting’s counsel did not respond to the reporter’s phone calls, and Resnick’s counsel was not asked to contribute.

Number Eight Construction Accidents — Labor Law — Scaffolds and Ladders — Slips, Trips & Falls

Crane’s ladder slippery and dangerous, worker claimed AMOUNT $6,000,000 TYPE Settlement Case Stallone v. Plaza Construction Corp. VENUE New York County Supreme Court Judge Lucy A. Billings Date

May 9, 2013

Injury Type(s)

other - physical therapy shoulder - rotator cuff, injury (tear), subscapularis muscle, tear, shoulder, rotator cuff, injury (tear), supraspinatus muscle/tendon, tear

Plaintiff(s) Michelle Stallone (Male), Michael V. Stallone (Male, 45 Years) Plaintiff Attorney(s) David H. Perecman & Adam M. Hurwitz; The Perecman Firm, PLLC; New York, NY, for Michelle Stallone, Michael V. Stallone Paul W. Cutrone; Law Offices of Paul W. Cutrone; Douglaston, NY, for Michelle Stallone, Michael V. Stallone Plaintiff expert(s)

Ian Stein M.D.; Neurology; Great Neck, NY Marc Grusensky M.D.; Psychiatry; Commack, NY Mary English PT; Physical Therapy; Northport, NY David Payne M.D.; Radiology; New York, NY David Gazzaniga M.D.; Orthopedic Surgery; Newport Beach, CA Rajen Naidoo M.D.; Orthopedic Surgery; Loxahatchee, FL Kristin Kucsma M.A.; Economics; Livingston, NJ Richard Schuster Ph.D.; Vocational Rehabilitation; White Plains, NY Russell Warren M.D.; Orthopedic Surgery; New York, NY Jonathan Boxer M.D.; Internal Medicine; Huntington, NY

Defendant(s)

Related Cos. Inc., Related Cos. L.P., Abington Properties, Plaza Construction Corp., 17th and 10th Associates LLC, Taconic Investment Partners LLC, Livingston Electrical Associates Inc.

Facts & Allegations At about 5:20 a.m. on Feb. 6, 2007, plaintiff Michael Stallone, 45, a union-affiliated engineer who operated tower cranes, worked at a construction site that was located at 450 W. 17th St., in Manhattan. Stallone slipped while he was descending a ladder that was affixed to one side of a tower crane. He fell off of the ladder, plummeted some 14 feet and landed on a steel deck. He claimed that he sustained an injury of a shoulder. Stallone sued the construction project’s general contractor, Plaza Construction Corp.; a subcontractor that installed the crane’s electrical system, Livingston Electrical Associates Inc.; and the premises’ owners, 17th and 10th Associates LLC, Abington Properties, Taconic Investment Partners LLC, The Related Cos. Inc., and The Related Cos. L.P. He alleged that the defendants violated the New York State Labor Law. Stallone claimed that the accident was a result of cold, dark conditions. The crane and its ladder were typically heated and illuminated electrically, but the electrical system was not functioning at the time of the accident. Stallone also claimed that the ladder’s rungs were small and slippery. His counsel contended that the rungs should have been corrugated, dimpled or knurled or that a skid-resistant material should have been applied. Stallone further claimed that he was not provided a safety line or any other equipment that could have prevented his fall or his injuries. Stallone’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Stallone was not provided the proper, safe equipment that is a requirement of the statute. They also contended that the defendants failed to provide proper safeguards, as required by Labor Law 241(6), and that the defendants violated Labor Law 200, which defines general safety requirements. Defense counsel contended that the work site was reasonably safe and that the accident was a result of Stallone’s decision to descend the ladder during dark conditions. Injuries/Damages Stallone did not seek immediate medical attention, though he did not complete a full day of work. After 91 days had passed, he presented to a doctor. A subsequent MRI scan revealed that Stallone was suffering a partial tear of his left shoulder’s supraspinatus tendon, which is an element of the rotator cuff. Stallone claimed that the injury was a product of the accident. On Sept. 20, 2007, Stallone underwent arthroscopic surgery that addressed his left shoulder. The surgeon reported having observed a massive rupture of the rotator cuff, a tear of the rotator cuff’s subscapularis muscle, a tear of the supraspinatus tendon, and near-complete retraction of the tendons that covered the shoulder’s acromioclavicular and humeral components. The damage could not be repaired, so Stallone underwent a second surgery, a latissimus dorsi transfer, in which one of his chest’s muscles was reconfigured to provide support for his left shoulder. Stallone subsequently underwent about 36 months of physical therapy.

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-Continued from p17 Stallone claimed that he suffers residual pain and severe residual limitations that prevent his resumption of physical labor. He has not worked since September 2007. He also claimed that his residual effects hinder his performance of his everyday activities. Stallone sought recovery of past and future lost earnings and damages for past and future pain and suffering. His wife presented a derivative claim. Defense counsel contended that Mr. Stallone exaggerated the extent of his injuries and limitations. They also contended that Stallone aggravated his initial injury by continuing to work for several months. Result After the trial’s first day, the parties negotiated a settlement. Livingston Electrical Associates’ insurer agreed to pay $1,625,000, and the remaining defendants’ insurer agreed to pay $4,375,000. Thus, the settlement totaled $6 million. Editor’s comment This report is based on court documents and information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

Number Eight workplace Worker/Workplace Negligence — Transportation — Trucking

Improper loading of truck led to paralyzing injury, worker alleged AMOUNT $6,000,000 TYPE Case VENUE Judge

Mediated Settlement Chan v. Railex LLC Kings Supreme Court Allen Hurkin-Torres

Date

January 17, 2013

Injury Type(s)

neck - fracture, fracture, C5, fracture, vertebra, fracture, C5 paralysis/quadriplegia - quadriplegia

The direct defendants’ counsel contended that the pallets were properly wrapped. They claimed that the accident was a result of unloading that occurred at Top City Produce. They also claimed that Chan failed to exercise due caution. Injuries/Damages Chan sustained a burst fracture of his C5 vertebra. The injury resulted in permanent quadriplegia. Chan was placed in an ambulance, and he was transported to Bellevue Hospital Center, in Manhattan. He has been confined to a nursing facility since being released from the hospital. Chan sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. His wife presented a derivative claim. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Allen Hurkin-Torres, of Jams. Top City Produce’s insurers agreed to pay a total of $5,775,000; Railex’s insurer agreed to pay $150,000; and Leroy Dedicated Logistics’ insurers agreed to pay a total of $75,000. Thus, the settlement totaled $6 million. Chan also expects to recover lifelong workers’ compensation benefits. Editor’s comment This report is based on information that was provided by plaintiffs’ counsel, Leroy Dedicated Logistics’ counsel and Top City Produce’s counsel. Railex’s counsel did not respond to the reporter’s phone calls, and A&J Produce’s counsel was not asked to contribute.

Number Ten Motor Vehicle Bicycle

Intoxicated bicyclist struck by turning van. Police report adverse to plaintiff AMOUNT $5,600,000 TYPE Settlement Case Marca v. Andrew James Interiors VENUE Queens Supreme Court Judge Darrell L. Gavrin Date

January 16, 2013

Plaintiff(s) Wan Yuan Chan (Male, 49 Years), Kwan Ting Chan (Male, 50 Years)

Injury Type(s)

Brain injury; skull fractures; quadraplegia

Plaintiff Attorney(s) William J. Ryan; Lurie, Ilchert, MacDonnell & Ryan LLP; New York, NY

Plaintiff(s) Segundo Marca, as guardian of the person and property of Luis Marca

Defendant(s)

Railex LLC, A&J Produce Corp., Top City Produce Inc., Leroy Dedicated Logistics Inc.

Facts & Allegations On April 6, 2010, plaintiff Kwan Ting Chan, 50, a laborer, was unloading a tractor-trailer that was parked on Division Place, near its intersection at Morgan Avenue, in the East Williamsburg section of Brooklyn. During the course of the work, Chan’s head was struck by a box that had fallen off of a pallet. He sustained a paralyzing injury of his neck. Chan sued the tractor-trailer’s owner, Leroy Dedicated Logistics Inc.; the owner of the facility whose workers loaded the tractor-trailer, Railex LLC; and another entity that was believed to have been involved in the loading of the tractor-trailer, A&J Produce Corp. Chan alleged that the defendants were negligent in their loading of the tractor-trailer. He further alleged that the defendants’ negligence caused his accident. Chan’s counsel ultimately discontinued the claim against A&J Produce. The remaining defendants impleaded Chan’s employer, Top City Produce Inc. The first-party defendants alleged that Top City Produce’s workers were negligent in their unloading of the tractortrailer. The first-party defendants further alleged that Top City Produce’s negligence caused the accident. Chan’s counsel contended that the tractor-trailer contained several pallets, each of which supported 60 boxes with individual weights of about 30 pounds. He claimed that the boxes were supposed to be secured by plastic wrap and cardboard corner panels, but that one box fell off of a pallet and struck Chan. He also claimed that Leroy Dedicated Logistics failed to ensure that the pallets were properly secured within the truck. 18

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Plaintiff Attorney(s) Kenneth A. Wilhelm, New York, NY; The Law Office of Kenneth A. Wilhelm Defendant(s) Andrew James Interiors, Inc and Daniel Cardenas Facts & Allegations Plaintiff, guardian of the person and property of Luis Marca (Marca), sought damages for personal injuries sustained by Marca in an automobile accident allegedly caused by defendants’ negligence. Marca was riding a bicycle wearing a helmet when he was struck by a van owned by Andrew James Interiors and operated by its employee, Daniel Cardenas. Marca was removed from the scene of the accident to the hospital by ambulance. Marca sustained serious brain damage rendering him unable to speak. The Law Offices of Kenneth A. Wilhelm commenced suit on behalf of plaintiff in Queens Supreme Court (31734/2009) and ultimately secured a settlement of $5,600,000 on January 16, 2013. The police report stated: “Witness who is bicyclist’s brother states they were both traveling S/B (southbound) on Jun. Blvd. (Junction Boulevard) on their bikes when bicyclist made quick left causing him to be struck by vehicle 1.” A blood test administered at the hospital revealed injured plaintiff’s blood alcohol level exceeded the legal limit. The victim suffered severe brain damage and was rendered paraplegic as a result of the accident. The defense claimed that the victim did not wear a helmet. Mr. Wilhelm said his firm hired a biomechanical expert who determined that a helmet could not have prevented the victim’s injuries because it would not have extended down to cover the area of his skull that was fractured in the incident. “The expert also determined that the fracture in the back of the skull meant he was hit in the rear by a motor vehicle,” Wilhelm said. “The

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hospital record also showed no injuries to the left side of his body, which we said, would occur if the injured person had made a quick left in front of the van. If that were true, there would have been injuries to the left and also the right side of the body when he hit the ground.” Injuries/Damages The victim suffered severe brain damage and was rendered paraplegic as a result of the accident. Plaintiff’s biomechanical expert determined that a helmet could not have prevented the victim’s injuries because it would not have extended down to cover the area of his skull that was fractured in the incident. “The expert also determined that the fracture in the back of the skull meant he was hit in the rear by a motor vehicle,” Wilhelm said. “The hospital record also showed no injuries to the left side of his body, which we said, would occur if the injured person had made a quick left in front of the van. If that were true, there would have been injuries to the left and also the right side of the body when he hit the ground.” Result The case pending in Supreme Court, Queens County was settled for 5.6 million dollars which, plaintiff’s counsel reports, represents more than 93% of all available insurance. Editor’s comment This report is based on court documents, information that was provided by plaintiffs’ counsel.

Number Eleven Motor Vehicle Speeding — Passenger — Single Vehicle — Weather Conditions

Motorist not mindful of wet road, injured passenger claimed AMOUNT $5,500,000 TYPE Settlement Case Hodor v. Kooyker VENUE New York County Supreme Court Judge George Silver Date Injury Type(s)

May 30, 2013 knee - medial meniscus, tear neck - fracture, fracture, C5, fusion, cervical, fracture, vertebra, fracture, C5 other - bone graft, massage therapy, physical therapy, hardware implanted, decreased range of motion

Plaintiff(s) Michael Hodor (Male, 30 Years) Plaintiff Attorney(s) Paul J. Edelstein & Glenn K. Faegenburg; The Edelsteins, Faegenburg & Brown LLP; Brooklyn, NY Daniel A. Thomas; Law Offices of Daniel A. Thomas, P.C.; New York, NY Judah Z. Cohen; Law Office of Judah Z. Cohen, PLLC; New York, NY Plaintiff expert(s) Defendant(s)

John Bendo M.D.; Orthopedic Surgery; New York, NY Barry Root M.D.; Physical Medicine; Glen Cove, NY Robert Gotlin ; Physical Medicine; New York, NY Stuart Kahn M.D.; Physical Medicine; New York, NY Matthew Zepnick ; Investigation; New York, NY Willem Kooyker, Terence R. Kooyker

Facts & Allegations At about 1 a.m. on July 18, 2009, plaintiff Michael Hodor, 30, a technologist, was a passenger of a car that was being driven by Terence Kooyker, who was traveling on Amsterdam Avenue, near its intersection at West 72nd Street, in Manhattan. Kooyker lost control of the vehicle, and the vehicle mounted a sidewalk and struck a lamppost. Hodor claimed that he sustained an injury of his neck. Hodor sued Kooyker and the vehicle’s owner, Willem Kooyker. Hodor alleged that Terence Kooyker was negligent in the operation of his vehicle. Hodor further alleged that Willem Kooyker was vicariously liable for Terence Kooyker’s actions.

Hodor claimed that the accident occurred during wet conditions. He further claimed that Terence Kooyker was speeding and not exercising due caution. Kooyker claimed that he lost control while attempting to avoid a taxi that had veered into the immediate path of his car. Defense counsel attempted to invoke the emergency doctrine, which prevents the attachment of liability to motorists who reasonably and prudently respond to a sudden, unexpected emergency that necessitates a speedy reaction. Injuries/Damages Hodor was placed in an ambulance, and he was transported to New York-Presbyterian Hospital, in Manhattan. He underwent minor treatment. Hodor, who suffers skeletal dysplasia, commonly known as “dwarfism,” ultimately claimed that he sustained a fracture of his C5 vertebra. He also claimed that the injury caused instability of his spine’s C4-5 level. On Sept. 9, 2009, he underwent surgery that involved fusion of several levels of his spine’s cervical region, the implantation of stabilizing hardware and the application of a graft of bony matter. Hodor claimed that he was unable to perform any physical activities during the six months that followed the surgery. After having resumed physical activity, Hodor began to report that his knees were painful. An MRI scan revealed that he was suffering a tear of his right knee’s medial meniscus. Hodor’s dysplasia had caused severe degeneration of the knee, but Hodor claimed that the torn meniscus was a result of physical stress caused by the fracture of his spine. He subsequently underwent massage therapy, physical rehabilitation and physical therapy. Hodor did not work during the six months that followed his surgery. After a period in which he worked from his home, he returned to the office, though he claimed that he could not perform certain strenuous tasks. Hodor claimed that he suffers residual pain and a residual diminution of his neck’s range of motion. He further claimed that he requires additional treatment that could include surgery that would address his spine and/or his right knee. Hodor sought recovery of future medical expenses and damages for past and future pain and suffering. Defense counsel contended that Hodor’s fracture was a result of a congenital condition that predated the accident and had necessitated three prior fusions of Hodor’s spine. He claimed that Hodor’s post-accident surgery was an extension of the prior fusions and was not related to any trauma that Hodor may have sustained during the accident. He also contended that Hodor’s right knee’s tear was not related to the accident. Defense counsel further contended that Hodor achieved a good recovery. He claimed that Hodor has resumed all of his pre-accident work duties and that Hodor exaggerated the extent of his future medical needs. Result The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $5.5 million. Editor’s comment This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

Number Twelve Motor Vehicle Multiple Vehicle

Trucker’s inattentiveness led to fishtailing, accident, suit alleged AMOUNT $5,000,000 TYPE Settlement Case Aguilar v. Alonzo VENUE Kings Supreme Court Judge George Silver Date

April 25, 2013

Injury Type(s)

leg - fracture, fracture, femur, crush injury, leg chest - fracture, rib other - prosthesis, fracture, sacrum, physical therapy, pins/rods/screws, intramedullary fixation pelvis - fracture, pelvis amputation - leg, leg (below the knee) surgeries/treatment - open reduction, internal fixation pulmonary/respiratory - lung, puncture gastrointestinal/digestive - bowel/colon/intestine, perforation Plaintiff(s) Juan Sanchez (Male),

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Osmin Aguilar (Male, 30 Years)

Plaintiff Attorney(s) Lorenzo J. Tasso, Long Island City, NY, for Juan Sanchez, Osmin Aguilar Sharon A. Scanlan; Jacoby & Meyers; Newburgh, NY, for Juan Sanchez, Osmin Aguilar Plaintiff expert(s)

Jerry Lubliner M.D.; Orthopedics; New York, NY

Defendant(s)

Clara Alonzo, Osmin Aguilar, Auguste Shurland, Pai Trucking Corp., Juan Sanchez [defense], Juan Sanchez [liability], Salem Truck Leasing Inc.

Facts & Allegations On June 29, 2005, plaintiff Osmin Aguilar, 30, a trucker, was driving on the northbound side of the Van Wyck Expressway, in Queens. His truck collided with the rear end of a preceding truck that was being driven by plaintiff Juan Sanchez, who was braking to avoid a stopped vehicle that was being operated by Auguste Shurland. The impact crushed the cabin portion of Aguilar’s truck, which later struck a road barrier. Aguilar sustained injuries of a leg, his intestines, his lungs, his pelvis, his sacrum and several ribs. Aguilar sued Sanchez; the lessor of Sanchez’s truck, Salem Truck Leasing Inc.; Shurland; and the owner of Shurland’s vehicle, Clara Alonzo. Aguilar alleged that Sanchez and Shurland were negligent in the operation of their respective vehicles. Aguilar further alleged that the remaining defendants were vicariously liable for the actions of the drivers of their respective vehicles. In a subsequent filing in Queens County Supreme Court, Sanchez sued Aguilar and the owner of Aguilar’s truck, Pai Trucking Corp. Sanchez alleged that Aguilar was negligent in the operation of his vehicle. Sanchez further alleged that Pai Trucking was vicariously liable for Aguilar’s actions. The cases were consolidated in Kings County Supreme Court, but Sanchez’s claim was ultimately dismissed. Aguilar claimed that Sanchez’s vehicle fishtailed and initiated the collision. His counsel contended that Sanchez was not maintaining a proper lookout or due caution. Aguilar also claimed that Shurland had stopped on the expressway after being involved in a collision with another vehicle. Aguilar’s counsel contended that Shurland should have driven onto the expressway’s shoulder. Sanchez claimed that Shurland stopped suddenly and unexpectedly. Sanchez’s counsel attempted to invoke the emergency doctrine, which prevents the attachment of liability to motorists who reasonably and prudently respond to a sudden, unexpected emergency that necessitates a speedy reaction. Sanchez also claimed that Aguilar failed to exercise due caution, and he denied having initiated the collision with Aguilar’s truck. Sanchez’s accident-reconstruction expert agreed that Aguilar caused the collision. Shurland claimed that he suddenly stopped when another motorist veered into his immediate path. He also claimed that he attempted to drive onto the expressway’s shoulder. Injuries/Damages Aguilar sustained crush-induced fractures and injuries of the lower portion of his left leg, a fracture of the same leg’s femur, fractures of his pelvis, a fracture of his sacrum, and fractures of several ribs. He also sustained puncture wounds of his intestines and lungs. Aguilar was placed in an ambulance, and he was transported to New York Hospital Queens, in the Flushing section of Queens. He underwent immediate surgery that was intended to save the lower portion of his left leg, but the procedure was not successful. During the ensuing day, he underwent a below-the-knee amputation of the leg. His left femur’s fracture was addressed via open reduction and the internal fixation of an intramedullary rod. His hospitalization lasted about four weeks, and he subsequently underwent about four weeks of inpatient physical rehabilitation and therapy. Aguilar received a prosthetic device for his left leg, and, some 13 months after the accident, he resumed trucking. He quit about two years later, and he worked sporadically thereafter. Aguilar sought recovery of damages for past and future pain and suffering. Result The jury rendered a mixed verdict: It found that Sanchez was liable for the accident, and liability was not assigned to Alonzo or Shurland. During the fourth day of the trial’s damages phase, the parties negotiated a settlement. Sanchez’s primary insurer tendered its policy, which provided $1 million of coverage, and Sanchez’s excess insurer agreed to pay $4 million. Thus, the settlement totaled $5 million.

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Editor’s comment This report is based on information that was provided by the attorney who handled Aguilar’s suit and by Sanchez’s defense counsel. Counsel of Alonzo and Shurland did not respond to the reporter’s phone calls, and the remaining attorneys were not asked to contribute.

Number Twelve Motor Vehicle Wrongful Death — Head-On — Center Line — Driver Fatigue — Multiple Impact — Multiple Vehicle

Tired trucker crossed line, caused fatal crash, suit alleged AMOUNT $5,000,000 TYPE Settlement Case Estate of Burgio v. Leroy Holding Co. Inc. VENUE Niagara County Supreme Court Judge Ralph A. Boniello III Date Injury Type(s)

May 7, 2013 hip - fracture, hip leg - fracture, fracture, femur back - fracture, fracture, L4, fracture, T1, fracture, T2, fracture, T3, fracture, T4, fracture, T5, fracture, vertebra, fracture, L4, fracture, T1, fracture, T2, fracture, T3, fracture, T4, fracture, T5 head - ear, eardrum, perforation, fracture, skull, TMJ/ temporomandibular joint neck - fracture, fracture, C5, fracture, C6, fracture, C7, fracture, vertebra, fracture, C5, fracture, C6, fracture, C7 brain - coma, brain damage, traumatic brain injury chest - fracture, rib other - death, laceration, physical therapy, comminuted fracture, fracture, displaced wrist - fracture, wrist dental - dental, fractured teeth pelvis - fracture, fracture, pubic ramus shoulder - fracture, fracture, scapula, fracture, clavicle, rotator cuff, injury (tear), subscapularis muscle, tear epidermis - degloving face/nose - fracture, nose, fracture, septum, facial laceration, fracture, facial bone, fracture, sinus hand/finger - fracture, finger arterial/vascular - artery, severed/tear surgeries/treatment - open reduction, internal fixation mental/psychological - zone of danger, cognition, impairment

Plaintiff(s) Ashley C. Burgio (Male, 22 Years), Jillian M. Burgio (Male, 17 Years), Estate of Rosanne M. Burgio (Male, 49 Years) Plaintiff Attorney(s) John J. Fromen Jr.; John J. Fromen Attorneys At Law, P.C.; Buffalo, NY Plaintiff expert(s)

Christopher Puckett ; Accident Reconstruction; Buffalo, NY

Defendant(s)

James V. Nessia, City of Lockport, Roger F. LaRoach, Casa Imports Inc., Leroy Holding Co. Inc., Toyota Motor Credit Corp., Estate of Randall P. Burgio

Facts & Allegations On Sept. 4, 2007, plaintiff Ashley Burgio, 22, a student, her sister, plaintiff Jillian Burgio, 17, a student, and their mother, plaintiff’s decedent Rosanne Burgio, 49, a salon’s owner, were passengers of a sport utility vehicle that was being driven by Rosanne Burgio’s husband, Randall Burgio, who was traveling on the northbound side of Niagara Falls Boulevard, near its intersection at Ward

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Road, in the city of Niagara Falls. The Burgios’ sport utility vehicle was involved in a head-on collision with a southbound tractor-trailer that was being driven by James Nessia. The SUV spun, and it was struck by a southbound sanitation truck that was being driven by Roger LaRoach. Randall and Rosanne Burgio sustained fatal injuries. Ashley Burgio sustained injuries of her back, her head, her jaw, her neck, several ribs, several teeth and her shoulders. Jillian Burgio sustained injuries of her back, an eardrum, her face, a finger, her head, a hip, her nose, her pelvis, several teeth and a wrist. Ashley Burgio, Jillian Burgio and their mother’s estate sued Mr. Burgio’s estate; the lessor of Mr. Burgio’s vehicle, Toyota Motor Credit Corp.; Nessia; the owners of Nessia’s tractor-trailer, Casa Imports Inc. and Leroy Holding Co. Inc.; LaRoach; and the owner of LaRoach’s truck, the city of Lockport. The plaintiffs alleged that Mr. Burgio, Nessia and LaRoach were negligent in the operation of their respective vehicles. The plaintiffs further alleged that Toyota Motor Credit was vicariously liable for Mr. Burgio’s actions, that Casa Imports and Leroy Holding were vicariously liable for Nessia’s actions, and that the city of Lockport was vicariously liable for LaRoach’s actions. Toyota Motor Credit was dismissed. The matter proceeded against the remaining defendants. Plaintiffs’ counsel claimed that Nessia crossed Niagara Falls Boulevard’s center line and initiated the first collision. He contended that Nessia may have been fatigued, given that Nessia was concluding a 12-hour-long delivery shift when the collision occurred. He also noted that Nessia possessed less than 12 months of experience operating a tractor-trailer, and he contended that the accident may have been a result of Nessia’s inexperience. Jillian Burgio reported that she saw the rig approaching her father’s SUV on the wrong side of the road. Plaintiffs’ counsel also claimed that the second collision was a result of LaRoach having tailgated Nessia’s rig. A witness agreed that LaRoach was closely following the rig. The plaintiffs’ expert engineer opined that LaRoach would have been able to avoid the plaintiffs’ SUV if he had been maintaining a safe following distance. The plaintiffs’ accident-reconstruction expert submitted a report in which he expressed a similar opinion. LaRoach claimed that he was not tailgating. LaRoach’s counsel contended that LaRoach prudently responded to a sudden, unexpected emergency that necessitated a speedy reaction. Nessia contended that Mr. Burgio crossed Niagara Falls Boulevard’s center line and initiated the collision. His counsel submitted a report that was created by a police officer who investigated the accident. The report indicated that Burgio crossed the center line. Injuries/Damages Ashley Burgio sustained open, depressed fractures of her skull; fractures of her C5, C6, C7 and L4 vertebrae; a comminuted fracture of her right, dominant shoulder’s scapula; a tear of the same shoulder’s subscapularis tendon, which is an element of the rotator cuff; a fracture of her left shoulder’s clavicle; and fractures of seven ribs. Her head’s injury caused damage of her brain. She also sustained lacerations of arteries of her brain, dislocations of several teeth, an injury of her jaw’s temporomandibular joint, and miscellaneous avulsions and lacerations. Burgio was placed in an ambulance, and she was transported to Erie County Medical Center, in Buffalo. She underwent open surgery that addressed the injuries of her skull and brain. The procedure included reduction and internal fixation of her skull’s fractures. Her hospitalization lasted about 30 days. She subsequently underwent physical rehabilitation and therapy. Burgio claimed that she suffers residual pain and residual impairment of her cognition. She also claimed that her brain’s damage caused behavioral changes. She sought recovery of a total of $4.5 million for past pain and suffering, future pain and suffering, and zoneof-danger damages that stemmed from the trauma of seeing her parents die. Jillian Burgio sustained a fracture of her skull; a degloving laceration of her scalp; other lacerations of her head; fractures and lacerations of her face and nose, including fractures of her maxillary sinuses and nasal septum; a perforation of her left eardrum; and fractures of several teeth. Her head’s injuries caused damage of her brain and a resultant coma. Burgio also sustained fractures of her T1, T2, T3, T4 and T5 vertebrae; a comminuted, displaced fracture of her right hip’s femur; an avulsion fracture of her pelvis’s pubic symphysis; a fracture of her pelvis’s left inferior pubic ramus; a fracture of her pelvis’s right superior pubic ramus; a fracture of her left, nondominant hand’s fifth finger; and fractures of her left wrist’s navicular bone, scaphoid bone and radial styloid process, which is a projection that arises from the edge of the wrist’s radius bone. Burgio was placed in an ambulance, and she was transported to Erie County Medical Center. She underwent open reduction and internal fixation of the fractures of her face and right hip. Her hospitalization lasted about 30 days. She subsequently underwent physical rehabilitation and therapy. Burgio claimed that she suffers residual pain and residual impairment of her cognition. She also claimed that her brain’s damage caused behavioral changes. She contended that she cannot endure prolonged periods in which she is standing and that, as a result, she had to abandon her intention to pursue a career as a hairstylist. Burgio sought recovery of a total of $5.55 million for past pain and suffering, future pain and suffering, and zone-of-danger damages that stemmed from the trauma of seeing her parents die. Rosanne Burgio sustained a fatal injury. She died immediately.

Burgio, 49, was survived by her daughters. Burgio’s estate sought recovery of wrongfuldeath damages that included a total of $1.9 million for past and future loss of earnings and household services, $2 million for her daughters’ loss of parental guidance, and $750,000 for her pre-death terror. Defense counsel contended that Ashley and Jillian Burgio achieved remarkable recoveries. Result The parties negotiated a pretrial settlement. Casa Imports’ primary insurer tendered its policy, which provided $1 million of coverage; Casa Imports’ excess insurer agreed to pay $4 million; Mr. Burgio’s insurer agreed to pay $300,000; and the city of Lockport’s insurer agreed to pay $700,000, from a policy that provided $1 million of coverage. Thus, the settlement totaled $5 million. Ashley and Jillian Burgio will split the money that remains after the payment of fees and costs. Mr. Burgio’s estate commenced a separate action against LaRoach, the city of Lockport, Nessia, Casa Imports and Leroy Holding. That case was discontinued as a condition of the settlement of the instant matter. Editor’s comment This report is based on an article that was published by The Buffalo News, information that was provided by plaintiffs’ counsel, and information that was provided by counsel of Casa Imports, the city of Lockport, Leroy Holding and Nessia. Counsel of Randall Burgio’s estate declined to contribute.

Number Fourteen workplace Workplace Safety — Slips, Trips & Falls — Fall from Height — Worker/Workplace Negligence

Fall through shelf caused disabling injuries, worker claimed AMOUNT $4,650,000 TYPE Settlement Case Muriqi v. Charmer Industries Inc. VENUE Bronx Supreme Court Judge Mitchell J. Danziger Date

April 16, 2013

Injury Type(s)

hip - labrum, tear (hip) back - fusion, lumbar, herniated disc, lumbar, herniated disc at L4-5 chest - fracture, rib other - necrosis, SLAP lesion/tear, physical therapy shoulder - glenoid labrum, tear, rotator cuff, injury (tear) surgeries/treatment - arthroscopy, debridement, decompression surgery

Plaintiff(s) Enver Muriqi (Male, 38 Years) Plaintiff Attorney(s) Daniel P. O’Toole & Scott Occhiogrosso; Block, O’Toole & Murphy, LLP; New York, NY, for Enver Muriqi Plaintiff expert(s)

Alan Leiken Ph.D.; Economics; Stony Brook, NY Andrew Merola M.D.; Orthopedic Surgery; Astoria, NY Joseph Carfi M.D.; Physical Medicine; New Hyde Park, NY

Defendant(s) Charmer Industries Inc., P & P Construction and Painting Corp. Facts & Allegations On Sept. 17, 2008, plaintiff Enver Muriqi, 38, a construction worker, worked at a warehouse that was located at 1950 48th St., in the Astoria section of Queens. The warehouse was being renovated, and Muriqi was removing pipes that were situated beneath the building’s ceiling. He claimed that he fell off of a shelf while he was attempting to access one of the pipes. He contended that he fell some 10 feet, landed on a lower shelf and sustained injuries of his back, a hip, several ribs and a shoulder. Muriqi sued the premises’ owner, Charmer Industries Inc., and the renovation project’s general contractor, P & P Construction and Painting Corp. Muriqi alleged that the defendants violated the New York State Labor Law.

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Number Fifteen

-Continued from p21 Muriqi claimed that he had not been provided a scaffold, a ladder or any other safe means of accessing the pipes that had to be removed. He contended that a set of shelves provided the only access to the pipes. He claimed that a portion of the top shelf had been removed and replaced by cardboard, and he contended that he fell when he stepped onto the cardboard. Muriqi’s counsel claimed that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Muriqi was not provided the proper, safe equipment that is a requirement of the statute. Defense counsel challenged Muriqi’s credibility. They contended that Muriqi could not produce a witness to corroborate the manner in which the accident occurred, and they claimed that he described an alternate scenario to a doctor who treated his resultant injuries. Muriqi’s counsel moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages. Injuries/Damages Muriqi attempted to return to his home, but he summoned an ambulance before reaching his destination. He was transported to a hospital, where doctors determined that he was suffering fractures of several ribs. Muriqi claimed that the fractures were a result of the accident. He was prescribed painkillers, and he was discharged with instructions to present to his doctor. Muriqi claimed that he also sustained a herniation of his L4-5 intervertebral disc, a tear of his left hip’s labrum, a tear of his left, dominant shoulder’s rotator cuff and a tear of the superior aspect of the same shoulder’s glenoid labrum. The latter injury is commonly termed a “SLAP lesion.” Muriqi contended that he was bedridden during the six weeks that followed the accident. He initially underwent physical therapy, but he claimed that the treatment did not resolve his pain. On Nov. 5, 2009, he underwent arthroscopic surgery that addressed his left hip. The procedure included delamination of cartilage, debridement of necrotic tissue, decompression of the hip’s joint and an osteoplasty, which involved a repair of the hip’s femoral component. On Feb. 27, 2012, he underwent arthroscopic surgery that addressed his left shoulder. The procedure included a repair of the shoulder’s labrum, decompression of the shoulder’s subacromial region and debridement of necrotic tissue. On May 30, 2012, he underwent fusion of his spine’s L4-5 level. Muriqi claimed that his pain persists. He undergoes physical therapy several times a week. He also undergoes pain management. He contended that his treatment will continue indefinitely. He claimed that his pain prevents his resumption of work and many of his everyday chores. Muriqi’s treating orthopedist submitted a report in which he opined that Muriqi will require additional fusion of his spine’s lumbar region and fusion of a portion of the spine’s cervical region. The doctor also opined that Muriqi’s condition may decline to a level that necessitates Muriqi’s use of a motorized scooter. Muriqi sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. Defense counsel did not dispute that Muriqi sustained fractures of ribs, but they contended that the fractures resolved without residual effects. They claimed that the remaining injuries were not related to the accident. The defense’s expert orthopedist submitted a report in which he opined that Muriqi’s left hip’s injury was a degenerative condition that predated the accident. He also opined that Muriqi’s spinal injury was nothing more than a sprain and/or strain and that the injury has resolved. The defense’s expert neurologist submitted a report in which he opined that a physical examination indicated that Muriqi exaggerated the residual effects of his injuries. Result The parties negotiated a pretrial settlement. P & P Construction and Painting’s insurer agreed to pay $3.9 million, and Charmer Industries’ insurer agreed to pay $750,000. Thus, the settlement totaled $4.65 million. Editor’s comment This report is based on information that was provided by plaintiff’s and defense counsel.

Verdict Resources Access our easy-to-use verdict and settlement database.

www.verdictsearch.com 22

VerdictSearch’s Top New York Settlements of 2013

workplace Workplace Safety — Slips, Trips & Falls — Fall from Height — Worker/Workplace Negligence

Proper equipment would have prevented fall, worker claimed AMOUNT $4,500,000 TYPE Settlement Case Cruz-Acosta v. 15 Fort Washington Avenue Housing Development Fund Corp. VENUE Bronx Supreme Court Judge Robert E. Torres Date Injury Type(s)

January 16, 2013 back - fracture, vertebra, herniated disc, lumbar head - fracture, skull knee - knee derangement, anterior cruciate ligament, tear neck - fracture, vertebra, herniated disc, lumbar chest - fracture, rib other - lysis, adhesions, resection, facetectomy, physical therapy, reconstructive surgery, foraminectomy/foraminotomy shoulder - shoulder face/nose - fracture, jaw, fracture, mandible, fracture, facial bone, fracture, mandible sensory/speech - vision, impairment, hearing, partial loss of surgeries/treatment - arthroscopy, debridement, laminectomy, laminectomy, lumbar, decompression surgery mental/psychological - depression

Plaintiff(s) Ruben Cruz-Acosta (Male, 31 Years) Plaintiff Attorney(s) Jacob Oresky; Jacob Oresky & Associates, PLLC; Bronx, NY Defendant(s)

14K Management Inc., Expo Development Corp., Shamas Construction Co. Inc., 15 Fort Washington Avenue Housing Development Fund Corp.

Facts & Allegations On Sept. 7, 2006, plaintiff Ruben Cruz-Acosta, 31, a construction worker, worked at a renovation site that was located at 15 Fort Washington Ave., in Manhattan. Cruz-Acosta was instructed to repair the brick exterior of a highrise building, and the task necessitated his use of a rope-suspended scaffold. The scaffold tipped when Cruz-Acosta stepped onto it, and he fell off of the device. He plummeted six stories, and he landed on a sidewalk. He sustained injuries of his back, his face, his head, his jaw, a knee, a rib and his shoulders. Cruz-Acosta sued the premises’ owner, 15 Fort Washington Avenue Housing Development Fund Corp.; the premises’ manager, 14K Management Inc., which was also the project’s general contractor; and a subcontractor that hired him, Expo Development Corp. Cruz-Acosta alleged that the defendants violated the New York State Labor Law. The defendants impleaded Cruz-Acosta’s employer, Shamas Construction Co. Inc. The first-party defendants alleged that Shamas Construction controlled and directed CruzAcosta’s actions. They sought contractual indemnification. Cruz-Acosta claimed that he was not provided a harness, a lifeline or any other equipment that could have prevented his fall. Plaintiff’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Cruz-Acosta was not provided the proper, safe equipment that is a requirement of the statute. Defense counsel contended that a harness and lanyard had been provided, but that Cruz-Acosta declined to use the devices. They also contended that Cruz-Acosta should not have stepped onto the scaffold until a co-worker had confirmed that the scaffold was secure. Injuries/Damages Cruz-Acosta sustained a fracture of his mandible, other fractures of his face and skull; a fracture of a vertebra of his spine’s lumbar region; a herniation of an intervertebral disc of his spine’s lumbar region; internal derangement of his left knee; a partial tear of the same knee’s anterior cruciate ligament; a fracture of a rib; and injuries of his shoulders.

2013 TOP SETTLEMENTS NY

Cruz-Acosta was placed in an ambulance, and he was transported to a hospital. He underwent reconstructive surgery that addressed the fractures of his face, and his hospitalization lasted more than a week. On Oct. 23, 2007, Cruz-Acosta underwent arthroscopic surgery that addressed his left, nondominant arm’s shoulder. The procedure included decompression of the shoulder’s subacromial region, resection of the distal region of the shoulder’s clavicle, lysis of adhesions and the debridement of damaged tissue. On April 30, 2008, Cruz-Acosta underwent arthroscopic surgery that addressed his left knee. On June 10, 2008, Cruz-Acosta underwent arthroscopic surgery that addressed his right arm’s shoulder. The procedure included decompression of the shoulder’s subacromial region, resection of the distal region of the shoulder’s clavicle, lysis of adhesions and the debridement of damaged tissue. On Jan. 12, 2010, Cruz-Acosta underwent decompressive surgery that addressed the injuries of his spine. The procedure included laminectomies, which involved the partial excision of his L4 and L5 vertebrae; a facetectomy, which involved the decompression of a root of a spinal nerve; and a foraminotomy, which involved the enlargement of passages that house spinal nerves. Cruz-Acosta has also undergone physical therapy and rehabilitation since the conclusion of his hospitalization. He claimed that he suffers significant residual pain and discomfort, and he contended that he regularly uses painkilling patches. He also claimed that he has experienced blurring of his vision, depression, impairment of his audition, nightmares and sleeplessness. He contended that he cannot resume work, and he also contended that he will require residential assistance and extensive surgery. Cruz-Acosta sought recovery of $278,250.91 for past medical expenses, $7,656,370 to $8,154,422 for future medical and residential-care expenses, $120,744 for past lost earnings, $1,517,100 for future lost earnings, and damages for past and future pain and suffering. Defense counsel contended that Cruz-Acosta exaggerated the extent of his injuries. They claimed that he can resume work and that he may not need additional surgery. Result The parties negotiated a pretrial settlement. Expo Development’s insurer agreed to pay $1 million; 15 Fort Washington’s insurer agreed to pay $1 million; 14K Management’s primary insurer agreed to pay $1 million; and 14K Management’s excess insurer agreed to pay $1.5 million. Thus, the settlement totaled $4.5 million. Editor’s comment This report is based on information that was provided by plaintiff’s counsel and counsel of 14K Management, 15 Fort Washington Avenue Housing Development Fund and Expo Development. Shamas Construction’s counsel did not respond to the reporter’s phone calls.

Number Sixteen workplace Worker/Workplace Negligence — Slips, Trips & Falls — Fall from Height — Labor Law

Worker fell out of truck, injured brain, spine, shoulder AMOUNT $4,300,000 TYPE Case VENUE Judge

Mediated Settlement Geiger v. Consolidated Edison Co. of New York Corp Development Fund Corp. New York County Supreme Court Robert Adams

Date

March 1, 2013

Injury Type(s)



back - fracture, fracture, L2, fracture, L3, fracture, L4, fracture, L5, fracture, T3, fracture, T4, fracture, T8, fracture, T9, fracture, T10, fracture, T11, fracture, vertebra, fracture, L2, fracture, L3, fracture, L4, fracture, L5, fracture, T3, fracture, T4, fracture, T8, fracture, T9, fracture, T10, fracture, T11, fracture, spinous process, fracture, transverse process, lumbar disc, damage (non-herniation) head - head neck - fusion, cervical, fracture, vertebra, fracture, spinous process, fracture, transverse process, herniated disc, cervical, herniated disc at C5-6 brain - brain damage, subdural hematoma, traumatic brain injury, diffuse axonal brain injury chest - fracture, rib



other - fracture, sacrum, physical therapy, epidural injections, compression fracture, decreased range of motion shoulder - fracture, fracture, scapula, glenoid labrum, tear, rotator cuff, injury (tear) surgeries/treatment - discectomy mental/psychological - emotional distress, cognition, impairment, memory, impairment

Plaintiff(s) Michael Geiger (Male, 45 Years) Plaintiff Attorney(s) Kenneth Sacks & David H. Mayer; Sacks & Sacks; New York, NY Defendant(s) Consolidated Edison Company of New York Inc. Facts & Allegations On June 30, 2010, plaintiff Michael Geiger, 45, a timberman, worked at an excavation site that was located on West 37th Street, alongside its intersection at Seventh Avenue, in Manhattan. Workers were removing a 600-pound steel frame. The object was attached to a backhoe, lifted and placed in the cargo area of a dump truck, but it became stuck in the truck. Geiger ascended a pair of railings that were attached to the side of the truck, stood atop a load of wood planks that had previously been loaded into the truck and attempted to free the frame. He fell out of the truck, plummeted about 12 feet and landed on a concrete walkway. The frame fell onto him. He claimed that he sustained injuries of his back, his head, his neck, several ribs, his sacrum and a shoulder. Geiger sued the site’s owner, Consolidated Edison Company of New York Inc. He alleged that Consolidated Edison violated the New York State Labor Law. Geiger claimed that he was instructed to climb into the truck’s bed and free the frame. He contended that the backhoe’s operator loosened the chain that was securing the frame and that the frame snapped toward him and knocked him out of the truck. Geiger’s counsel contended that Geiger should not have been directed to enter the truck’s bed. They also contended that the frame should have been broken into smaller, more manageable parts before being loaded into the truck. Alternatively, they contended that the frame should have been guided via use of a “tag line,” which is the basic equivalent of a leash that allows a worker’s control of a hoisted object. They claimed that the accident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Geiger was not provided the proper, safe equipment that is a requirement of the statute. Defense counsel contended that Geiger independently decided to climb into the truck’s bed, rather than using one of several ladders that were available. A witness reported that Geiger was not struck by the frame; that Geiger simply lost his balance, grabbed the frame to secure himself and fell out of the truck. Defense counsel also contended that the accident was not a result of an elevationrelated hazard but horizontal movement of the hoisted frame. Geiger’s counsel moved for summary judgment of liability, but the motion was denied. Injuries/Damages Geiger was transported to a hospital, where he underwent about 14 days of observation and treatment. Geiger ultimately claimed that he sustained an injury of his head; compression fractures of his T3 and T4 vertebrae; fractures of the spinous processes of his T8, T9, T10 and T11 vertebrae; fractures of transverse processes of his L2, L3, L4 and L5 vertebrae; a fracture of his sacrum; fractures of several ribs; a herniation of his C5-6 intervertebral disc; compression of his L4-5 and L5-S1 discs; a comminuted fracture of his left shoulder’s scapula; a tear of the same shoulder’s glenoid labrum; and a tear of the same shoulder’s rotator cuff. His head’s injury caused a subdural hematoma and a diffuse axonal injury, which involves widespread lesions of the brain’s white matter. Geiger claimed that he was bedbound during the six months that followed the accident. In March 2011, he underwent surgery that included a discectomy, which involved the excision of his C5-6 disc, and fusion of the corresponding level of his spine. He also underwent the administration of epidural injections of steroid-based painkillers and about three years of physical therapy. Geiger claimed that his surgery resolved some of his neck’s pain. He contended that his back and left shoulder are also painful and that he suffers a residual diminution of his left shoulder’s range of motion. He claimed that he must undergo fusion of a portion of his spine’s lumbar region. He also contended that his brain’s injury resulted in changes of his behavior, impairment of his memory and emotional distress. He contended that his residual injuries prevent his resumption of work. Geiger sought recovery of a total of $10 million for past and future medical expenses, past and future lost earnings, and past and future pain and suffering. His wife presented a derivative claim. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Robert Adams, of National Arbitration and Mediation Inc. Consolidated Edison’s insurer agreed to pay $4.3 million.

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-Continued from p23

several times a day and that sand and salt had been applied to the road shortly before the accident.

Editor’s comment This report is based on court documents, information that was provided by plaintiffs’ counsel and information that was provided by defense counsel.

Injuries/Damages Wallner sustained a depressed fracture of her skull’s frontal bone, a fracture of her nose, a fracture of her nasal septum, a fracture of an orbit, which is a lower component of an eye’s socket, a fracture of each supraorbital rim, which is an upper component of an eye’s socket, and a fracture of a zygomatic arch, which is the prominence of a cheek. Wallner was placed in an ambulance, and she was transported to Westchester Medical Center, in Valhalla. She underwent closed reduction of the fractures of her nose and nasal septum, open reduction and internal fixation of the fractures of her frontal bone and supraorbital rims, elevation of the depressed area of her skull, a ventriculostomy, which involved the drainage of brain fluid, a tracheotomy and a gastrostomy, which involved the insertion of a tube that provided access to her stomach. Wallner’s hospitalization lasted until Jan. 5, 2011, when she was transferred to a rehabilitative facility. After 19 days had passed, she was returned to the hospital. Her hospitalization concluded on Feb. 4, 2011. Wallner claimed that her head’s injury caused damage of her brain and resultant impairment of her memory and other elements of her cognition, that her abdomen remains painful, that her residual effects are permanent, and that they prevent her resumption of work. She also claimed that she cannot operate a motor vehicle. Wallner sought recovery of past and future lost earnings and damages for past and future pain and suffering. The defense’s vocational-rehabilitation expert submitted a report in which he opined that Wallner can obtain employment that would provide earnings that would approximate her pre-accident earnings. The defense’s expert neurologist examined Wallner and concluded that Wallner does not experience neurological deficits related to the accident.

Number Seventeen Motor Vehicle Roadways — Dangerous Condition — Government

County, town ignored recurrent road hazard, plaintiff claimed AMOUNT $4,000,000 TYPE Settlement Case Wallner v. County of Ulster VENUE Ulster County Supreme Court Judge Gerald W. Connolly Date

July 31, 2013

Injury Type(s)

head - fracture, skull brain - brain damage, traumatic brain injury other - gastrostomy, ventriculostomy, closed reduction abdomen - abdomen face/nose - fracture, nose, fracture, septum, fracture, facial bone, fracture, orbit, fracture, cheekbone, fracture, zygomatic arch surgeries/treatment - open reduction, internal fixation, tracheostomy/ tracheotomy mental/psychological - cognition, impairment, memory, impairment



Result During the selection of a jury, the parties negotiated a settlement. Ulster County agreed to pay $3.9 million, and the town of Rosendale agreed to pay $100,000. Thus, the settlement totaled $4 million. Editor’s comment This report is based on information that was provided by plaintiff’s counsel and the settling defendants’ counsel. Arif’s counsel was not asked to contribute.

Number Eighteen

Plaintiff(s) Jessica L. Wallner (Male, 25 Years)

Motor Vehicle

Plaintiff Attorney(s) Terrence E. McCartney; Rheingold, Valet, Rheingold, McCartney & Giuffra LLP; New York, NY, for Jessica L. Wallner

Pedestrian — Railroad Accident — Railroad Crossing — Tractor-Trailer

Plaintiff expert(s)

L. McCracken Jr., P.E.; Accident Reconstruction; Raleigh, NC Anila Thomas ; Neurology; Valhalla, NY Thomas Cullinan Ph.D.; Neuropsychology; Williamsport, PA Kenneth Reagles Ph.D.; Vocational Rehabilitation; Syracuse, NY Nicholas Bellizzi ; Accident Reconstruction; Holmdel, NJ

Defendant(s) Ulster County, Razwaan M. Arif, Town of Rosendale Facts & Allegations On Dec. 8, 2010, plaintiff Jessica Wallner, 25, a customer-service clerk, was driving on the westbound side of Creek Locks Road, near its intersection at Webster Lock Road, in Rosendale. Her vehicle skidded off of the road and flipped into a ditch. Wallner sustained injuries of her face, her head and her nose. Wallner sued the adjoining premises’ owner, Razwaan Arif; Creek Locks Road’s owner, the town of Rosendale; and the road’s maintainer, Ulster County. Wallner alleged that Arif was negligent in the maintenance of his premises, that the remaining defendants were negligent in their maintenance of the road and that the defendants’ negligence created a dangerous condition that caused her accident. Wallner claimed that her vehicle skidded on sand and water that had drained off of Arif’s driveway, onto the street. One of Wallner’s accident-reconstruction experts, Nicholas Bellizzi, submitted a report in which he opined that the runoff created a hazardous condition on the road. Wallner’s counsel contended that the defendants had conducted inspections of recurrent runoff and had attempted several repairs of the problem. As such, he claimed that the defendants had actual and constructive notice of the hazard that caused Wallner’s accident. The defense’s expert engineer submitted a report in which he opined that Wallner was maintaining an excessive speed, given the curving nature of the road in the area in which the accident occurred. Ulster County’s counsel contended that Wallner could not prove that her accident was a result of any specific condition of the road. He also contended that Ulster County employees inspect the subject area of Creek Locks Road 24

VerdictSearch’s Top New York Settlements of 2013

Samaritan hurt when train hit and toppled disabled rig AMOUNT $3,925,000 TYPE Case VENUE Judge

Mediated Settlement Young v. Singh Queens Supreme Court Hon. Allen Hurkin-Torres

Date

February 1, 2013

Injury Type(s)

arm - fracture, fracture, ulna, fracture, radius, fracture, humerus hip - fracture, hip, fracture, acetabulum back - fracture, vertebra, fracture, transverse process neck - fracture, vertebra, fracture, transverse process chest - fracture, rib other - plate, diastasis, fracture, sacrum, physical therapy, pins/rods/ screws, comminuted fracture, fracture, displaced, decreased range of motion, occlusion, brachial artery wrist - wrist pelvis - fracture, fracture, pubic ramus shoulder - fracture, shoulder surgeries/treatment - open reduction, external fixation, internal fixation

Plaintiff(s) Courtney L. Young (Male, 44 Years) Plaintiff Attorney(s) Stephen J. Murphy & Christina Mark; Block O’Toole & Murphy, LLP; New York, NY, for Courtney L. Young

2013 TOP SETTLEMENTS NY

Plaintiff expert(s)

James Loumiet ; Railroad; Independence, MO

Defendant(s)

Mar-Los I LP, Surjit Singh, Mar-Los I LLC, Mar-Los II LP, Mar-Los II LLC, Martin Shevell, Jaswinder Singh, Fast Freight Cargo Inc., Marlyn Warehousing Corp., Long Island Rail Road Co., General Insulation Co. Inc., Waste Management of New York, L.L.C.

Facts & Allegations On Feb. 23, 2009, plaintiff Courtney Young, 44, a mechanic, observed that a tractor-trailer was stuck on the railroad track that crosses Greenpoint Avenue, near its intersection at Railroad Avenue, in the Long Island City section of Queens. Young approached the rig and attempted to assist the driver, Surjit Singh. Moments later, the rig was struck by a locomotive. The tractor fell onto Young, and Young sustained injuries of an arm, his back, a hip, his pelvis, his sacrum, a shoulder and several ribs. Young sued Singh; the rig’s owners, Fast Freight Cargo Inc. and Jaswinder Singh; the employer of the locomotive’s operator, Long Island Rail Road Co.; and several owners, former owners and users of properties that abutted the railroad crossing, General Insulation Co. Inc., Marlyn Warehousing Corp., Mar-Los I LLC, Mar-Los I LP, Mar-Los II LLC, Mar-Los II LP, Martin Shevell and Waste Management of New York, L.L.C. Young alleged that Surjit Singh and the locomotive’s driver were negligent in the operation of their respective vehicles, that Fast Freight Cargo and Jaswinder Singh were vicariously liable for Surjit Singh’s actions, that Long Island Rail Road was vicariously liable for the actions of the locomotive’s driver, that the remaining defendants were negligent in their maintenance of the railroad crossing, and that those defendants’ negligence created a dangerous condition that contributed to the accident. Long Island Rail Road cross-claimed against Mar-Los I LLC, Mar-Los I LP, Mar-Los II LLC and Mar-Los II. The railroad sought contractual indemnity. Waste Management of New York was dismissed via summary judgment, and Young’s counsel discontinued the claims against Marlyn Warehousing and Shevell. Young’s counsel also discontinued the claims against Mar-Los I LLC, Mar-Los I LP, Mar-Los II LLC and Mar-Los II, but those parties remained in the suit as third-party defendants. Young claimed that the rig’s undercarriage was stuck in the ground that surrounded the railroad track. He also claimed that the rig’s wheels were stuck on black ice. A witness reported seeing the wheels futilely spinning on ice. Young’s counsel contended that Surjit Singh negligently attempted to cross the track without having ensured that he could safely do so. They also contended that Singh negligently remained in the tractor’s cabin while the train approached, and they claimed that Young responded reasonably and foreseeably by attempting to aid Singh. They claimed that Singh and his rig’s owners were liable via application of the rescue doctrine. Young’s counsel further claimed that the locomotive’s operator could have avoided the collision. Their railroad-accident-reconstruction expert inspected the railroad crossing, reviewed testimony and studied information that had been retrieved from the locomotive’s data-recording device, and he submitted a report in which he opined that the locomotive’s operator had sufficient time to prevent a collision. Long Island Rail Road’s counsel contended that the locomotive’s operator was not obligated to apply the locomotive’s brakes until he had concluded that Singh was not going to flee the area of danger. His railroad-accident-reconstruction expert inspected the railroad crossing and submitted a report in which he opined that the locomotive’s operator could not have seen the rig in time to prevent a collision. The expert also opined that the locomotive was being operated in compliance with all appreciable railroad rules. Long Island Rail Road’s counsel further contended that Young recklessly caused his injuries. He claimed that, rather than fleeing or opening the tractor’s cabin door to free Singh, Young attempted to lift a crossing gate that had descended into the gap that separated the tractor and trailer. Singh’s counsel agreed, and he contended that Young’s act of attempting to free the rig could not be considered an attempt to rescue its driver. Singh’s counsel also claimed that Singh was not negligent in his operation of the rig. He contended that Singh did not intentionally cripple the rig. Injuries/Damages Young sustained fractures of transverse processes of vertebrae of his spine’s lumbar region; a burst fracture of his right, dominant arm’s humeral head, which is a lower component of the right shoulder; comminuted fractures of his right arm’s radius and ulna bones; comminuted, displaced fractures of his sacrum’s ala; fractures of his pelvis’s pubic rami and pubic bone; fractures of an acetabulum and ischium, which are pelvic components of a hip; and fractures of several ribs. His pelvis’s fractures resulted in diastasis--separation--of muscles and displacement of his pubic bone. His right arm’s injury resulted in occlusion of the right branch of his brachial artery. Young was extricated from beneath the tractor’s cabin, placed in an ambulance and transported to Elmhurst Hospital Center, in Queens. He underwent immediate surgery

that relieved the occlusion of his brachial artery. He also underwent external fixation of the fractures of his pelvis. Those fractures were later addressed via open reduction and the internal fixation of a total of two plates and seven screws. His hospitalization lasted about eight weeks, and he subsequently underwent about eight months of physical therapy. Young claimed that his right shoulder’s injuries resulted in a permanent diminution of the shoulder’s range of motion, permanent immobility of his right wrist and a permanent reduction of his right arm’s sensory ability. He contended that the latter two conditions could be improved via fusion of his right shoulder, but that he has rejected that option because it will further reduce his right arm’s range of motion. He also claimed that his pelvis’s injuries resulted in a lasting disability that necessitates his use of a cane. He contended that he cannot resume work. Young sought recovery of $678,634 for future medical costs, a total of $1,707,081 for future loss of earnings and benefits, and unspecified damages for past and future pain and suffering. Defense counsel contended that Young achieved the fullest possible recovery and would not benefit from additional medical treatment. They also contended that post-accident surveillance revealed that Young can perform physical activities that would allow his resumption of work. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Allen Hurkin-Torres, of Jams. Long Island Rail Road, which is self-insured, agreed to pay $1.5 million; the insurer of Fast Freight Cargo, Jaswinder Singh and Surjit Singh agreed to pay $925,000; General Insulation’s insurer agreed to pay $750,000; and the insurer of Mar-Los I LLC and Mar-Los I LP agreed to pay $750,000. Thus, the settlement totaled $3,925,000. Editor’s comment This report is based on court documents, information that was provided by plaintiff’s counsel, and information that was provided by counsel of Mar-Los I LLC and Mar-Los I LP. The remaining defendants’ counsel did not respond to the reporter’s phone calls.

Number Nineteen Construction Construction Accident — Labor 240(1) — Scaffold Law

Plaintiff construction worker fell from scaffold, injured shoulder & spine AMOUNT $3,600,000 TYPE Settlement Case Clarke v. AKHK Brooklyn Restaurant, LLC VENUE Kings Supreme Court Judge Bernadette Bayne Date

November 7, 2013

Injury Type(s)

full thickness tear of the supraspinatous tendon two (2) surgeries with open rotator cuff repairs, discectomy and fusion in cervical spine

Plaintiff(s) Hopeton Clarke Plaintiff Attorney(s) David Perecman, New York, NY; The Perecman Firm, PLLC Plaintiff expert(s)

James Loumiet ; Railroad; Independence, MO

Defendant(s)

AKHK Brooklyn Restaurant LLC, FC Hanson Associates, LLC, Contemporary Environmental Management, Inc. and Control Construction AC Drywall Systems (Third Party Defendant)

Facts & Allegations Mr. Clarke fell off a scaffold on his left shoulder and neck. Plaintiff was granted summary judgment pursuant to Labor Law 240(1).

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Number Twent y One

-Continued from p25 Injuries/Damages Plaintiff suffered a full thickness tear of the supraspinatous tendon requiring 2 surgeries with open rotator cuff repairs, and a discectomy and fusion in his cervical spine, he was left totally disabled. Result Case settled at trial before J. Bayne. Editor’s comment This report is based on court documents, information that was provided by plaintiffs’ counsel.

Number Twent y Medical Malpractice Obstetrics

Obstetrics: Plaintiff alleged Autism Spectrum Disorder caused by botched delivery AMOUNT $3,500,000 TYPE Settlement Case Camacho v. Salem VENUE Dutchess County Supreme Court Judge James V. Brands Date

May 1, 2013

Injury Type(s)

Hypoxia, Seizures, Autism Spectrum Disorder, developmental delays

Plaintiff(s) Jayson Camacho by his p/n/g Stefanie Rothbart Plaintiff Attorney(s) Brian Brown, New York, NY of Zaremba Brownell & Brown, PLLC Defendant(s) Azzam Salem MD, Vassar Brothers Medical Center, and Jose Baez MD Facts & Allegations Child diagnosed with birth injuries including Autism Spectrum Disorder. Plaintiff’s counsel alleged infant plaintiff suffered a birth injury due to the defendant ob/gyn’s negligence in failing to convert the infant’s delivery to a c-section. The infant plaintiff was hypoxic at birth and suffered from seizures. The defendant had contended that the plaintiff’s injuries were not caused by the alleged malpractice, and the case settled for the full amount of the available insurance coverage Injuries/Damages Autism Spectrum Disorder and developmental delays Result Case settled at trial before J. Brands for $3.5 million. Editor’s comment This report is based on court documents and information provided by plaintiffs’ counsel.

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workplace Worker/Workplace Negligence — Slips, Trips & Falls — Fall from Height — Labor Law

Roofer claimed icy conditions necessitated scaffold or harness AMOUNT $3,350,000 TYPE Settlement Case Hadden v. Boxberger VENUE Ulster County Supreme Court Judge Henry F. Zwack Date Injury Type(s)

January 7, 2013 back - fusion, lumbar, nerve impingement, herniated disc, lumbar, herniated disc at L5-S1 neck - nerve impingement other - abscess, infection, chiropractic, physical therapy, decreased range of motion neurological - radiculopathy, nerve impingement surgeries/treatment - debridement

Plaintiff(s) Richard Hadden (Male, 29 Years) Plaintiff Attorney(s) Joseph E. O’Connor; Mainetti, Mainetti & O’Connor, P.C.; Kingston, NY Plaintiff expert(s)

Seth Neubardt M.D.; Orthopedic Surgery; White Plains, NY James Lambrinos Ph.D; Economics; Clifton Park, NY Joseph Carfi M.D.; Life Care Planning; Great Neck, NY Michael Weintraub M.D.; Neurology; Briarcliff Manor, NY

Defendant(s) James W. Boxberger Sr. Insurer(s)

Sparta Insurance

Facts & Allegations On Dec. 28, 2010, plaintiff Richard Hadden, 29, a roofer, worked at a residence that was located at 11 Bon Jovi Lane, in Liberty. Hadden fell off of the home’s roof while he was repairing a chimney’s cap. He plummeted about 8 feet, and he landed on the ground. He claimed that he sustained an injury of his back. Hadden sued the residence’s owner, James Boxberger. Hadden alleged that Boxberger violated the New York State Labor Law. Hadden claimed that he fell after slipping on ice. He contended that the icy roof was unsafe, and he claimed that he should have been provided a scaffold and/or a harness. Hadden’s counsel claimed that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Hadden was not provided the proper, safe equipment that is a requirement of the statute. Defense counsel contended that Labor Law 240(1) is not applicable to incidents that occur during routine maintenance or work that does not involve a significant alteration of a building, and he contended that Hadden was injured during a task that was a matter of routine maintenance. Injuries/Damages Hadden initially returned to his home, but he was later transported to a hospital, where he underwent minor treatment. Young was extricated from beneath the tractor’s cabin, placed in an ambulance and transported to Elmhurst Hospital Center, in Queens. He underwent immediate surgery that relieved the occlusion of his brachial artery. He also underwent external fixation of the fractures of his pelvis. Those fractures were later addressed via open reduction and the internal fixation of a total of two plates and seven screws. His hospitalization lasted about eight weeks, and he subsequently underwent about eight months of physical therapy. Hadden ultimately claimed that he sustained a herniation of his L5-S1 intervertebral disc. He also claimed that the herniated disc produced impingement of a nerve and resultant radiculopathy. He initially underwent about six months of conservative treatment that included chiropractic manipulation and physical therapy, but he contended

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VerdictSearch’s Top New York Verdicts of 2012

2013 TOP SETTLEMENTS NY

-Continued from p26 that the treatment did not resolve his pain. He subsequently underwent fusion of his spine’s L5-S1 level, but the fusion failed. Hadden also developed an abscess and infection of his surgical wound, necessitating the debridement of tissue. Hadden claimed that he suffers residual pain and a residual reduction of his back’s range of motion. He contended that he cannot work, exercise or perform any physically demanding activities. He also contended that he requires the use of a cane. He claimed that he will soon undergo a second fusion of the problematic area of his spine, and he contended that the procedure will be followed by a course of physical therapy. Hadden sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. Result Each side moved for summary judgment of liability. During pendency of the motions, the parties negotiated a settlement. Boxberger’s insurer agreed to pay $3.35 million. Editor’s comment This report is based on information that was provided by plaintiff’s and defense counsel.

Number Twent y Two workplace Worker/Workplace Negligence — Negligent Repair — Transportation — Trucking

Makeshift fix of truck’s lift gate led to accident, suit alleged AMOUNT $3,050,000 TYPE Settlement Case Mejias v. Ceva Logistics U.S. Inc. VENUE Queens Supreme Court Judge Ronnie Bernon Gallina Date

October 5, 2013

Injury Type(s)

back - fusion, lumbar, herniated disc, lumbar, herniated disc at L5-S1 head - head, concussion knee - medial meniscus, tear, lateral meniscus, tear neck - fusion, cervical, herniated disc, cervical, herniated disc at C4-5, herniated disc at C5-6, herniated disc at C6-7 elbow - biceps tendon, tear other - fatigue, chondroplasty, aggravation of pre-existing condition shoulder - glenoid labrum, tear, rotator cuff, injury (tear) surgeries/treatment - laminectomy, laminectomy, lumbar mental/psychological - anxiety, insomnia, depression, post-concussion syndrome, concentration, impairment



Plaintiff(s) Jose Mejias (Male, 30 Years) Plaintiff Attorney(s) Jonathan S. Damashek; Hecht Kleeger & Damashek, PC; New York, NY, for Jose Mejias Defendant(s)

Xtra Lease, LLC, Damon Earlington, Spec Personnel Inc., Ryder Truck Rental Inc., Ceva Logistics U.S. Inc., Skyway Road Service Corp., EGL Eagle Global Logistics, L.P.

Facts & Allegations On April 10, 2008, plaintiff Jose Mejias, 30, a clerk, worked at an automobile dealership that was located at 57-02 Northern Blvd., in the Woodside section of Queens. During the course of the day, the dealership received a truckload of parts. The truck’s driver, Damon Earlington, loaded an 800-pound container of parts onto the rear lift gate of the truck’s trailer. The gate snapped while it was being lowered, and the container fell onto Mejias, who was assisting Earlington. Mejias claimed that he sustained injuries of his back, his head, his knees, his neck and a shoulder. 28

VerdictSearch’s Top New York Settlements of 2013

Mejias sued Earlington; Earlington’s employer, Spec Personnel Inc.; the company that arranged the delivery and hired Earlington’s employer, Ceva Logistics U.S. Inc.; a Ceva Logistics subsidiary, EGL Eagle Global Logistics, L.P.; the lessor of Earlington’s truck, Ryder Truck Rental Inc.; the lessor of the truck’s trailer; Xtra Lease, LLC; and an entity that had serviced the trailer’s lift gate, Skyway Road Service Corp. Mejias alleged that the accident was a result of a defect of the lift gate, that Earlington negligently involved him in a dangerous aspect of the offloading process, that Spec Personnel and Xtra Lease were vicariously liable for Earlington’s actions, that the remaining defendants were negligent in their repair of the lift gate, and that those defendants’ negligence created a dangerous condition that caused the accident. EGL Eagle Global Logistics and Xtra Lease were ultimately dismissed. The matter proceeded against the remaining defendants. Plaintiff’s counsel claimed that the trailer’s lift gate had failed to fully open during a delivery that was performed earlier on the day of the accident. He claimed that employees of Ceva Logistics, Ryder Truck Rental and Skyway Road Service determined that partial functionality could be restored by removing a support chain that seemed to be impeding the lift gate’s progress. The chain was removed with the assistance of an on-site Skyway Road Service technician, leaving only a single support chain. As a result, Earlington could not independently operate the lift gate; another person was needed to balance the cargo that was being offloaded. Mejia claimed that he was performing that function--at Earlington’s direction--at the time of the accident. Plaintiff’s counsel claimed that the lift gate’s initial malfunction was not properly addressed, and he contended that the error caused a dangerous condition that led to Mejias’ accident. Skyway Road Service’s counsel contended that Earlington was advised against making further deliveries after the removal of the problematic chain, but Earlington denied having received such a warning. Defense counsel also contended that Mejias had been involved in a prior accident while assisting the offloading of cargo, and they claimed that Mejias’ supervisor had ordered that Mejias was not to perform that activity again. Injuries/Damages Mejias was placed in an ambulance, and he was transported to a hospital. He claimed that he was suffering pain that stemmed from his back, his head, his knees, his left, nondominant arm’s shoulder and his neck. Doctors determined that he had sustained a concussion. Mejias claimed that he also sustained tears of his left shoulder’s biceps tendon, glenoid labrum and rotator cuff and herniations of his C4-5, C5-6, C6-7 and L5-S1 intervertebral discs. He further claimed that the accident aggravated prior injuries of his knees, resulting in tears of his left knee’s lateral and medial menisci and a loose body segment in his right knee. He also claimed that he developed post-concussion syndrome, with manifestations that included anxiety, depression, fatigue, insomnia, irritability, suicidal ideation, and impairment of his concentration and organizational skills. Mejias’ spinal injuries were initially addressed via painkilling injections, but he claimed that the treatment did not resolve his pain. In 2009, he underwent a laminectomy, which involved the partial excision of his L5 and S1 vertebrae. In April 2009, his right knee’s injury was addressed via a chondroplasty, which involved the repair of damaged cartilage. In August 2009, he underwent surgical repair of his left knee. In 2012, he underwent separate procedures that involved fusion of his spine’s C5-6 and L5-S1 levels. Mejias claimed that he suffers residual pain and that his concussion’s effects linger. He further claimed that his residual effects prevent his resumption of work and all but the simplest of his household chores. Mejias sought recovery of past medical expenses, a total of about $1.75 million for past and future lost earnings, and unspecified damages for past and future pain and suffering. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Ronnie Bernon Gallina, of Jams. Ceva Logistics’ insurer agreed to contribute $2.25 million; Spec Personnel’s insurer agreed to contribute $600,000, from a policy that provided $1 million of coverage; and Skyway Road Service’s insurer agreed to contribute $200,000, from a policy that provided $500,000 of coverage. Thus, the settlement totaled $3.05 million. Editor’s comment This report is based on court documents, information that was provided by plaintiff’s counsel, and information that was provided by counsel of Ceva Logistics, EGL Eagle Global Logistics and Ryder Truck Rental. Xtra Lease’s counsel was not asked to contribute, and the remaining defendants’ counsel did not respond to the reporter’s phone calls.

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2013 TOP SETTLEMENTS NY

Number Twent y Three Motor Vehicle Speeding — Pedestrian — Government — Municipalities

Plaintiff(s) Beatriz Marie Diaz (Male, 20 Years) Plaintiff Attorney(s) Steven Smedresman; Law Office of Steven Smedresman P.C.; New York, NY, for Beatriz Marie Diaz

Plaintiff claimed she was struck by speeding police vehicle

Plaintiff expert(s)

AMOUNT $3,000,000

Defendant(s) Scott Monier, City of New York, New York City Police Department

TYPE Settlement Case Diaz v. City of New York VENUE Bronx Supreme Court Judge N/A Date Injury Type(s)

July 23, 2013 leg - fracture, fracture, tibia, fracture, fibula, scar and/or disfigurement, leg ankle - fracture, fracture, malleolus, fracture, bimalleolar brain - brain damage, traumatic brain injury elbow - fracture, elbow other - arthritis, closed reduction, spleen, laceration, compartment syndrome, decreased range of motion pelvis - fracture, fracture, pubic ramus shoulder - fracture, fracture, scapula face/nose - facial laceration, scar and/or disfigurement, face urological - kidney surgeries/treatment - open reduction, internal fixation mental/psychological - anxiety, depression, concentration, impairment gastrointestinal/digestive - liver, liver, laceration

Brian Greenwald M.D.; Physical Rehabilitation; New York, NY Jerry Lubliner M.D.; Orthopedic Surgery; New York, NY Wayne Gordon Ph.D.; Neuropsychology; New York, NY Christopher Shapley Ph.D.; Accident Reconstruction; Houston, TX

Facts & Allegations On Dec. 9, 2008, plaintiff Beatriz Marie Diaz, 20, a dancer, was struck by a motor vehicle. The incident occurred on the southbound side of University Avenue, near its intersection at Featherbed Lane, in the Morris Heights section of the Bronx. Diaz sustained injuries of an ankle, an elbow, her face, her head, a kidney, a leg, her liver, her pelvis, a shoulder and a spleen. Diaz sued the vehicle’s driver, Scott Monier, and his employers, the city of New York and the New York City Police Department. Diaz alleged that Monier was negligent in the operation of his vehicle. She further alleged that the remaining defendants were liable because the accident occurred within the course of Monier’s work duties. Diaz’s counsel retained an accident-reconstruction expert who opined that Monier was likely maintaining a speed of 45 to 50 mph at the time of the accident, which would have exceeded the posted speed limit. The expert contended that the vehicle’s speed was certainly greater than 27 mph. Monier claimed that Diaz darted into the path of his vehicle, that she did not utilize a nearby crosswalk and that the traffic signals favored him. He also claimed that he could not have avoided the accident.

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VerdictSearch’s Top New York Settlements of 2013

29

2013 TOP SETTLEMENTS NY

-Continued from p29 Injuries/Damages Diaz sustained lacerations of her face, a kidney, her liver and her spleen; a fracture of her skull; fractures of her left leg’s fibula and tibia; a fracture of her pelvis’s inferior public ramus; a fracture of her right, dominant arm’s elbow; a fracture of her left shoulder’s scapula; and a fracture of her left ankle. The latter fracture was a bimalleolar fracture: a fracture of each of an ankle’s malleoli, which are the bony protuberances. Her left leg also developed compartment syndrome: a pressurized condition of a muscle or muscles. The condition produces impingement of arteries, nerves and/or veins, and it can threaten an associated limb. Diaz was placed in an ambulance, and she was transported to Lincoln Medical and Mental Health Center, in the Bronx. She underwent open reduction and internal fixation of the fractures of her left ankle and left leg. Her right elbow’s fracture was addressed via closed reduction. Her hospitalization lasted about 45 days. Diaz claimed that she was homebound during the three months that followed the accident. She also claimed that she suffers residual damage of her brain, with resultant impairment of her ability to concentrate, that her left ankle has developed residual arthritis, that she suffers a residual diminution of her left ankle’s range of motion, and that she experiences residual anxiety and depression. She retains a 3-inch-long scar of her forehead and a 15-inch-long scar of her left leg. Diaz sought recovery of damages for past and future pain and suffering. Defense counsel contended that Diaz’s orthopedic injuries have largely healed. Result The parties negotiated a pretrial settlement. The city agreed to pay $3 million. Editor’s comment This report is based on information that was provided by plaintiff’s and defense counsel.

Number Twent y Three Premises Liability Apartment — Falling Object — Tenant’s Injury — Dangerous Condition

Toddlers’ burns caused by shaky stove, mother claimed AMOUNT $3,000,000 TYPE Case VENUE Judge

Mediated Settlement Berisha v. 1957 Bronxdale Corp. Bronx Supreme Court Robert Adams

Date

March 7, 2013

Injury Type(s)

arm - arm leg - leg, scar and/or disfigurement, leg back - back burns - first degree, second degree other - thigh, hypertrophy epidermis - hyperpigmentation surgeries/treatment - skin graft mental/psychological - anxiety, emotional distress, post-traumatic stress disorder

Plaintiff(s) Arta Berisha Erjon Berisha Erlin Berisha Plaintiff Attorney(s) Ylber Albert Dauti; The Dauti Law Firm, P.C.; New York, NY Plaintiff expert(s)

Alex Weintrob M.D.; Psychiatry; New York, NY Robert Goldstein M.D.; Plastic Surgery/Reconstructive Surgery; Bronx, NY Nicholas Bellizzi P.E.; Engineering; Holmdel, NJ

Defendant(s) 1957 Bronxdale Corp. Insurer(s) 30

Public Service Mutual Insurance Co.

VerdictSearch’s Top New York Settlements of 2013

Facts & Allegations On Aug. 6, 2010, plaintiff Erjon Berisha, 2, and his brother, plaintiff Erlin Berisha, 3, sustained burns of limbs. The incident occurred in their residence, an apartment building that was located at 1957 Bronxdale Ave., in the Van Nest section of the Bronx. The children’s mother, Arta Berisha, claimed that the apartment’s stove tipped while the children were climbing on it, causing boiling water to spill out of a pot and onto the children. Arta Berisha, acting individually and as the parent and natural guardian of Erjon and Erlin, sued the premises’ manager, 1957 Bronxdale Corp. Ms. Berisha alleged that 1957 Bronxdale was negligent in its installation of the stove. She further alleged that the corporation’s negligence caused a dangerous condition that led to her children’s injuries. Berisha’s expert engineer submitted a report in which he opined that tip-prevention brackets should have been installed on the stove. He also opined that the stove was not installed in the manner specified by the manufacturer’s instructions. The defense’s expert engineer submitted a report in which he opined that tip-prevention brackets were not provided with the stove when it was purchased. He further opined that the brackets were not a mandatory element at the time at which the stove was installed. Defense counsel contended that Ms. Berisha should have better supervised her children and not allowed them to climb on the stove. He also challenged Berisha’s credibility. A witness claimed that Berisha reported that the accident was a result of the children having knocked a teapot off of a coffee table while wrestling. Injuries/Damages Erjon sustained first- and second-degree burns of his back and his left thigh. He was transported to Jacobi Medical Center, in the Bronx. He underwent the application of a graft of skin that repaired a wound of his left thigh. His hospitalization lasted eight days. The plaintiffs’ expert plastic surgeon submitted a report in which he contended that Erjon retains residual hyperpigmentation of skin. Erjon also bears a hypertrophic scar of his left thigh. The surgeon opined that the scar may be improved via surgery at a cost of $10,000 to $25,000. Erjon’s mother claimed that Erjon experienced residual emotional distress that caused adjustment disorder. She sought recovery of Erjon’s past and future medical expenses and damages for Erjon’s past and future pain and suffering. She also presented a derivative claim. Erlin sustained first-degree burns of his right arm and his right leg. He was transported to Jacobi Medical Center. His wounds were bandaged, and he was released after three days had passed. The plaintiffs’ expert plastic surgeon submitted a report in which he contended that Erlin retains residual hyperpigmentation of skin of his right arm and right leg. Erlin’s mother claimed that Erlin also experienced residual post-traumatic stress disorder, with manifestations that included anxiety. She sought recovery of Erlin’s past medical expenses and damages for Erlin’s past and future pain and suffering. She also presented a derivative claim. The defense’s expert plastic surgeon submitted a report in which he opined that Erjon’s burns have resolved. He contended that revisionary surgery may be performed, but that the procedure is not necessary. The defense’s expert psychologist submitted a report in which he opined that Erjon does not demonstrate evidence of psychological symptoms related to the accident. The defense’s expert psychologist also opined that Erlin does not demonstrate evidence of psychological distress. The defense’s expert plastic surgeon submitted a report in which he opined that Erlin’s burns have resolved and that additional treatment is not necessary. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Robert Adams, of National Arbitration and Mediation Inc. The defendant’s insurer agreed to pay $3 million. Erlin’s share totaled $950,000, and Erjon’s share totaled $2.05 million. Editor’s comment This report is based on information that was provided by plaintiffs’ and defense counsel.

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The Dauti Law Firm, P.C.

45 Broadway, Suite 3020, New York, NY 10006 Phone: (212) 566-4891 Fax: (212) 271-3314 www.dautilaw.com

The Dauti Law Firm, P.C. represents a diversified group of clients, both individuals and companies, in domestic and international civil and commercial litigation matters. The Firm uses its knowledge of many aspects of the law to develop innovative strategies for negotiation and litigation with a single objective: To reach the best results for its clients in the shortest possible period of time.

#1 PREMISES LIABILITY SETTLEMENT IN NEW YORK FOR SECOND YEAR IN A ROW Ylber Albert Dauti is honored to be included in the Top New York Verdicts/Settlements for the fifth year in a row and to have the #1 reported settlement in Premises Liability for both 2012 and 2013 in New York. $3 million award on Berisha v. 1957 Bronxdale Corp.(2013) $1.76 million award on Kramer v. Curry, et.al., (2012) In the past Mr. Dauti has also been featured with million dollar awards: $1.2 million award on Bajrami v. 5400 Company, et.al. (2011) $1.81 million award on John & Jane Doe v. ABC Corp. (Mediated Confidential Settlement - 2011) $2.225 million award on Xhaferri v. Housing Partnership Development Corp., et. al. (2010) $1.68 million award on Maliqi v. 17 E. 89th Street Tenants, Inc., et.al., where at the time of trial plaintiff was in deportation immigration proceedings (2009). Mr. Dauti has been practicing civil litigation in New York for over a decade and he is also a duly licensed Solicitor in England and Wales. Mr. Dauti has successfully tried and settled numerous civil actions on behalf of both his own clients and those referred to him by other attorneys. He continues to successfully champion the rights of undocumented workers to recover in personal injury cases. The Dauti Law Firm, PC handles cases involving construction accidents, wrongful death, general liability, automobile accidents involving serious injuries, commercial litigation, international transactions and international arbitration. Mr. Dauti speaks several languages and he is a member of various national and international bar associations.

2013 TOP SETTLEMENTS NY

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Number Twent y Five Motor Vehicle Broadside — Stop Sign — Intersection — Multiple Vechicle

Vehicular accident caused spinal injury, plaintiff claimed

exaggerated the extent of his future medical needs. Defense counsel contended that Sanchez stopped treating in April 2012 and does not require additional treatment. The defense’s vocational-rehabilitation expert submitted a report in which he opined that Sanchez can perform sedentary work that would provide earnings that equaled or exceeded Sanchez’s pre-accident earnings. The defense’s expert economist submitted a report in which he estimated that Sanchez’s past and future lost earnings would total $165,000 to $220,000. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Kenneth Grundstein, of National Arbitration and Mediation Inc. The defendants’ insurers agreed to pay a total of $2,925,000. Editor’s comment This report is based on court documents, information that was provided by plaintiff’s counsel and information that was provided by defense counsel.

AMOUNT $2,925,000 TYPE Case VENUE Judge

Mediated Settlement Sanchez v. Lonero Transit Inc. Bronx Supreme Court Kenneth Grundstein

Date

April 9, 2013

Injury Type(s)

back - fusion, lumbar, bulging disc, lumbar other - physical therapy, epidural injections

Plaintiff(s) Yesid Sanchez (Male, 41 Years) Plaintiff Attorney(s) Daniel P. O’Toole & Frederick C. Aranki; Block, O’Toole & Murphy, LLP, New York, NY, trial counsel to Elliot Ifraimoff & Associates, P.C., Forest Hills, NY Plaintiff expert(s)

Alan Leiken Ph.D.; Economics; Stony Brook, NY Paul Brisson M.D.; Orthopedics; New York, NY Edwin Richter M.D.; Physical Medicine; Stamford, CT Charles Kincaid Ph.D.; Vocational Rehabilitation; Hackensack, NJ

Defendant(s) Deidamia Herrera, Lonero Transit, Inc. Facts & Allegations On July 13, 2009, plaintiff Yesid Sanchez, 41, a package handler, was driving on 50th Avenue, near its intersection at 97th Street, in the Corona section of Queens. While he was proceeding through the intersection, his vehicle was struck by a school bus, that was being driven by Deidamia Herrera, who was traveling on 97th Street. Sanchez claimed that he sustained an injury of his back. Sanchez sued Herrera and the owner of Herrera’s bus, Lonero Transit Inc. Sanchez alleged that Herrera was negligent in the operation of his vehicle. Sanchez further alleged that Lonero Transit was vicariously liable for Herrera’s actions. Sanchez claimed that Herrera ignored a stop sign that governed his entrance to the intersection. Sanchez’s course was not governed by a traffic-control device. Herrera acknowledged that he did not promptly notice the stop sign, and he estimated that 2 to 3 feet of the bus had passed the sign when he applied the bus’s brakes. However, he contended that Sanchez could have avoided the bus. He claimed that Sanchez was speeding. Sanchez’s counsel moved for summary judgment of liability, but the motion was denied. Sanchez’s counsel appealed, and the appellate division, First Department, reversed. Summary judgment was granted, and the matter proceeded to damages. Injuries/Damages Sanchez was placed in an ambulance, and he was transported to Elmhurst Hospital Center, in Queens. He underwent minor treatment. Erjon’s mother claimed that Erjon experienced residual emotional distress that caused adjustment disorder. She sought recovery of Erjon’s past and future medical expenses and damages for Erjon’s past and future pain and suffering. She also presented a derivative claim. Sanchez claimed that he suffers permanent residual pain and limitations that prevent his resumption of work. He has not worked since undergoing the first fusion of his spine. Sanchez’s expert physiatrist opined that Sanchez requires additional therapy, rehabilitation and medication. Sanchez sought recovery of $269,768 for past medical expenses, $932,468 for future medical expenses, $95,000 for past lost earnings, $1,711,223 for future lost earnings, and unspecified damages for past and future pain and suffering. The defense’s expert neurologist submitted a report in which he opined that Sanchez suffered nothing more than a muscle strain. The expert contended that Sanchez greatly 32

VerdictSearch’s Top New York Settlements of 2013

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TOP 2013 NEW YORK SETTLEMENTS BY CATEGORY Animals

Motor Vehicle: Parked Car

Civil Rights

Motor Vehicle: Passenger

Construction

Motor Vehicle: Pedestrian

Consumer Protection

Motor Vehicle: Question Lights

Dangerous Condition of Public Property

Motor Vehicle: Railroad Crossing

Government

Motor Vehicle: Rear End Collision

Insurance

Motor Vehicle: Red Light/Stop Sign

Intentional Torts

Motor Vehicle: Reversing

Motor Vehicle: Bicycle

Motor Vehicle: Right Turn

Motor Vehicle: Broadside

Motor Vehicle: Sideswipe

Motor Vehicle: Crosswalk

Motor Vehicle: Speeding

Motor Vehicle: Dangerous Condition

Premises Liability

Motor Vehicle: Hit & Run

Privacy

Motor Vehicle: Intersection

Products Liability

Motor Vehicle: Lane Change

Recreation

Motor Vehicle: Left Turn

Road Defect

Motor Vehicle: Lemon Law

Slips, Trips & Falls

Motor Vehicle: Motorcycle

Transportation

Motor Vehicle: Multiple Vehicle

Worker/Workplace Negligence

Motor Vehicle: No-Fault Case

Workplace

Motor Vehicle: Parental Liability

Wrongful Death

2013 TOP SETTLEMENTS NY

Animals CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Kavazanjian v. Palacio

12/4/13

Nassau Supreme

Dog Bite: Defendant's dog bit 25 year old plaintiff who was at defendant's premises.

Louis J. Cerrato, Garden City, NY of Frommer & Cerrato, LLP

$300,000

Cumber v. Powell

7/12/13

Onondaga Supreme

Dog Bite: Landlord liable for escape of tenant's dogs, neighbors claimed

David R. Cheverie, New York, NY of Hach & Rose, LLP

$250,000

Civil Rights CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Porter v. City of New York

12/5/13

Bronx Supreme

Excessive Force: 17 year old shot by off duty NYPD detective arguing over parking spot.

Jonathan L. Gleit, Bronx, New York of Law Office of Jonathan L. Gleit

$225,000

Construction CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Alpirez v. WBB Construction Inc.

12/4/13

New York Supreme

Demolition: Large falling pipe struck Plaintiff in the head causing fall from 12 ft scaffold.

Marc J. Rothenberg, New York, NY of The Rothenberg Law Firm LLP

$11,500,000

Dolan v. New York Presbyterian Hospital

6/3/13

New York Supreme

Labor Law: Hoisting accident caused spine, Kenneth Sacks & Daniel Weir, New York, NY of Sacks & Sacks, LLP shoulder injuries, worker claimed

$6,350,000

Stallone v. Plaza Construction Corp.

5/9/13

New York Supreme

Accidents: Crane's ladder slippery and dangerous, worker claimed

David H. Perecman & Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC; Paul W. Cutrone, Douglaston, NY of Law Offices of Paul W. Cutrone

$6,000,000

Clarke v. AKHK Brooklyn Restaurant, LLC

12/3/13

Kings Supreme

Labor Law: Plaintiff injured shoulder and neck after falling off scaffold.

David H. Perecman, New York, NY of The Perecman Firm, PLLC

$3,600,000

Ellerbe v. Port Authority of New York and New Jersey

2/4/13

New York Supreme

Scaffolds and Ladders: Poorly secured ladder caused accident, worker claimed

Joseph P. Carfora, David H. Mayer & Kenneth Sacks, New York, NY of Sacks & Sacks, LLP

$2,500,000

Nunez v. New York City School Construction Authority

12/9/13

Kings Supreme

Labor Law: Plaintiff fell 10 ft. onto concrete floor when ladder shifted and collapsed.

Thomas J. Moverman & Marc E. Freund, New York, NY of Lipsig Shapey Manus & Moverman, PC

$2,500,000

Addino v. Gladden Properties LLC

5/20/13

Kings Supreme

Labor Law: Trucker carelessly backed up at job site, injured worker claimed

Jeffrey A. Block & S. Joseph Donahue, New York, NY of Block, O'Toole & Murphy LLP

$2,300,000

Tolpa v. One Astoria Square

12/3/13

Kings Supreme

Labor Law: Worker fell into uncovered pit housing sump pump on construction site.

David H. Perecman & Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC

$2,100,000

Pellegrino v. City of New York

4/15/13

Queens Supreme

Accidents: Injured worker claimed he was directed into dangerous area

Joseph E. Gorczyca, Jericho, NY of Schwartzapfel Lawyers P.C.

$1,500,000

Hicks v. Aurora Contractors Inc.

12/17/12

Kings Supreme

Labor Law: Protruding rod made work site dangerous, carpenter claimed

Joseph E. Gorczyca, Jericho, NY of Schwartzapfel Lawyers P.C.

$1,500,000

Lacca v. 150 Amsterdam Holdings, LLC.

3/6/13

New York Supreme

Labor Law: Work site's debris a hazard, plaintiff claimed

Louis Grandelli, New York, NY of Louis Grandelli, P.C.

$1,400,000

Pizarro v. George T. Douris Housing and Development Fund Corp

12/10/13

New York Supreme

Labor Law: Aluminum Beam hit plaintiff's right side of face and jaw while on work site

Nick Gjelaj, Queens, NY, of Mullaney & Gjelaj, PLLC

$1,050,000

Gutierrez v. Hillburn Park, Corp.

3/7/13

Rockland Supreme

Scaffolds and Ladders: Worker fell ten feet onto the ground while on ladder

Louis Grandelli, New York, NY of Louis Grandelli, P.C.

$850,000

Torres v. State of New York

8/15/13

Court of Claims, Hauppauge

Accidents: Fall from ladder ended career, laborer claimed

Michael A. Rose & Mark G. Sokoloff, New York, NY of Hach & Rose, LLP

$800,000

Bennett v. M&T Bank Corp.

11/12/12

Erie Supreme

Accidents: Messy construction site a hazard, laborer claimed

Marc C. Panepinto & Anne Wheeler, Buffalo, NY of Cantor Dolce & Panepinto

$792,500

34

VerdictSearch’s Top New York Settlements of 2013

NAM CHOSEN AS THE 1 ADR FIRM #

THIRD YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY

NAM Congratulates Labor Law Mediator Robert Adams, Esq. Voted one of the Top Ten Best Individual Mediators in New York State for three consecutive years by the New York Law Journal Rankings Survey

A SAMPLING OF MEDIATED SETTLEMENTS

Robert Adams, Esq.

DATE

AMOUNT

DATE

AMOUNT

DATE

AMOUNT

01-03-13 01-08-13 01-09-13 01-14-13 02-07-13 02-15-13 03-06-13 03-21-13 03-22-13 03-26-13 03-28-13 03-29-13 04-15-13 04-18-13 04-23-13 04-29-13

2,400,000 1,300,000 1,900,000 1,000,000 3,000,000 2,110,000 1,400,000 4,300,000 1,375,000 4,200,000 1,550,000 1,250,000 1,000,000 2,100,000 1,750,000 2,025,000

04-30-13 05-10-13 05-15-13 05-16-13 05-20-13 06-03-13 06-13-13 06-18-13 07-01-13 07-08-13 07-19-13 07-24-13 08-01-13 08-02-13 08-05-13 08-12-13

1,500,000 2,050,000 1,775,000 2,950,000 2,300,000 6,350,000 1,750,000 3,000,000 1,100,000 1,900,000 2,000,000 2,000,000 1,000,000 3,300,000 1,200,000 4,000,000

09-03-13 09-12-13 09-19-13 09-24-13 09-30-13 10-02-13 10-08-13 10-15-13 10-16/13 11-01-13 11-18-13 11-21-13 11-26-13 12-09-13 12-10-13 12-11-13

1,100,000 1,900,000 3,500,000 1,200,000 2,450,000 1,500,000 2,400,000 1,200,000 3,475,000 1,800,000 2,650,000 1,900,000 2,600,000 2,400,000 2,000,000 4,400,000

Former Senior V.P. Risk Management, Tishman Construction Corp.

Specialties Include: Labor Law, Construction, Insurance Coverage, Sports Law, Entertainment, International

The Better Solution

®

122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Staten Island, Westchester and Buffalo (800) 358-2550 | www.namadr.com

2013 TOP SETTLEMENTS NY

Construction CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Faraci v. Avalon Riverview North LLC

7/8/13

Kings Supreme

Accidents: Worker struck by crane's load, claimed career-ending injuries

Nick Gjelaj, Forest Hills, NY of Mullaney & Gjelaj, PLLC, trial counsel; Warren A. Zwirn, Brooklyn, NY of Zwirn & Saulino, P.C.

$750,000

Krawec v. AMTRAK

9/4/13

S.D.N.Y.

Plaintiff injured by tripping hazard within railroad tracks

John Zaremba, New York, NY of Zaremba Brownell & Brown PLLC

$650,000

Andruszckiewicz v. Constructomax

7/2/13

Kings Supreme

Inadequate access to construction site in New Jersey caused plaintiff's injuries

Daniel Gluck, New York, NY of Zaremba Brownell & Brown PLLC

$375,000

Consumer Protection CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Mejias v. Chrysler Group, LLC

4/30/13

Office of the Attorney General

Lemon Law: SUV's engine, electrical system were irreparable, owner claimed

Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.

$37,745

Danngerous Condition of Public Property CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Reitzer v. City of New York

12/10/12

Bronx Supreme

Damaged sidewalk ignored for years, plaintiff claimed

Jonathan L. Gleit, Bronx, NY of Law Office of Jonathan L. Gleit

$825,000

Nick Gjelaj was selected to the 2013 New York Super Lawyers List We Handle all types of accident cases involving serious injuries including construction accidents, motor vehicle accidents, false arrests, premises accidents, elevator accidents and medical Malpractice.

Our results have been published in New York Magazine for being part of the team that had three of the top construction settlements and verdicts for the entire State of New York. We have been published in New York Law Journal, NY Verdict Reporter and the National Verdict Reporter. Nick Gjelaj is a board of director with the New York State Trial Lawyers Association where he is the co-chair of the Immigrant Worker Outreach Program. He has tried many cases to verdict and he has recovered over $150,000,000 for his clients. His results have been published in New York Law Journal, NY Verdict Reporter and the National Verdict Reporter. He is a board of director with the New York State Trial Lawyers Association where he is the co-chair of the Immigrant Worker Outreach Program. Nick was recently named a Super Lawyer for 2013. Pat Mullaney is an active trial attorney who has tried close to 20 cases since forming his own firm in March 2011. He was recently honored to be acknowledged as one of the Top 100 Irish American lawyers in America. 100-09 Metropolitan Avenue Forest Hills, NY 11375 T: 718.821.8100 • F: 718.821.8108

36

VerdictSearch’s Top New York Settlements of 2013

277 Broadway, New York, NY 10007

www.maglawyers.com

2013 TOP SETTLEMENTS NY

Government CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Litrell v. City of New York

3/21/13

Richmond Supreme

Municipalities: Boy struck by minivan after Jason L. Paris, New York, NY of Paris & Chaikin PLLC slipping on icy roadway

$2,000,000

Robles v. NYC

5/29/13

Bronx Supreme

Municipalities: Plow's driver not mindful of lane boundaries, suit alleged

David M. Oddo, New York, NY of Okun, Oddo & Babat, P.C.

$1,500,000

Varano v. City of New York

3/4/13

Kings Supreme

Municipalities: City ignored uneven sidewalk, plaintiff claimed

Marc E. Freund, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C.

$750,000

Edwards v. City of New York

5/17/13

Bronx Supreme

Municipalities: City ignored crosswalk's pothole, plaintiff claimed

James W. Bacher & Lawrence B. Saftler, New York, NY of The Saftler Law Firm

$350,000

Wu v. City of New York

12/18/12

Kings Supreme

Municipalities: Student's finger crushed by door during teacher's absence

Daniela F. Henriques & Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.

$350,000

Porter v. City of New York

2/14/13

Bronx Supreme

Excessive Force: Policeman needlessly shot teen after altercation, suit alleged

Jonathan L. Gleit, Bronx, NY

$225,000

Insurance CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Wales Cluster Corp. v. Seneca Insurance Co. Inc.

2/15/13

Bronx Supreme

Coverage & Property Damage: Excavation project damaged neighboring buildings, suit alleged

Frank Winston, New York, NY of Lerner, Arnold & Winston, LLP; Eric Goldberg, New York, NY of Kahn & Goldberg, LLP

$2,188,952

Intentional Torts CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Kramer v. S & S Pub Inc.

2/12/13

Nassau Supreme

Assault and Battery: Pub's patron claimed he was injured by bouncer

Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman, PLLC

$100,000

VerdictSearch’s Top New York Settlements of 2013

37

2013 TOP SETTLEMENTS NY

Medical Malpractice CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Figueroa v. NYCH & HC

1/14/13

Bronx Supreme

Failure to Diagnose: Child's apnea led to hypoxia, damage of brain, suit alleged

Robert J. Genis, Bronx, NY of Sonin & Genis

$7,000,000

Camacho v. Salem

5/1/13

Dutchess Supreme

Obstetrics: Botched delivery resulted in developmental delays and autism spectrum disorder.

Brian Brown, New York, NY of Zaremba Brownell & Brown PLLC

$3,500,000

Daly v. Madhussudan

12/9/13

Richmond Supreme

Obstetrics: Negligent use of vacuum at time of delivery

Alan S. Ripka, New York, NY of Napoli, Bern, Ripka, Shkolnik, LLP

$2,400,000

Estate of Engram v. Noble Medical Associates, Inc

3/20/13

Kings Supreme

Premature Discharge: Incomplete treatAllan Zelikovic, New York, NY of Weitz & Luxenberg P.C. ment led to fatal loss of blood, suit alleged

$2,200,000

Robinson v. Silverstein

12/10/13

New York Supreme

Obstetrics: Failure to timely deliver baby leading to hemorrhage, palsy and seizures.

Alan S. Ripka, New York, NY of Napoli, Bern, Ripka, Shkolnik, LLP

$2,000,000

Mendoza v. Raj

12/6/13

Bronx Supreme

Medical Malpractice Plaintiff burned by laser during lipolysis procedure.

Andrew Laskin, New York, NY of Robinson & Yablon, PC

$1,250,000

Schultz v. Queens-Long Isalnd Medical Group, P.C.

4/22/13

Nassau Supreme

Delayed Treatment: Doc didn't reveal that test found cancer, estate alleged

Nicholas A. Wise & Allan Zelikovic, New York, NY of Weitz & Luxenberg P.C.

$1,100,000

Singh v. Cheema

12/5/12

Queens Supreme

Failure to Monitor: Doc provided no management of diabetes, patient claimed

Alan S. Ripka, New York, NY of Napoli, Bern, Ripka, Shkolnik, LLP

$1,000,000

Estate of Fulton v. Central Brooklyn Medical Group, P.C.

2/16/13

Kings Supreme

Failure to Test: Doc repeatedly ignored signs of cancer, estate alleged

Michael K. Eidman, New York, NY of Law Office of Michael K. Eidman

$950,000

Estate of Mincieli v. Anderson

5/10/13

Suffolk Supreme

Cancer Diagnosis: Polyp not properly examined, plaintiff's counsel alleged

Peter B.N. Christy, New York, NY of Petrocelli & Christy

$925,000

Estate of Gbetoho v. Rolon

4/12/13

New York Supreme

Failure to Test: Patient's fatal clot deemed a migraine, suit alleged

Elizabeth Montesano, New York, NY of Sullivan Papain Block McGrath & Cannavo P.C.

$750,000

Rivera v. Alcaide

1/3/13

Kings Supreme

Surgical Error: Doc's unnecessary cut caused sterility, suit alleged

Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.

$750,000

Ginsburg v. Ingrassia

7/1/13

Rockland Supreme

Failure to conduct colorectal screening led to late discovery of stage IV colon cancer

Brian Brown and Daniel Gluck, New York, NY of Zaremba Brownell & Brown $675,000 PLLC

Correa v. New York City Health and Hospitals Corp.

11/27/12

New York Supreme

Failure to Detect: Patient's aorta damaged during installation of catheter's port

Sherri L. Plotkin, New York, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP

$500,000

Motor Vehicle: Bicycle CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Marca v. Andrew James Interiors

12/5/13

Queens Supreme

Bicycle: Intoxicated bicyclist struck by van. Police report adverse to plaintiff.

Kenneth Wilhelm, New York, NY of Law Office of Kenneth A. Wilhelm

$5,600,000

Jardim v. New York & Co.

3/12/13

Kings Supreme

Bicycle: Store negligence caused serious injury, plaintiff cliamed

Marc E. Freund, New York, NY of Thomas J. Moverman, Esq.

$2,200,000

Milea v. Feher Rubbish Removal

12/2/13

Onondaga Supreme

Bicycle: Infant bicyclist struck by garbage truck.

John E. Ballow, Buffalo, NY of The Ballow Law Firm, PC

$450,000

Anastasakis v. Amin

5/30/13

Kings Supreme

Bicycle: Speeding driver struck bicyclist, suit alleged

Gil Zohar, New York, NY of The Law Offices of Michael S. Lamonsoff, PLLC

$100,000

Cooks v. Marshall

2/7/13

Monroe Supreme Bicycle: Bicyclist, van's driver traded blame Sean Kelley, Buffalo, NY of Cellino & Barnes, P.C. for collision

$15,000

Deming v. Williams

7/1/13

Cattaraugus Supreme

$9,000

38

VerdictSearch’s Top New York Settlements of 2013

Bicycle: Motorist didn't yield while exiting parking lot, bicyclist claimed

John W. Looney, Buffalo, NY of Cellino & Barnes, P.C.

NAM CHOSEN AS THE 1 ADR FIRM #

THIRD YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY

NAM Congratulates Medical Malpractice Mediator Kenneth Grundstein, Esq. Voted one of the Top Ten Best Individual Mediators in New York State for four consecutive years by the New York Law Journal Rankings Survey

A SAMPLING OF MEDIATED SETTLEMENTS DATE

AMOUNT

DATE

AMOUNT

DATE

AMOUNT

01-03-13 01-08-13 01-09-13 01-16-13 01-16-13 02-04-13 02-06-13 02-07-13 02-08-13 02-13-13 02-15-13 03-04-13 03-06-13 03-12-13 03-15-13 03-21-13

1,750,000 1,500,000 4,000,000 5,600,000 2,500,000 1,150,000 2,600,000 1,900,000 1,450,000 2,030,000 2,800,000 1,300,000 2,800,000 2,925,000 1,499,000 6,500,000

04-02-13 04-22-13 04-23-13 04-24-13 04-29-13 05-09-13 05-30-13 06-27-13 07-08-13 07-09-13 07-12-13 07-12-13 07-25-13 07-26-13 08-01-13 08-06-13

1,250,000 3,750,000 3,000,000 2,000,000 1,300,000 3,500,000 3,000,000 1,900,000 1,700,000 2,750,000 1,300,000 1,175,000 2,300,000 1,450,000 1,450,000 1,500,000

08-07-13 08-13-13 08-13-13 08-14-13 08-16-13 08-23-13 09-11-13 09-23-13 09-24-13 10-03-13 10-04-13 10-08-13 10-21-13 11-01-13 12-09-13 12-13-13

2,300,000 2,500,000 2,800,000 2,500,000 4,750,000 1,500,000 1,500,000 2,365,000 3,000,000 1,700,000 1,400,000 1,600,000 7,500,000 1,500,000 1,750,000 1,475,000

Kenneth Grundstein, Esq.

Former NYC Chief Settlement Negotiator

Specialties Include: Medical Malpractice, Labor Law, Catastrophic Injury, Products Liability, Property Damage

The Better Solution

®

122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Staten Island, Westchester and Buffalo (800) 358-2550 | www.namadr.com

2013 TOP SETTLEMENTS NY

Motor Vehicle: Broadside CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Sanchez v. Lonero Transit Inc.

4/9/13

Bronx Supreme

Broadside: Vehicular accident caused spinal injury, plaintiff claimed

Daniel P. O'Toole & Frederick C. Aranki of Block, O'Toole & Murphy, LLP, New York, NY, trial counsel to Elliot Ifraimoff & Associates, P.C., Forest Hills, NY

$2,925,000

Cook v. Goldman

6/21/13

Chautauqua Supreme

Broadside: Motorist didn't look before exiting driveway, suit alleged

Eric M. Shelton, Eden, NY of Campbell & Shelton, LLP

$1,100,000

Comacho v. Kildoyle

3/4/13

Bronx Supreme

Broadside: Car crash's parties each claimed Joseph B. Corpina & William K. Peterman, Bronx, NY of Corpina, Piergrossi right of way Overzat Klar & Peterman, LLP

$250,000

Bones v. Lojek

10/9/13

Niagara Supreme

Broadside: Motorist's hasty turn caused crash, plaintiff claimed

$40,000

Frank J. Dolce, Buffalo, NY of Cantor Dolce & Panepinto

Motor Vehicle: Crosswalk CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Melchiorre v. Dreisch

1/31/13

Richmond Supreme

Crosswalk: Turning motorist didn't yield, injured pedestrian claimed

S. Joseph Donahue & Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP

$1,050,000

Roman-Calvo v. Cano

6/11/13

Bronx Supreme

Crosswalk: Plaintiff struck by work van while crossing over street

Michael Arce & Yolanda Castro-Arce, Bronx, NY of The Arce Law Office, PLLC

$525,000

Motor Vehicle: Dangerous Condition CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Loachino v. Fardella

11/28/12

Queens Supreme

Dangerous Condition: Slow-moving truck caused accident, motorist claimed

John Dalli, Mineola, NY of Dalli & Marino, L.L.P.

$750,000

Motor Vehicle: Hit & Run CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Greenberg v. Dexheimer

5/7/13

Sullivan Supreme

Hit and Run: Defense: Plaintiff misidentified motorist involved in car collision

Stuart W. Mosbacher, Middletown, NY of Law Offices of Sobo & Sobo L.L.P.

$25,000

Motor Vehicle: Intersection CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Heigl v. Ambinder

7/29/13

Rockland Supreme

Intersection: Plaintiff sustained brain damage in conclusion

Peter B.N. Christy & Michael D. Zentner, New York, NY of Petrocelli & Christy

$1,625,000

Gagliardo v. Eagle Auto-Mall Sales Inc

6/19/13

Nassau Supreme

Intersection: Driver ignored red light, caused multi-car crash, plaintiff claimed

Deanne M. Caputo, Garden City, NY of Sullivan Papain Block McGrath & Cannavo P.C.

$750,000

Tisack v. Rompf-Gallick

8/16/13

Niagara Supreme

Intersection: Automobile accident caused spinal injury, plaintiff claimed

Charles S. Desmond, II, Buffalo, NY of Gibson, McAskill & Crosby, LLP

$655,000

Hull v. Berardi

6/7/13

St. Lawrence Supreme

Intersection: Motorist ignored flashing red Howard R. Schatz & Mitchell Silbowitz, New York, NY of Silbowitz, Garalight, caused crash, suit alleged fola, Silbowitz, Schatz & Frederick, L.L.P.

$600,000

Benkleman v. Kolb

4/26/13

Erie Supreme

Intersection: Motorist's careless turn caused accident, plaintiff claimed

Lawlor F. Quinlan, III, Buffalo, NY of Connors & Vilardo LLP

$600,000

Marmo v. Huang

9/12/13

New York Supreme

Intersection: Car crash's parties each claimed other should have yielded

Robert K. Marchese, Staten Island, NY of The Law Offices of Robert K. Marchese, Esq., P.C.

$75,000

Hong v. Qui

5/9/13

Queens Supreme

Intersection: Car crash's parties debated status of traffic signals

Eli Babaev, Flushing, NY of trial counsel, The Law Offices of Charles C. Khym $20,000

Anderson-Miller v. Banno

6/3/13

Nassau Supreme

Intersection: Car crash's parties disputed status of traffic signals

Ernest T. Lawson, Mineola, NY of Levine and Wiss PLLC

40

VerdictSearch’s Top New York Settlements of 2013

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2013 TOP SETTLEMENTS NY

Motor Vehicle: Lane Change CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Jaramillo v. V & W Trucking Limited

2/27/13

Westchester Supreme

Lane Change: Highway accident caused back and neck injuries, suit alleged

William K. Peterman, Bronx, NY of Corpina, Piergrossi, Klar & Peterman, LLP

$935,000

Motor Vehicle: Left Turn CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Jurquera v. DL Peterson Trust

12/20/12

Bronx Supreme

Left Turn: Turning trucker didn't yield, injured pedestrian claimed

Stephen J. Murphy & David L. Scher, New York, NY of Block O'Toole & Murphy, LLP

$750,000

Miranda v. Jackson

1/9/13

Kings Supreme

Left Turn: Car crash caused by motorist rushing to work, defense argued

Jason Firestein, Sayville, NY of Zlotolow & Associates

$25,000

Calogero v. Ni

4/4/13

Kings Supreme

Left Turn: Motorist didn't yield during turn, injured pedestrian claimed

Steven T. Goldstein, New York, NY of Goldstein & Handwerker

$25,000

Motor Vehicle: Lemon Law CASE

DATE

VENUE

Bryk v. Volkswagen of America Inc.

7/18/13

Office of the Lemon Law: Car was disabled by emissions Attorney General malfunction, owner claimed

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.

$25,560

Motor Vehicle: Motorcycle CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Serfess v. Becker

12/12/12

Orange Supreme

Motorcycle: Improper loading of rig caused Brian A. Sichol, Suffern, NY of Sichol & Hicks P.C. accident, suit alleged

$2,000,000

Duvigneaud v. City of New York

5/23/13

New York Supreme

Motorcycle: City ignored pothole, injured motorcyclist claimed

Scott A. Wolinetz, New York, NY of Scott A. Wolinetz, P.C.

$175,000

McDurfee v. Sparks

4/30/13

Ontario Supreme Motorcycle: Turning driver didn't yield, injured motorcyclist claimed

James L. Alexander, Syracuse, NY of Alexander & Catalano LLC

$50,000

Motor Vehicle: Multiple Vehicle CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Aguilar v. Alonzo

4/25/13

Kings Supreme

Multiple Vehicle: Trucker's inattentiveness led to fishtailing, accident, suit alleged

Sharon A. Scanlan, Newburgh, NY of Jacoby & Meyers; Lorenzo J. Tasso, Long Island City, NY

$5,000,000

Hernandez v. Advance Transit Co. Inc.

11/13/12

Bronx Supreme

Multiple Vehicle: Car crash caused disabling neck injuries, plaintiff claimed

Alan J. Stern, Garden City, NY of Alan J. Stern, P.C.

$2,075,000

Gates v. Nowe

11/12/12

Niagara Supreme

Multiple Vehicle: Driver's turn from wrong lane caused crash, plaintiff claimed

Donald P. Chiari, Depew, NY & Bradley D. Marble, Lancaster, NY of Brown Chiari LLP

$2,000,000

Ruiz v. Anderson

3/5/13

Bronx Supreme

Multiple Vehicle: Automobile accident caused spinal injuries, plaintiff claimed

Eitan A. Ogen & Natalie Sedaghati, New York, NY of Ogen & Sedaghati, P.C.

$1,300,000

Lopez v. Massaro

1/29/13

Suffolk Supreme

Multiple Vehicle: Plaintiff claimed traffic accident caused permanent spinal woes

Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy, LLP

$1,200,000

Rivkin v. New York City Department of Parks and Recreation

2/28/13

Richmond Supreme

Multiple Vehicle: Car crash caused disabling ankle fracture, plaintiff claimed

Timothy M. O'Donovan, Staten Island, NY of Law Office of Timothy M. O'Donovan

$1,000,000

Lovelace v. Hendler

1/22/13

Bronx Supreme

Multiple Vehicle: Motorist's dash across street caused crash, suit alleged

Stephen J. Murphy & David L. Scher, New York, NY of Block O'Toole & Murphy, LLP

$950,000

42

VerdictSearch’s Top New York Settlements of 2013

2013 TOP SETTLEMENTS NY

Motor Vehicle: Multiple Vehicle CASE

DATE

VENUE

TYPE OF ACTION

Jones v. Wolfsdorf

3/20/13

Queens Supreme

Multiple Vehicle: Multi-car crash caused in- Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg juries of spine, shoulder, plaintiff claimed Kelly Della

PLAINTIFF'S COUNSEL

$500,000

AMOUNT

Barmann v. Babjeck

5/16/13

Ulster Supreme

Multiple Vehicle: Woman broke pelvis, shoulder, ribs in automobile accident

Joseph E. O'Connor, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.

$400,000

Ugbomah v. GEICO

4/25/13

American Arbitration Association

Multiple Vehicle: Car crash caused injuries of neck, claimant alleged

Eitan A. Ogen & Natalie Sedaghati, New York, NY of Ogen & Sedaghati, P.C.

$300,000

Marinelli v. Roti

1/22/13

Kings Supreme

Multiple Vehicle: Multi-car crash caused knee, shoulder injuries, plaintiff claimed

Lennon C. Edwards, New York, NY of Mills & Edwards, LLP, trial counsel, Krentsel & Guzman, LLP

$250,000

Higgins v. Weber

7/12/13

Wyoming Supreme

Multiple Vehicle: Farm vehicle's surprise turn caused accident, plaintiff claimed

Samuel J. Capizzi, Lancaster, NY of Brown Chiari LLP

$215,000

Wodecki v. Vinogradov

1/15/13

Nassau Supreme

Multiple Vehicle: Multi-car crash led to two Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg surgeries, plaintiff claimed Kelly Della

$200,000

Rutkovsky v. Sontag

5/16/13

Nassau Supreme

Multiple Vehicle: Car crash's parties each claimed other ran red light

Matthew J. Fein, New York, NY of Pazer, Epstein & Jaffe P.C.

$190,000

Raguso v. Abruzzo

7/29/13

Suffolk Supreme

Multiple Vehicle: Car crash led to elbow pain, surgery, plaintiff claimed

Michael DellaUniversita, Ronkonkoma, NY of Gruenberg Kelly Della

$150,000

Chung v. Fusco

5/21/13

Queens Supreme

Multiple Vehicle: Motorist struck other car while avoiding box, suit alleged

Robert Alan Saasto & Ryan Alan Saasto of Woodbury, NY, trial counsel to Sim & Park, LLP, New York, NY

$110,000

German-Willis v. Diflo

7/29/13

Onondaga Supreme

Multiple Vehicle: Motorist ignored traffic signal, caused crash, plaintiff claimed

James E. Reid, Syracuse, NY of Greene & Reid, PLLC

$60,000

Stonehouse v. Munson

5/16/13

Monroe Supreme Multiple Vehicle: Woman claimed she tore wrist in automobile accident

Scott D. Carlton, Buffalo, NY of Cellino & Barnes, P.C.

$50,000

Motor Vehicle: No-Fault Case CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Cosovic v. M&F Flooring Co Inc

7/15/13

Kings Supreme

No-Fault Case: Auto accident caused disabling spinal injury, plaintiff claimed

Thomas P. O'Malley, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C.

$1,800,000

Sferrazza v. Alfredo La Manna Trucking Inc.

4/17/13

Queens Supreme

No-Fault Case: Plaintiff claimed multivehicle crash caused spinal injuries

Stephen J. Murphy & Michael J. Hurwitz, New York, NY of Block O'Toole & Murphy, LLP

$750,000

Johnston v. Peluso

3/14/13

Suffolk Supreme

No-Fault Case: Expressway accident caused Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della shoulder injuries, plaintiff claimed

$100,000

Cuevas-Suazo v. Sheikowitz

12/3/12

Richmond Supreme

No-Fault Case: Traffic accident caused injuries of back and neck, plaintiff claimed

$80,000

Hiram Anthony Raldiris, New York, NY of Law Offices of Eric H. Green

Motor Vehicle: Parental Liability CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Reynolds v. Barner

4/30/13

Matter not filed

Parental Liability: Speeding neophyte flipped utility vehicle, injured rider

Scott D. Carlton, Buffalo, NY of Cellino & Barnes, P.C.

$75,000

Motor Vehicle: Parked Car CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Martinez v. Nestle Water of North America

3/4/13

Bronx Supreme

Parked Car: Vehicles collided while passing double-parked truck

Nick Gjelaj, Middle Village, NY of Mullaney & Gjelaj, trial counsel to Benjamin Setareh, Pleasantville, NY

$950,000

Derush v. Naruszewicz

10/25/13

Chautauqua Supreme

Parked Car: Plaintiff claimed car accident caused spinal injuries

Frank J. Dolce, Buffalo, NY of Cantor Dolce & Panepinto

$200,000

VerdictSearch’s Top New York Settlements of 2013

43

202 East 35th Street New York, NY 10016 Tel: (212)344-3440 www.osfirm.com

T

he team of Eitan Ogen and Natalie Sedaghati have an impressive proven record of multiple 7-figure and 6-figure verdicts and settlements, many for non-surgical, “soft tissue” disputed cases with problematic liability scenarios. Once again, they have had several of their cases honored in this year’s NYLJ’s Top Settlements publication. Both partners were selected as Super Lawyers–a designation awarded to only the top 5% of attorneys in New York–and are Members of the Multi-Million Dollar Advocates Forum. Additionally, Natalie Sedaghati is one (1) of only nine (9) female attorneys selected as a Super Lawyer in New York in the practice area of Personal Injury and was re-selected as a Super Lawyer for 2013. Natalie Sedaghati and Eitan Ogen have also been featured in Newsweek’s Top Leaders in Personal Injury 2012, as well as Fox 5 News, UPN 9 News, the Montel Williams Show, NY Times, NY Daily News and NY Post for their very successful and unprecedented litigation in high profile cases. NOTEWORTHY CASES $4.25 Million Pre-Trial Settlement 44-year-old man in motor vehicle accident, who sustained disc herniations, with sporadic treatment, which ultimately required surgery. Defendants argued that he had mere “soft tissue” injuries, the accident required no tow, no ambulance, and no ER, where claimant returned to work shortly after the accident. They also argued that the surgery was not related to the accident as the claimed injuries were pre-existing and degenerative, and that he had made a good recovery. $2.5 Million Jury Verdict In a case against the MTA/NYC Transit, a woman sustained a shoulder impingement (no tear) with arthroscopic surgery resulting from MVA. She also had a disputed disc bulge/protrusion. Defendant’s doctors testified that there was nothing wrong with her and that any symptoms were from an unrelated carpal tunnel condition for which she had surgery following the accident. Amount suggested to Jury was $1 million. MTA’s initial offer was $2,500. Maximum offer was $125,000. This was the second highest verdict in NY for a motor vehicle/No Fault case in 2011 Top NY Verdicts. $2.45 Million Pre-Trial Settlement A 42-year-old in a low-speed, minimal impact disputed liability MVA. Client had nearly identical degenerative MRI findings prior to the accident. Defendants’ doctors disputed any causality and necessity of any surgery or treatment, as client had returned to work after MVA, she had minimal and sporadic therapy and she had resolved. Zurich previously had maintained a no-pay position. $1.5 Million Pre-Trial Settlement involving a major rental car company in a one car accident. The driver carried only a minimum $25,000 policy.

Attorney advertising. Prior results do not guarantee a similar outcome.

Many attorneys would have stopped the inquiry there and settled for the $25,000. We pursued the rental car company, who denied they were liable to pay anything additional, due to Graves Amendment (a Fed. Law that grants immunity to rental car companies beyond the state minimum insurance limit), and that they were only liable, at most, for their $25,000 minimum policy limits. 1.375 Million Jury Verdict A 39-year-old unemployed man in a soft-tissue MVA, knee arthroscopy case with no property damage, no ER, no lost wages, minimal treatment. Defendants’ doctors testified that plaintiff’s examination was normal and MRI films were normal with d generation. Client had a prior injury and surgery to same body part. Allstate maintained no-pay position through time of verdict. $1.3 Million Pre-Trial Settlement, full policy tender, for 50 year old undocumented immigrant housekeeper in minimal impact motor vehicle accident ($638 property damage to the vehicle she was in, minimal property damage), no injuries reported at scene, no ambulance, no hospital, waited almost 1 month after accident to see her first medical provider (while continuing to work full time), large unexplained gaps in treatment, MRI showed bulging disc. Insurance carrier USAA initially valued at $7,500, then raised offer to only $50,000 after her surgery (which was several years after the accident), as they argued that the surgery was unnecessary and not causally related to the accident. Defense doctors opined that her condition was normal and degenerative and the surgery was unnecessary. Original offer: $7,500. Case featured in NYLJ’s Top Settlements 2013. $1 Million Pre-Trial Settlement Policy limits were obtained in Queens County pre-trial settlement for 2 Middle Eastern immigrants, where Defendants argued that all injuries were degenerative and pre-existed the accident. $600,000 Jury Verdict for unemployed convicted felon, in disputed liability and damages case. He had no complaints of pain at the scene, did not go to ER, and returned to physical work following this accident (no lost wage claim). Defendants’ experts opined that he did not suffer any injuries in the accident. He also had large, unexplained gaps in treatment. Defendants established that Plaintiff lied on the stand, proved that the doctor he had initially been to (prior to retaining our office) had been accused of misconduct, and brought his current employer in to testify that he did heavy duty labor, without any complaints. Defendant driver testified and showed photos confirming barely visible property damage, no cars were towed from the scene, and it was a minor impact. Original offer: $3,000; offer after arthroscopic surgery: $50,000; offer right before trial: $125,000. Case tried against head partner of large defense firm

NON-SURGICAL SOFT TISSUE/DISPUTED LIABILITY CASES $1.3 Million Jury Verdict A 35-year-old, in a soft tissue, non-surgical herniated disc MVA, where Defendants denied liability, plaintiff had minimal treatment, no lost wages. Defendants’ doctors testified that their exams were normal. Defendants argued he had the same injury from a prior MVA, which he failed to reveal to his doctors. State Farm valued case at $50,000. Amount asked of the Jury was $1 million. $1.2 Million Jury Verdict A 43-year-old driver, in a soft tissue, non-surgical herniated disc MVA case, where Defendants denied liability, client’s treatment was primarily with a chiropractor. No lost wages and minimal treatment. Defendants’ doctors testified that Plaintiff’s exam and films were normal. Amount suggested to Jury was $1 million. The award was one of the highest ever for pain and suffering only for a single, non-surgical disc. App. Div. sustained $700,000, one of the largest amounts sustained ever for such injury. NJ Manufacturers valued case at $7,500. 100K policy tender during trial rejected as untimely. Bad faith lawsuit pending. $960,000 Judicial Award A 37-year-old driver with non-surgical bulging discs, minimal property damage $850,000 Jury Verdict A 49-year-old unemployed man in a soft tissue, non-surgical herniated disc MVA case, with minimal property damage, no ER, no lost wages. Plaintiff first sought care with a chiropractor 9 days after the accident. Treatment thereafter was sporadic and minimal. Defendant’s doctors testified that plaintiff’s back condition was pre-existing and degenerative, that he was not injured and his exam was completely normal. American Transit valued the case at $6,000. $500,000 New York County Pre-Trial Settlement A 43-year-old immigrant residing in Suffolk who claimed non-surgical bulging and herniated disc, and was never recommended for any surgery. Defendant’s doctors stated Plaintiff’s exams were completely normal, that he was capable of working without any restrictions, his soft tissue injuries were minor, degenerative, and were completely resolved. $425,000 Pre-Trial Settlement in MVA case where Defendants argued that Plaintiff sustained soft tissue injuries from which she had resolved, her medical exams were normal and she was working full time without any restrictions. Our client’s recovery was nearly 30 times greater than that of another passenger in her vehicle, with similar soft tissue injuries, but who was represented by another attorney.

$300,000 Arbitration Award (full available policy limits) in non-surgical, minimal property damage case, no complaints at scene, no ambulance, no lost wages, large unexplained gaps in treatment, and normal exams by insurance doctors. She claimed a herniated disc (disputed by the insurance co. doctors) for which no surgery was recommended. The vehicle that struck her had minimal $25,000 coverage with Progressive, who initially only offered only $2,500. We nevertheless persuaded them to pay the $25,000 and then pursued an underinsurance (SUM) claim against GEICO. GEICO argued that our client had already received too much from Progressive, and that, at most, they would offer an additional $7,500. We nevertheless obtained the entire available SUM policy limits at arbitration. Case featured in NYLJ’s Top Settlements 2013. DISPUTED ON-THE-JOB CASES $900,000 Settlement in a case involving an employee injured on the job (ordinarily barred from suing the employer), wherein we successfully held the tenant (a separate but related corporate entity from the employer) liable for the client’s injuries. St. Paul had previously maintained a no-pay position. $600,000 Settlement following liability jury verdict in disputed liability case, where our client was injured while working. The tenant who operated the store was her employer. We sued the landlord, who denied any liability, and argued that he was an absentee landlord who had nothing to do with the store. Jury awarded 100% liability against the landlord, who settled immediately thereafter. Greater New York had no-pay position until liability ve dict reached. $450,000 Settlement Hand injury in a case involving an employee injured on the job (ordinarily barred from suing the employer), wherein we successfully sued related, but separate corporate entities, despite the fact that they were owned by the same parent corporation and owners. Zurich had previously maintained a no-pay position. COURT DECISION IN THE NEWS $11 million lawsuit against Madison Square Garden given go-ahead to proceed by New York State Supreme Court in widely publicized case where spectator was struck by a hockey puck at MSG. (Precedent-setting case in NY) Appeals Court Triples Award After we obtained an award of $168,000 for Plaintiff’s soft tissue injuries in a minor impact accident (one of the top motor vehicle verdicts in New York in 2011), we appealed, requesting an increase in the amount awarded for future pain and suffering. The Appellate Court agreed with us and added an additional $300,000 to the verdict. The total recovered, with interest and costs, exceeded $550,000. GEICO originally valued the case at $7,500. Highest offer was $50,000. Defendant disputed that Plaintiff suffered a “serious injury” under the law, and any causality between the accident and the injuries.

2013 TOP SETTLEMENTS NY

NEW YORK’S

VERDICTS & SETTLEMENTS

TM

Tel: (212)344-3440 www.osfirm.com Attorney advertising. Prior results do not guarantee a similar outcome.

2013 TOP SETTLEMENTS NY

Motor Vehicle: Passenger CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Toal v. Place

12/6/13

Kings Supreme

Passenger: Plaintiff passenger in wife's car injured when she ignored traffic control signals and collided with another vehicle.

Kenneth Wilhelm, New York, NY of Law Office of Kenneth A. Wilhelm

$2,550,000

Abramov v. Robin Bus Co Inc

3/28/13

Kings Supreme

Passenger: Car crash caused back, knee, shoulder injuries, plaintiff claimed

Stephen J. Murphy & David L. Scher, New York, NY of Block O'Toole & Murphy, LLP

$1,675,000

Cicalese v. Burier

12/10/13

Kings Supreme

Passenger: Plaintiff passenger in leftturning taxi was injured when struck by oncoming vehicle.

Nick Gjelaj, Queens, NY, of Mullaney & Gjelaj, PLLC

1,000,000

Spinola v. Lowe

4/12/13

Nassau Supreme

Passenger: Driver's dozing led to crash, passenger claimed

Alison D. Metzler, Garden City, NY of Sullivan Papain Block McGrath & Cannavo P.C.

$900,000

Polizzi v. Quality Provisions, Inc.

12/6/13

Kings Supreme

Plaintiff bus passenger injured when bus was rear-ended.

Kenneth Wilhelm, New York, NY of Law Office of Kenneth A. Wilhelm

$850,000

Motor Vehicle: Pedestrian CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Dang v. Gennaro

12/9/13

Kings Supreme

Pedestrian: Plaintiff struck on left leg by driver backing up through intersection

Marc E. Freund, New York, NY of Lipsig Shapey Manus & Moverman, PC

$2,900,000

Russo v. City of NY

2/11/13

Kings Supreme

Pedestrian: Woman struck by ambulance on sidewalk

Marc Gertler, New York, NY of Eric H. Green

$1,800,000

Schwartz v. New York City Transit Authority

6/17/13

Kings Supreme

Pedestrian: Bus driver, pedestrian traded blame for accident

Adam E. Deutsch, New York, NY of Morelli Alters Ratner LLP

$1,500,000

Kaur v. Shapiro

8/23/13

Queens Supreme

Pedestrian: Motorist's slow reaction caused fatal accident, suit alleged

Christopher F. Holbrook, Jericho, NY of Schwartzapfel Lawyers P.C.

$1,500,000

Caicedo v. Hackman

5/13/13

Nassau Supreme

Pedestrian: Motorist busted through gate, struck pedestrian, suit alleged

Christine M. Schibani, Medford, NY of Jacoby & Jacoby

$1,150,000

Kausar v. Berkowitz

4/11/13

Kings Supreme

Pedestrian: Vehicle spun out of collision, struck mother and daughter

David M. Oddo, New York, NY of Okun, Oddo & Babat, P.C.

$950,000

Acosta v. Sphinx Transportation

1/12/13

Bronx Supreme

Elderly priest suffered traumatic brain injury when struck by oncoming traffic

John Zaremba, New York, NY of Zaremba Brownell & Brown PLLC

$912,000

Eugene v. Feinstein

11/8/12

Queens Supreme

Pedestrian: Woman struck by car, claimed injuries of spine

Stephen Z. Williamson, Queens, NY of trial counsel, Elliot Ifraimoff & Associates

$900,000

Oleksyn v. Neatrour

6/18/13

Monroe Supreme Pedestrian: Man hit by car sustained fractures of arm, shoulder, wrist

Timothy Hedges, Rochester, NY of Cellino & Barnes, P.C.

$500,000

Shivaji v. Randolph

5/28/13

Kings Supreme

Pedestrian: Motorist, pedestrian disputed whether collision occurred

Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman

$300,000

Marchigiani v. SuperTrans NY Inc.

6/5/13

Westchester Supreme

Pedestrian: Bus driver fled after striking man loading truck, suit alleged

Russell Ragland, New York, NY of Hach & Rose, LLP

$275,000

Lehner v. Coffey

11/12/12

Suffolk Supreme

Pedestrian: Inattentive minivan driver struck dog walker, suit alleged

Erik L. Gray & Amy Rosenbloom, New York, NY of Weiss & Rosenbloom, P.C.

$225,000

Rak v. Peerless Insurance Co.

7/10/13

Niagara Supreme

Pedestrian: Man sustained broken shin in hit-and-run road-rage incident

Michael P.J. McGorry, Buffalo, NY of Silverberg, Yood, Sellers, McGorry & Silverberg

$75,000

Osso v. JTT Express Service Inc.

2/25/13

Nassau Supreme

Pedestrian: Car accident activated multiple sclerosis, plaintiff claimed

Jonathan C. Macri, Port Washington, NY of Parker | Waichman LLP

$20,000

46

VerdictSearch’s Top New York Settlements of 2013

MillsPersonal & Injury Edwards Law

“Results With Integrity” Every once in a while something new comes along that changes the image of an industry. The law firm of Mills & Edwards, LLP is bringing that change to the legal community. Mills & Edwards, LLP has been lauded as a top litigation firm in New York. Their lawyers have been recognized by the New York Law Journal on multiple occasions for obtaining some of the highest verdicts in New York State. They have also been recognized as a Rising Star in the New York, Super Lawyer, legal community. Clearly, those honors give insight to who they are as a firm and influence how defense firms negotiate with them. Mills & Edwards, LLP is a firm with aggressive and effective trial lawyers who are well prepared and ready for battle. Remarkably, other law firms often hire Mills & Edwards, LLP as trial counsel on their cases. These firms understand that the verdicts obtained by Mills & Edwards, LLP are often substantially more than other lawyers would be able to attain. Mills & Edwards, LLP handles complex personal injury/wrongful death claims. That includes auto/car accidents, trip and falls, slip and falls, medical malpractice, construction accidents, work related accidents, police brutality, false arrest, nursing home neglect/abuse, and product liability. Rebuilding lives after an injury is the sole nature of their practice. They are well equipped to provide injured persons and their families with the representation needed to seek the maximum compensation allowable by law. While they have the experience (almost 30 years collectively), skill, and tenacity needed to navigate the justice system, it’s the personal attention that makes a difference. “Our clients come to us with significant injury or loss. We feel it is our job to lighten the client’s load as much as possible by allowing them to focus solely on healing while we handle the rigors of litigation,” says Lennon Edwards. Being a client of the firm means you have selected a firm that is among the very best and your legal needs are met. Donte Mills explains, “It is true we reject a lot of cases. However, when we decide to take on a case, we handle every aspect needed to maximize the result. Because we believe people matter most, we prefer face to face interaction when meeting a client for the first time. That is the only true way to establish client confidence. Once that bond is established, we work together until justice is served.” The firm has been recognized for past verdicts, settlements, and other work inside and outside of the legal community. Here are some recent verdicts they obtained for their clients*: • • • • • •

Pedestrian fatally wounded after being hit by two cars- recovery $1,000,000.00 Bicyclist hit by bus because of inattentive driver- recovery $490,000.00 Hospital staff ignored patient’s risk for falling- recovery $850,000.00 Police officer used excessive force while making an arrest- recovery $850,000.00 Mother in the zone of danger watches son die after being struck by vehicle- recovery $1,000,000.00 Motorist swerved to avoid van but struck pedestrian- recovery $700,000.00

Call them if you have an injury or if a family member has been injured or died as a result of an accident. If they take your case, rest assured you will be in good hands. * no two cases are exactly alike and the same results are not guaranteed

14 Penn Plaza Suite 2202 New York, NY 10122 212.MELAWNY 212.635.2969 www.melawny.com

2013 TOP SETTLEMENTS NY

Motor Vehicle: Question Lights CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Donald v. Bynoe

11/29/12

Bronx Supreme

Question of Lights: Car crash's parties each claimed right of way

Judd F. Kleeger, New York, NY of Hecht, Kleeger & Damashek, PC

$1,650,000

King v. Islanm

4/10/13

Kings Supreme

Question of Lights: Car crash's parties each claimed right of way

Matthew Gray, New York, NY of Law Offices of Louis C. Fiabane

$50,000

Motor Vehicle: Railroad Crossing CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Young v. Singh

2/1/13

Queens Supreme

Railroad Crossing: Samaritan hurt when train hit and toppled disabled rig

Stephen J. Murphy & Christina Mark, New York, NY of Block O'Toole & Murphy, LLP

$3,925,000

Motor Vehicle: Rear End Collision CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Mancuso v. Velker

11/20/12

Suffolk Supreme

Rear-ender: Highway accident caused paralyzing injury

Louis Grandelli, New York, NY of Louis Grandelli, P.C.

$2,750,000

Colon v. Bobby Bus Co. Inc.

10/7/13

Bronx Supreme

Rear-ender: Car crash caused injuries of spine, shoulder, plaintiff claimed

Ian M. Chaikin & Jason L. Paris, New York, NY of Paris & Chaikin PLLC

$2,100,000

Bazarte v. Sieglen

4/16/13

Orange Supreme

Rear-ender: Car crash caused permanent brain damage, plaintiff claimed

Michael D. Wolff, Middletown, NY of Law Offices of Sobo & Sobo L.L.P.

$1,750,000

Cabrera v. Moss

9/27/13

Bronx Supreme

Rear-ender: Traffic accident led to spinal fusion, plaintiff claimed

Stephen J. Murphy, Michael J. Hurwitz & Christina Mark, New York, NY of Block O'Toole & Murphy, LLP

$800,000

Morris v. Morris

6/18/13

Livingston Supreme

Rear-ender: Plaintiff claimed highway accident caused injuries of knees, neck

Timothy Hedges, Rochester, NY of Cellino & Barnes P.C.

$750,000

Cotiletta v. Hewitson

2/11/13

Nassau Supreme

Rear-ender: Car crash caused spinal injuries, plaintiff claimed

Ian M. Chaikin, New York, NY of Paris & Chaikin PLLC

$450,000

Kim v. Sanders

11/29/12

Nassau Supreme

Rear-ender: Car crash caused knee, spine, shoulder injuries, couple claimed

Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New York, NY

$185,000

Ernestine v. Kearse

8/26/13

Onondaga Supreme

Rear-ender: Automobile accident caused neck injury, plaintiff claimed

Peter Catalano, Syracuse, NY of Alexander & Catalano LLC

$100,000

Ramirez v. Swenson Alaska Holdings, LLC

5/3/13

Saratoga Supreme

Rear-ender: Automobile accident caused spinal injury, plaintiff claimed

John F. Harwick, Latham, NY of Hacker Murphy, LLP

$100,000

Solano v. Allstate Insurance Company

12/9/13

American Arbitration Association

Motor Vehicle: Rear Ended: Plaintiff settled with defendant driver of other vehicle, then recovered by arbitration from her own SUM insurance.

Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.

$100,000

Sokol v. Mott

8/26/13

Delaware Supreme

Rear-ender: Inattentive driver caused three-car crash, plaintiff claimed

Alfred B. Mainetti, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.

$95,000

Shim v. Rivera

2/14/13

Queens Supreme

Rear-ender: Car crash caused back, knee, neck injuries, plaintiff claimed

Robert Alan Saasto & Ryan Alan Saasto, Brooklyn, NY, trial counsel to Sim & Park, LLP, New York, NY

$75,000

Harris v. Akram

3/15/13

Nassau Supreme

Rear-ender: Multi-car crash caused shoulder injuries, plaintiff claimed

Neil P. Flynn, Garden City, NY of Paul Ajlouny & Associates

$55,000

48

VerdictSearch’s Top New York Verdicts of 2012

2013 TOP SETTLEMENTS NY

Motor Vehicle: Red Light/Stop Sign CASE

DATE

VENUE

TYPE OF ACTION

Nunez-Padilla v. Flanagan

12/6/13

Orange Supreme

Traffic Device: Defendant failed to observe Michael Arce, Bronx, NY of The Arce Law Office, PLLC stop sign at intersection and struck plaintiff

PLAINTIFF'S COUNSEL

$1,025,000

AMOUNT

Estate of Good v. Sullivan

11/13/12

Suffolk Supreme

Red Light: Expectant father not entitled to Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della run red light, plaintiff claimed

$150,000

Motor Vehicle: Reversing CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Giordano v. O'Brien

4/17/13

Suffolk Supreme

Reversing Vehicle: Woman struck by car claimed disabling spinal injuries

Louis J. Cerrato, Garden City, NY of Frommer & Cerrato LLP

$1,450,000

Motor Vehicle: Right Turn CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Glasser v. Efrain

4/30/13

Kings Supreme

Right Turn: Van's driver failed to yield, injured bicyclist claimed

David L. Scher & Stephen J. Murphy, New York, NY of Block O'Toole & Murphy, LLP

$1,300,000

Doran v. Callahan

4/30/13

Onondaga Supreme

Right Turn: Driver misjudged turn, crossed sidewalk, injured man claimed

James G. Stevens, Jr., Syracuse, NY of Sugarman Law Firm LLP

$250,000

Brandow v. Gagen

3/12/13

Kings Supreme

Right Turn: Woman hit by car, claimed neck, shoulder injuries

David J. Hernandez, Brooklyn, NY of David J. Hernandez & Associates

$140,000

Motor Vehicle: Sideswipe CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Jacobs v. Johnston

3/29/13

Richmond Supreme

Sideswipe: Speeding driver caused crash in Jordan D. Hecht, New York, NY of Hecht Kleeger Pintel & Damashek work zone, plaintiff alleged

$1,175,000

Park v. Edge Auto Inc.

4/30/13

Nassau Supreme

Sideswipe: Expressway accident's parties each claimed other strayed

Robert Alan Saasto & Ryan Alan Saasto of Woodbury, NY, trial counsel to Sim & Park, LLP, New York, NY

$85,000

Paz v. Guevara

3/19/13

Nassau Supreme

Sideswipe: Car crash caused shoulder injury, plaintiff claimed

Jason A. Greenberg, Brooklyn, NY of Malone, Tauber & Sohn

$50,000

Motor Vehicle: Speeding CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Gardener v. City of New York & Gardener v. State of New York

1/2/13

Bronx Supreme & NYS Court of Claims

Speeding: Car crash killed six; inadequate median barrier blamed

Jeff S. Korek, New York, NY of Gersowitz, Libo & Korek, P.C.; Eric J. Buckvar, New York, NY of Buckvar & Buckvar; Robert Harnick, New York, NY of Harnick & Harnick

$22,194,000

Hodor v. Kooyker

5/30/13

New York Supreme

Speeding: Motorist not mindful of wet road, injured passenger claimed

Paul J. Edelstein & Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & Brown LLP; Judah Z. Cohen, New York, NY of Judah Z. Cohen, PLLC; Daniel A. Thomas, New York, NY of Daniel A. Thomas, P.C.

$5,500,000

Diaz v. City of New York

7/23/13

Bronx Supreme

Speeding: Plaintiff claimed she was struck by speeding police vehicle

Steven Smedresman, New York, NY of Law Office of Steven Smedresman P.C. and Alan R. Chorne, Esq., New York, NY

$3,000,000

Palmer v. Elrac Inc.

12/26/12

Bronx Supreme

Speeding: Man struck by car, claimed permanent brain damage

Marc J. Rothenberg & Adam M. Drexler, New York, NY of The Rothenberg Law Firm LLP

$1,200,000

Walsh v. City of New York

12/11/12

Kings Supreme

Speeding: Policeman was speeding needlessly, injured partner claimed

Sanford F. Young, New York, NY of The Law Offices of Sanford F. Young, P.C.

$500,000

VerdictSearch’s Top New York Verdicts of 2012

49

2013 TOP SETTLEMENTS NY

Motor Vehicle: Traffic Offenses CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Martinez v. Nestle Water of North America

12/10/13

Bronx Supreme

Oncoming Vehicle: Plaintiff struck by vehicle crossing double yellow lines.

Nick Gjelaj, Queens, NY, of Mullaney & Gjelaj, PLLC

950,000

Rankin v. Alamo Financing, L.P.

7/11/13

Niagara Supreme

Traffic Offenses: No chance to avoid wrong- John W. Looney, Buffalo, NY of Cellino & Barnes, P.C. way driver, plaintiff claimed

$25,000

Premises Liability CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Berisha v. 1957 Bronxdale Corp.

3/7/13

Bronx Supreme

Apartment: Toddlers burned by water falling off unsecured stove, plaintiff alleged

Ylber Albert Dauti, New York, NY of The Dauti Law Firm, P.C.

$3,000,000

Amparo v. Romo Associates

5/6/13

Bronx Supreme

Negligent Repair and/or Maintenance: Apartment's lead-based paint poisoned child, parent claimed

Philip Monier, III, New York, NY of Levy Phillips & Konigsberg, L.L.P.

$2,500,000

Vargas v. 2334 Washington D, LLC.

7/24/13

Bronx Supreme

Dangerous Condition: Landlord ignored persistent leak, injured tenant claimed

S. Joseph Donahue & Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP

$1,950,000

Shatarah v. Coverall North America Inc.

2/1/13

Nassau Supreme

Failure to Warn: Freshly mopped stairway a hazard, plaintiff claimed

Daniel P. O'Toole & Frederick C. Aranki, New York, NY of Block O'Toole & Murphy, LLP

$1,900,000

Mehr v. City of New York

4/5/13

Kings Supreme

Negligent Repair and/or Maintenance: School ignored leaky sump pump, injured worker claimed

Michael A. Rose & David R. Cheverie, New York, NY of Hach & Rose, LLP

$1,500,000

Stanciu v. Bilello

5/28/13

Queens Supreme

Sidewalk: Landlord and city neglected broken sidewalk, plaintiff claimed

David M. Godosky, New York, NY of Godosky & Gentile, P.C.

$1,500,000

Mellone v. N.R.S. Inc.

10/4/13

Richmond Supreme

Negligent Repair and/or Maintenance: Pub's owner, operator ignored damaged sidewalk, suit alleged

Jason L. Paris, New York, NY of Paris & Chaikin PLLC

$1,200,000

Reyes v. 421 Melrose, LLC.

3/4/13

Bronx Supreme

Stairs or Stairway: Neglected stairway a hazard, building's visitor claimed

Judd F. Kleeger, New York, NY of Hecht, Kleeger & Damashek, P.C.

$1,150,000

Leimane v. Jing Xian Inc.

4/11/13

Kings Supreme

Negligent Repair and/or Maintenance: Y. David Taller, Forest Hills, NY of Taller & Wizman P.C., Trial Counsel for Building's owner ignored broken sidewalk, Alan Levin, P.C., Brooklyn, NY plaintiff alleged

$900,000

Petion v. 510-482 Riverdale LLC

5/14/13

Kings Supreme

Negligent Repair and/or Maintenance: Building's manager ignored icy entryway, plaintiff claimed

$850,000

Garcia v. Genue Estate Inc.

1/15/13

Bronx Supreme

Inadequate or Negligent Security: Robbery Andrew M. Laskin, New York, NY of Robinson & Yablon, PC victim claimed landlord ignored broken locks

$650,000

Sainsbury v. 41-09 Star State, LLC

4/25/13

Queens Supreme

Dangerous Condition: Misuse of extension cord caused fire, plaintiff claimed

$500,000

Fulton v. Herring

3/19/13

Nassau Supreme

Residence: Man left grandson alone within Stuart M. Rissoff, Garden City, NY of Law Offices of Stuart M. Rissoff reach of shotgun, suit alleged

$500,000

Chernick v. Brigham Park Co-op Apartments Section 3 Inc.

6/7/13

Kings Supreme

Door Accidents: Landlord ignored faulty doorknob, injured tenant claimed

Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman, PLLC

$350,000

Holterback v. Price Chopper Operating Co. Inc.

5/7/13

Chenango Supreme

Dangerous Condition: Store's freezer door fell off while being opened by shopper

Theodoros Basdekis, Oneonta, NY of Scarzafava & Basdekis

$315,000

Holman v. Prisco

6/17/13

Westchester Supreme

Dangerous Condition: Home's tenants didn't shovel after snowstorms, plaintiff claimed

Richard S. Vecchio, White Plains, NY of Worby Groner Edelman LLP

$295,000

Flores v. 610 West 157 Street Owner LLC

1/9/13

New York Supreme

Apartment: Boy poisoned by apartment's lead-based paint, suit alleged

Robert Vilensky, New York, NY of Ronemus & Vilensky

$250,000

50

VerdictSearch’s Top New York Settlements of 2013

Marc E. Freund, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C.

Michael W. Lever, New York, NY of Sullivan Papain Block McGrath & Cannavo P.C.

2013 TOP SETTLEMENTS NY

Premises Liability CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Collazo v. RiverBay Co-op

10/1/13

Bronx Supreme

Tenant's Injury: Building's manager ignored broken tile, tenant claimed

Christopher F. Holbrook, Jericho, NY of Schwartzapfel Lawyers P.C.

$227,500

Soto v. Putnam Holding Co. LLC

12/17/12

New York Supreme

Inadequate or Negligent Security: Landlord ignored broken door lock, tenant claimed

Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg, P.C.

$225,000

Jeong v. Kramer

7/25/13

Queens Civil

Stairs or Stairway: Construction site's stairway a hazard, worker claimed

Robert Alan Saasto & Ryan Alan Saasto, Woodbury, NY, trial counsel to Sim & Park, LLP, New York, NY

$225,000

Spinelli v. Vornado Burnside Plaza LLC

11/4/12

Nassau Supreme

Dangerous Condition: Parking lot's uneven pavement a hazard, plaintiff claimed

Brad A. Kauffman of The Law Offices of Brad A. Kauffman, PLLC

$200,000

Vernescu v. City of New York

1/14/13

New York Supreme

Negligent Repair and/or Maintenance: Sidewalk's displaced flag a hazard, plaintiff claimed

Bernard J. Robins, New York, NY

$200,000

Biscardi v. Restaurant Depot, LLC.

1/30/13

Suffolk County

Store: Store's overloaded, unattended cart a hazard, shopper claimed

Denny Brown & Anthony Ciaccio, Ronkonkoma, NY of Gruenberg Kelly Della

$195,000

Barillaro v. Town of New Windsor

4/25/13

Orange Supreme

Athletic Field: Town, soccer league didn't fix broken fence, suit alleged

Michael H. Forrester, New Windsor, NY of Silver, Forrester & Lesser, P.C.

$187,500

Desarno v. Faulisi

2/26/13

Queens Supreme

Dangerous Condition: Stairway's protruding nail a hazard, plaintiff claimed

Michael DellaUniversita, Ronkonkoma, NY of Gruenberg Kelly Della

$150,000

Jones v. Bagshaw Realty

3/15/13

Suffolk Supreme

Dangerous Condition: Home's entrance had dangerous drop-off, tenant claimed

Michael DellaUniversita, Ronkonkoma, NY of Gruenberg Kelly Della

$115,000

Choi v. Chon Property Corp.

1/16/13

Queens Supreme

Dangerous Condition: Spa ignored slippery Ryan Alan Saasto & Robert Alan Saasto, Hicksville, NY, of trial counsel to conditions around pool, patron claimed Sim & Park, LLP, New York, NY

$100,000

DePrima v. Durazinski

8/22/13

Rensselaer Supreme

Negligent Repair and/or Maintenance: Cleaning crew created icy hazard in parking lot, plaintiff claimed

Michael C. Conway, Albany, NY of Harris, Conway & Donovan, PLLC

$100,000

Rettner v. Binstok

5/6/13

Westchester Supreme

Dangerous Condition: Homeowners' drainpipe caused ice in street, plaintiff claimed

Richard Weiss, New Rochelle, NY of Law Offices of Richard Weiss

$75,000

Porter v. FoxCroft Village, LLC.

8/27/13

Sullivan Supreme

Negligent Repair and/or Maintenance: Shoddy repair of pothole led to accident, plaintiff claimed

Peter R. Eriksen, Walden, NY of Jacobowitz & Gubits LLP

$60,000

Holloway v. Lockport City School District

7/23/13

Niagara Supreme

Dangerous Condition: Snow not cleared from school's parking lot, plaintiff claimed

Paul A. Bender, Buffalo, NY of Bender & Bender, LLP

$35,000

Cuddebach v. Darm LLC

5/2/13

Cayuga Supreme

Negligent Repair and/or Maintenance: Landlord ignored icy stairway, tenant claimed

David S. Stern, Rochester, NY of Elliott Stern & Calabrese LLP

$16,500

Baker v. One Stop Community Center Inc.

3/14/13

Kings Supreme

Negligent Repair and/or Maintenance: Joseph R. D'Addario, East Islip, NY of Law Office of John J. Guadagno Sloppy maintenance resulted in dangerous sidewalk, suit alleged

$12,500

Privacy CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Epstein v. Loeb

4/22/13

New York Civil

Misappropriation of Image: Doc misused patient's pics for Web advertising, suit alleged

Daniel B. Faizakoff, New York, NY of Daniel B. Faizakoff P.C.; Bryan J. Swerling, New York, NY, of counsel

$115,000

VerdictSearch’s Top New York Settlements of 2013

51

2013 TOP SETTLEMENTS NY

Products Liability CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Bartlett v. Franciscan Health Support Services, LLC

11/21/12

Onondaga Supreme

Design Defect: Boy's asphyxiation caused by bed's unsafe design, suit alleged

Patrick J. Higgins, Albany, NY of Powers & Santola LLP

$2,050,000

Stock v. Morizzo

3/18/13

Suffolk Supreme

Failure to Warn: Salon's patron struck when cabinet fell off of wall

Christopher A. Marothy, Bronx, NY of Dubow, Smith & Marothy

$1,200,000

Recreation CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Pappas v. City of New York

4/18/13

Queens Supreme

Horseback Riding: Parade's horses not properly trained or ridden, suit alleged

Mark E. Alter & Alexander J. Galvez, Mineola, NY of Law Offices of Mark E. Alter

$900,000

PLAINTIFF'S COUNSEL

AMOUNT

Road Defect CASE

DATE

VENUE

TYPE OF ACTION

Rutland v. State of New York

6/5/13

Court of Claims, Rochester

Road's defect led to paralyzing neck injury, Victor L. Mazzotti, Albany, NY of Martin, Harding & Mazzotti, LLP bicyclist claimed

$13,000,000

Wallner v. County of Ulster

7/31/13

Ulster Supreme

County, town ignored recurrent road hazard, plaintiff claimed

Terrence E. McCartney, New York, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP

$4,000,000

AMOUNT

Slips, Trips & Falls CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

Corchado v. 5030 Broadway Properties, LLC

5/7/13

Richmond Supreme

Fall from Height: Shaky ladder not safe for pipe installation, worker claimed

Joel Rubenstein, New York, NY of German Rubenstein LLP; Jordan D. Hecht, $1,850,000 New York, NY of Hecht Kleeger & Damashek, PC

Ongaro v. City of New York

12/27/12

New York Supreme

Trip and Fall: Park's bumpy walkway a hazard, visitor claimed

Thomas K. Miller, New York, NY of Thomas K. Miller, Esq.

$750,000

Esposito v. New York City Schools Construction Authority

11/1/13

Kings Supreme

Plaintiff was a 62 year old woman who tripped and fell at and around a construction site

John Zaremba, New York, NY of Zaremba Brownell & Brown PLLC

$550,000

Desmond v. 233 Bleecker Street LLC

1/16/13

New York Supreme

Trip and Fall: Building's tenant ignored uneven sidewalk, plaintiff claimed

Andrew J. Levine & Howard A. Raphaelson, New York, NY of Raphaelson & Levine Law Firm P.C.

$400,000

McIntosh v. 520 Apartment Corp.

12/9/13

Bronx Supreme

Trip and Fall: Plaintiff tripped and fell on defective walkaway shifted by adjacent plant/tree roots.

Alan S. Ripka, New York, NY of Napoli, Bern, Ripka, Shkolnik, LLP

$375,000

Wolf v. California Diner

11/15/12

Suffolk Supreme

Trip and Fall: Diner's wrinkled carpet a hazard, patron alleged

Michael DellaUniversita, Ronkonkoma, NY of Gruenberg Kelly Della

$200,000

Gall v. D.J. Saree & Religious House Inc.

1/7/13

Queens Supreme

Slip and Fall: Store's owners ignored snowy, icy conditions, patron claimed

Brad A. Kauffman of The Law Offices of Brad A. Kauffman, PLLC

$175,000

Stehl v. Party City

3/29/13

Nassau Supreme

Slip and Fall: Store's staff ignored fallen merchandise, shopper claimed

Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg Kelly Della

$110,000

Bentivegna v. City of New York

6/5/13

Queens Supreme

Slip and Fall: School's landing slippery when wet, plaintiff claimed

Thomas S. Russo, Carle Place, NY of Edelman Krasin & Jaye PLLC

$85,000

Aviles v. Rt. 209 Almond Apartments Inc.

8/13/13

Sullivan Supreme

Trip and Fall: Landlord ignored closet's damaged floor, tenant alleged

Michael D. Wolff, Middletown, NY of Law Offices of Sobo & Sobo L.L.P.

$77,500

O'Shea v. Modern Landfill

11/1/13

Niagara Supreme

Slip and Fall: Slip and fall at landfill due to lack of handrail on step, plaintiff alleged

Michael J. Skoney, Niagara Falls, NY of Viola, Cummings & Lindsay, LLP

$75,000

Mazurek v. Mill Development Corp.

6/21/13

Ulster Supreme

Trip and Fall: Senior home too slow to fix broken floor, resident alleged

Daniel G. Heppner, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello, L.L.P.

$25,000

Transportation CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Mejias v. Ceva Logistics U.S. Inc.

10/5/13

Queens Supreme

Trucking: Makeshift fix of truck's lift gate led to accident, suit alleged

Jonathan S. Damashek, New York, NY of Hecht Kleeger & Damashek, PC

$3,050,000

52

VerdictSearch’s Top New York Settlements of 2013

RHEINGOLD, VALET, RHEINGOLD, McCARTNEY & GIUFFRA LLP PROUD TO BE TRIAL LAWYERS Rheingold, Valet, Rheingold, McCartney & Giuffra is a trial law firm that is recognized nationally as a leader in plaintiffs’ medical malpractice, products liability, mass tort and motor vehicle accident litigation. Since its founding more than 35 years ago, RVRMG has developed a wealth of experience and a long history of outstanding results on behalf of our clients. This proud tradition continues, as evidenced by a string of recent successful verdicts and settlements in the past year, including a $20 million verdict in a premises liability case in which no offer was made prior to trial, a significant mass tort settlement on behalf of our clients injured by birth control pills, a $4.25 million settlement during trial of a very difficult road defect case against Ulster County in upstate New York, and a $3.3 million medical malpractice birth injury settlement in Staten Island. Our success in difficult cases and poor venues is due to our trial team’s innovative trial tactics and techniques.

Our goal is to achieve the best possible result for our clients who have been injured and to help them rebuild their lives. We are honored to be included in this publication for several of our cases this year. RVRMG accepts referrals from the legal community and also welcomes the opportunity to act as trial counsel to the bar.

RHEINGOLD, VALET, RHEINGOLD, McCARTNEY & GIUFFRA LLP 113 E. 37th St. New York, NY 10016 PH: (212) 684-1880 FX: (212) 689-8156

rheingoldlaw.com

2013 TOP SETTLEMENTS NY

Worker/Workplace Negligence CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Gallagher v. Resnick

8/14/13

Kings Supreme

Masonry supplier fell off roof. Summary judgment on Labor Law 240(1) granted on appeal.

David H. Mayer, New York, NY of Sacks & Sacks LLP

$6,200,000

Chan v. Railex LLC

1/17/13

Kings Supreme

Improper loading of truck led to paralyzing injury, worker alleged

William J. Ryan, New York, NY of Lurie, Ilchert, MacDonnell & Ryan LLP

$6,000,000

Cruz-Acosta v. 15 Fort Washington Avenue Housing Development Fund Corp.

1/16/13

Bronx Supreme

Proper equipment would have prevented fall, worker claimed

Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC

$4,500,000

Geiger v. Consolidated Edison Co. of New York Corp.

3/1/13

New York Supreme

Worker fell out of truck, injured brain, spine, shoulder

David H. Mayer & Kenneth Sacks, New York, NY of Sacks & Sacks

$4,300,000

Hadden v. Boxberger

1/7/13

Ulster Supreme

Roofer claimed icy conditions necessitated scaffold or harness

Joseph E. O'Connor, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.

$3,350,000

Cruickshank v. 536 W 54th LLC A

11/12/12

Kings Supreme

Ladder accident caused disabling injuries, caulker claimed

Marc E. Freund & Thomas J. Moverman, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C.

$3,000,000

Gjonaj v. 30W26 Land LP

4/18/13

Kings Supreme

Window washer's fall blamed on failure of supporting bolt

David L. Scher & Stephen J. Murphy, New York, NY of Block O'Toole & Murphy, LLP

$2,250,000

Chevola v. Broadway Park REIT

5/8/13

New York Supreme

Hole in work site's floor a hazard, electrician claimed

Steven M. Pivovar, Stony Point, NY of Steven M. Pivovar, PC

$2,100,000

Esteves-Rivas v. W2001Z/15CPW Realty LLC.

8/9/13

Queens Supreme

Ladder accident ended career, laborer claimed

Lawrence B. Saftler, New York, NY of The Saftler Law Firm

$2,100,000

D'Allaird v. Markline Sales Inc.

5/15/13

Albany Supreme

Sales rep's advice led to machine operator's injury, suit alleged

Michael C. Conway, Albany, NY of Harris, Conway & Donovan, PLLC

$1,000,000

Persaud v. Costco Wholesale Corp.

8/1/13

Queens Supreme

Negligent Maintenance: Shopper: Ice in store's parking lot caused slip-and-fall

Kostantinos Mallas, Brooklyn, NY of Georgaklis & Mallas PLLC, trial counsel $762,500 to Crasto & Associates, P.C., Howard Beach, NY

Lua v. WB/Stellar IP Owner, L.L.C.

10/21/13

Westchester Supreme

Labor Law: Laborer claimed hand and wrist were crushed by falling brace

Ernest S. Buonocore, Bronx, NY of Shapiro Law Offices, PLLC

$350,000

Flores v. Bam Produce Inc.

12/3/13

Bronx Supreme

Worker at Hunts Point Market struck by pallet jack operated by employee of neighboring business.

Christopher Holbrook, New York, NY of Schwartzapfel Lawyers P.C.

$300,000

Iglesias v. Roadblock Bar Inc.

11/28/12

Queens Supreme

Negligent Training: Bar's patron claimed rough bouncers broke his arm

Frank C. Panetta, Garden City, NY of Massimo & Panetta, P.C.

$260,000

Near v. Wikel Bulk Express Inc.

5/6/13

Chautauqua Supreme

Trucker's hasty exit caused shoulder injuries, plaintiff claimed

John A. Sheehan, Buffalo, NY of Cellino & Barnes, P.C.

$70,000

Workplace CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Muriqi v. Charmer Industries Inc.

4/16/13

Bronx Supreme

Workplace Safety: Fall through shelf caused disabling injuries, worker claimed

Scott Occhiogrosso & Daniel P. O'Toole, New York, NY of Block, O'Toole & Murphy, LLP

$4,650,000

Barbecho v. Mallouras

12/18/12

Queens Supreme

Workplace Safety: Employers removed saw's shield, injured worker claimed

Ted E. Trief & Jordan K. Rutsky, New York, NY of Trief & Olk

$400,000

Wrongful Death CASE

DATE

VENUE

TYPE OF ACTION

PLAINTIFF'S COUNSEL

AMOUNT

Estate of Mata v. Woodbourne Arboretum Inc.

3/5/13

Suffolk Supreme

Labor Law: Bystander killed during workers' repair of irrigation device

Robert S. Kelner, Gerard K. Ryan, Jr. & Gail S. Kelner, New York, NY of Kelner & Kelner

$7,000,000

Estate of Burgio v. Leroy Holding Co. Inc.

5/7/13

Niagara Supreme

Tired trucker crossed line, caused fatal crash, suit alleged

John J. Fromen, Jr., Buffalo, NY of John J. Fromen Attorneys At Law, P.C.

$5,000,000

Estate of Baker v. Bronx Lebanon Hospital Center

3/6/13

Bronx Supreme

Unmonitored patient suffered fatal hypoxia, suit alleged

Larry Wallace, New York, NY of Wallace & Associates PC

$2,355,000

Estate of Rosado v. Kahn

6/5/13

Orange Supreme

Survival Damages: Motorist's hasty turn caused fatal crash, estate alleged

Brian A. Sichol, Suffern, NY of Sichol & Hicks P.C.

$2,250,000

Estate of Castro v. Wyckoff Heights Medical Ctr

1/23/13

Kings Supreme

Survival Damages: Hospital's inaction led to death of bleeding patient, suit alleged

Larry Wallace, New York, NY of Wallace & Associates PC

$2,000,000

Estate of Turpyn v. Zaleski

5/10/13

Monroe Supreme Residence wasn't safe during renovation, estate alleged

Gary J. Gianforti, Rochester, NY of Culley, Marks, Tanenbaum & Pezzulo, LLP; Alan S. Ripka, New York, NY of Napoli Bern Ripka Shkolnik, LLP

$100,000

54

VerdictSearch’s Top New York Settlements of 2013

149 East 149th Street, Bronx, NY 10451 | Phone: 718-993-9999

www.oreskylaw.com

# 15 of the TOP 25 NY Settlements of 2013!

# 21 of the TOP Construction Accident NY Settlements of 2012

Cruz-Acosta v. 15 Fort Washington Avenue Housing Development Fund Corp. $4,500,000.00

Sari v. Bansuk Construction, Inc. $1,425,000.00

1/16/2013 Bronx Supreme Proper equipment would have prevented fall, worker claimed

9/1/12 Queens Supreme Plaintiff’s fall from inadequate A-frame ladder caused multiple fractures

# 10 of the TOP 30 NY Verdicts of 2010!

# 20 of the Construction Accident NY Verdicts of 2011!

Barros v. New Roc Parcel $18,334,226.00

Minchala v. Port Authority of New York and New Jersey $4,000,000.00

1/26/2010 Bronx Supreme Construction – Carpenter alleged spine, ankle injuries from 15-foot fall

3/8/2011 Queens Supreme Construction - Construction worker struck by improperly secured concrete barrier

Jacob Oresky & Associates, PLLC., extends its appreciation and gratitude to the hard working members of the judiciary for their provision of justice to all throughout our legal system. With the zealous advocacy of the plaintiffs’ and defendants’ bar, our judicial system allows all men and women that have been wronged, the ability to seek redress through the courts and receive justice. Jacob Oresky, Esq., has for over 25 years, built a reputation for providing his clients with hard work and dedicated service. For his clients, he has never left a stone unturned.

Other NOtable results ObtaiNed by JacOb Oresky & assOciates, Pllc* CONSTRUCTION ACCIDENT: NEGLIGENT SUPERVISION: $6.6 Million Won by construction worker that fell from scaffold $6 Million Awarded to 19 year old mentally retarded man that sustaining serious injuries. suffered severe burns as a result of institution’s failure to supervise. CONSTRUCTION ACCIDENT: CONSTRUCTION ACCIDENT: $6 Million Awarded to construction worker that fell from ladder $5.6 Million Awarded to construction worker struck by falling while installing window frame. object at construction site. CONSTRUCTION ACCIDENT: $6 Million Won by construction worker that fell from ladder sustaining serious injuries

*Prior results do not guarantee a future similar outcome. Attorney Advertising.

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