Verdicts And Settlements
$11 million awarded to two college students run over by a vehicle that suddenly accelerated, despite the driver’s foot being on the brake, due to a product defect with the automobile. One woman sustained multiple fractures and required a below-the-knee amputation. The other victim sustained brain damage and required long-term care.
$9 million verdict awarded to a 21-year-old Pace University student who suffered a traumatic brain injury in a head-on automobile collision in Westchester County. The impact resulted in the air bags deploying and slamming the victim’s right wrist into her forehead, fracturing the right scaphoid bone and bruising the forehead. Her doctors testified that the impact led to an injury to the right front temporal lobe of the brain, a portion of the brain that when injured can create seizures and obsessive compulsive disorder (OCD). At trial, it was established that the OCD was affecting so much of the victim’s day-to-day existence that she was unable to work or fully function in the real world.
$5.45 million paid during trial by the New York City Health and Hospital Corporation, on behalf of Metropolitan Hospital, to a 17 year old mother’s Estate. The mother, who was 37 weeks pregnant, went into fetal distress. She died during an emergency C-section. We argued the defendants failed to observe signs of ovarian vein thrombosis, which deprived the patient of blood supply and created ovarian necrosis. By not removing the ovaries, a blood clot grew and traveled to the patient’s lungs, leading to an embolism and death. The baby, while premature, was born healthy.
$5.35 million verdict awarded to a 44-year-old Staten Island mechanic who, following a rear-end collision, initially sustained torn ligaments in his left wrist, but following complaints of severe wrist pain more than a month later was diagnosed as suffering “reflex sympathetic dystrophy”, also known as “complex regional pain syndrome”, a neurological condition that involves severe, chronological pain. This can result in a “burning” pain, as well as excessive sweating, the swelling of tissue, as well as sensitivity issues and more. The disorder rapidly progressed to an advanced stage, leaving the plaintiff’s left arm swollen and disfigured and his left shoulder frozen. The RSD then jumped/spread to his lower left leg. Medical treatment, including injections, nerve blocks and a cervical spinal cord stimulator failed to reduce the pain and left the plaintiff wheelchair bound.
$5 million verdict awarded to a 57-year-old woman that suffered extensive fractures throughout her body, requiring nine surgeries, and the need for assisted living, after her vehicle was struck head-on by a drunk driver. Our firm acted as local counsel. The other driver had been served multiple drinks throughout the afternoon while a patron at a popular New Jersey bar. Eventually, she became so incoherent that she stole a valet parked car, and sped down a one-way street in the opposite direction, striking the plaintiff’s car as she returned from work. We argued that the bar violated provisions of the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, more commonly known as the Dram Shop Act and which allows an injured party to sue a bar that served either a visibly intoxicated person or a minor and where the service proximately caused foreseeable injuries.
$4.8 million obtained by a Manhattan resident dragged by an elderly driver who lost control of his car while exiting a garage. The victim sustained multiple leg and pelvic fractures, as well as abdominal injuries. Summary judgment was granted in plaintiff’s favor on the issue of liability. Using multiple experts, which included a neurologist, orthopedist, physiatrist, gastroenterologist, a vocational rehabilitation specialist, a life care planner and an economist, we established that our client’s injuries would require a lifetime of care.
$4.3 million inquest for this 51-year-old New Jersey resident, who was struck on the shoulder of a Pennsylvania highway, while she was walking to the rear of her car to get a sweatshirt out of her bag an elderly woman didn’t see her and struck her with the vehicle. The plaintiff suffered a severely fractured leg, a hip fracture and spinal injuries. She required a lumbar fusion, a hip replacement and a year of physical therapy. The defendant died of unrelated causes shortly after the accident, and initially failed to respond to the lawsuit, leading to an inquest and judgment. Following the decision, an insurance company was found, and tendered their $500,000 in insurance. A collection lawyer was thereafter retained to go after the deceased’s estate for additional funds, and was able to procure another $72,000.
$4.1 million verdict for a woman who slipped and fell on wet stairs in her apartment building caused by flooding from the roof due to a clogged drain. Client sustained a traumatic brain injury, creating cognitive issues and personality disorders, and was prevented from fulfilling her career goals.
$3.6 million to a husband and father to an 11-year-old boy whose leg was amputated below the knee when a car veered off the road and crashed into him as he stood near the rear of his car attempting to fix a tire. The victim required one surgery for the amputation and another to cleanse an infection that developed.
$3.2 million for legal malpractice committed by an upstate law firm against a Canadian citizen who had retained them to represent him for injuries sustained on a New York State Thruway.
$2.95 million verdict awarded to the family of a Brooklyn woman who was killed after being struck in the head by a falling tree limb. The plaintiff’s proved that the city of New York had actual and constructive notice that the tree in question had a propensity to fall by demonstrating city employees were aware the tree had diseased and decaying branches which should have been removed in a timely fashion. We represented the client as trial counsel in this matter.
$2.4 million verdict to a 50-year-old woman suffering colon cancer, whose ureter was severed during a colon resection. We argued the surgeon had every opportunity to avoid getting near the ureter and then failed to notice that he severed it before closing the patient. As a result of the malpractice, the plaintiff suffered fecal contamination that led to numerous complications, including a delay in chemotherapy and testimony from an expert that her life expectancy may have been reduced by said delay.
$2.35 million awarded at mediation to a 37-year-old mother who, following a rear-end collision, required cervical fusion and developed reflex sympathetic dystrophy (RSD). Plaintiff argued that the pain precluded her from returning to work in her capacity as an accountant due to the disabling pain.
$1.89 million awarded by the Special Master of the Victim Compensation Fund to the estate of a woman killed in the Sept. 11, 2001, attack on the World Trade Center. We obtained sworn statements of the decedent’s co-workers and superiors that she was anticipated to have a bright future at the company, and thus her earning capacity was greater than what might have been anticipated by simply reviewing her income prior to her untimely death. This case was handled without fee or expense to the client, as part of the Trial Lawyers Care program.
$1.75 million and a full waiver of the Medicaid lien to a young woman who suffered “dropped foot syndrome” due to an injury to her peroneal and sciatic nerves, when the car in which she was a passenger had a head-on collision with a leased vehicle, which was being operated by a drunk driver.
$1.7 million settlement for client who suffered a crush injury and degloving to his left foot when he was run over by a forklift while on the floor of a lumber warehouse in the Bronx. We argued that the driver was driving too fast and failed to notice the customer.
$1.65 million award for two young siblings, both of whom experienced exposure to lead, causing residual permanent brain damage.
$1.6 million to a woman who lost her leg when she was struck by a subway car that failed to properly brake after she fell onto the tracks. Plaintiff provided evidence that demonstrated that the train was traveling too quickly upon entering the station and moving at a slower speed would have had time to avoid the collision.
$1.5 million medical malpractice settlement for a 48-year-old woman who went to the hospital due an anaphylactic reaction from accidently eating seafood. The hospital administered epinephrine shots into both of the clients legs to stop the allergic reaction, but ended up causing the client nerve damage. The plaintiff was eventually diagnosed with reflex sympathetic dystrophy (RSD), also known as complex regional pain syndrome (CRPS) in all extremities, and required the implantation of permanent spinal cord stimulator, a device used to exert pulsed electrical signals to the spinal cord to control chronic pain.
$1.5 million for a construction worker who herniated cervical discs and required surgery after the oversized jackhammer he was using to perform deck repair work on a major New York City bridge punched completely through the bridge deck, causing him to nearly fall to his death and dangle by the machine’s pneumatic hose. We sued the owner and general contractor and the court held the parties that put the plaintiff in an unreasonable risk of serious injury.
$1.5 million medical malpractice settlement to victim’s estate for a hospital’s failure to diagnose and treat a condition known as spinal epidural abscess. The hospital argued that the condition was extremely difficult to diagnose because it was consistent with multiple pathologies. However, our experts opined that routine follow-up on any of the differential diagnoses, as well as film studies, would have revealed the existence of the abscess such that it could have been treated before resulting in permanent injury.
$1.5 million for the family of a Long Island mother, whose ovarian cancer progressed to a terminal stage due to a Manhattan hospital’s failure to properly treat the disease after Stage 1 ovarian cancer was found following a hysterectomy. Two years later, when the cancer was found, it had developed to Stage 4 and led to the plaintiff’s untimely death at 60 years of age.
$1.5 million medical malpractice settlement for a woman who lost her eyesight following complications from surgery. The defendant doctor failed to promptly see his patient, despite complaints of severe burning and redness. By the time he examined her, the damage was done and her eyesight was permanently lost.
$1.425 million in a products liability case, whereby a high school teacher was seriously injured while using a home exercise device that hooks into any door frame and allows a person to perform pull-ups and sit-ups using their own body weight. The accident happened when the device unhooked from the frame, as the plaintiff was doing reverse crunches, causing the plaintiff to land on his head and fracture a vertebrae in his neck, requiring spinal fusion to insert a cage and left the plaintiff with mild numbness in his hands.
$1.375 million awarded to an elderly Rhode Island couple who sued their condominium association when the rear deck of their newly constructed home collapsed due to faulty construction and contractor shortcuts. The plaintiff husband sustained serious leg injuries, while the wife sustained internal injuries.
$1.35 million paid to a 35-year-old Queens mother of three, who sustained multiple cervical herniations requiring decompressive laminotomy/facetectomy after her car was struck by a driver who ran a red light. The patient was left with a permanent range of motion problems in her neck. All bills were paid by no-fault insurance.
$1.3 million settlement during a medical malpractice trial for an infant that suffered a brachial plexus injury during delivery because the doctors failed to properly estimate the fetal weight and consider a caesarian section. The baby then got stuck in the birth canal during birth, which necessitated excessive pulling on the infant’s head and right arm with forceps. As a result, the baby suffered minor paralysis in certain arm muscles and required several years of physical therapy.
$1,250,000 settlement on the eve of Arbitration for this 31-year-old man Westchester, who was a passenger in a Ride-Share vehicle that was violently struck by another vehicle in Yonkers. The plaintiff suffered serious neck and back injuries that led to an anterior cervical disc excision and fusion at C3-4, C4-5 and C-6 with interbody fusion using. allograft bone at C3-4, C4-5 and C5-6 and a decompressive laminectomy of the thoracic spine at T5, T6, T7, T8 and T9 with decompression of the spinal cord as well as posterior instrumentation of the thoracic spine from T5 through T9 with bone grafting for fusion. After collecting the entire $100,000 policy from the offending vehicle, we went after the host vehicle’s underinsurance (SUM) policy, collecting the remaining available value of $1,150,000.
$1.24 million awarded to a 5-year-old girl residing in Section 8 Housing who suffered cognitive deficits from lead paint poisoning that occurred after several years of ingesting paint chips that flaked off the radiator, window sills and walls. Following an infant compromise hearing, the money was placed in a structured settlement, to protect the money and to provide monthly payments over the course of her adult life.
$1.05 million verdict for a Queens packaging manager who fell off a commercial roof while shoveling, due to icy conditions and a missing parapet wall. The plaintiff suffered a fractured coccyx, a fractured sacrum and a comminuted right calcaneal fracture which required open reduction and internal fixation, as well as a second surgery to remove the hardware.
$1 million tendering of the defendant’s insurance policy for a woman struck and run over by a tractor-trailer. The plaintiff sustained multiple fractures to her sacrum, pubic rami, tibia and fibula and a degloving of a portion of her leg. She required multiple surgeries, including bone graft surgery, open reduction internal fixation and debridement.
$980,000 to the estate of a woman stabbed to death by an ex-boyfriend at the hospital where she worked. We sued the security company and hospital arguing that the defendants failed to undertake reasonable security measures, as the assailant had been involved in other incidents at the hospital and had been loitering on the premises just before the event. Washington v. Montefiore, 9 AD3d 271; 780 NYS2d 322 (First Dept. 2004).
$966,000 verdict on behalf of a New York taxi driver who, during abdominal surgery, suffered a brachial plexus injury in his dominant arm due to a malpositioning of his arm during surgery. The plaintiff already had a substantial disability in his right arm due to childhood polio.
$927,500 to a Broadway actor who was struck by an Access-A-Ride bus. The plaintiff, who had a complicated medical history, reinjured a surgically repaired cervical fusion and also reinjured an already damaged hip, requiring hip replacement surgery. Our team argued that, based on a jury instruction called “special talent”, the plaintiff’s career would have skyrocketed had the accident not occurred.
$905,000 verdict awarded to the estate of an elderly woman who died in an assisted living facility. The victim died after suffering severe heat prostration when the facility did improper mechanical work on her room’s heating system. Their negligence caused the thermostat in her room to raise to a temperature of 130 degrees, leading to the victim’s distress and ultimate death.
$900,000 for an 81-year-old man who fell from a raised and unmarked platform floor and fractured his hip while attending a wedding in a commercial Manhattan loft space. In contradicting the defendant’s argument that the raised platform was safe for the patrons, plaintiff retained an expert engineer who opined that the raised floor was built without proper permits from the New York City Department of Buildings and did not comply with New York City Building Codes which required handrails that could have prevented the accident.
$900,000 for a hotel executive struck in a crosswalk by a New York City police van that was not responding to an emergency. The victim sustained a small skull fracture and a cochlear fracture, resulting in a permanent loss of hearing in one ear. The police argued that the man ran in front of their vehicle.
$875,000 pre-arbitration award in New Jersey for a man injured when his car was rear-ended by another vehicle. The plaintiff required ulnar entrapment surgery and a cervical fusion. The at-fault vehicle tendered its $25,000 policy and the victim arbitrated against his company’s uninsured motorist policy to collect the additional money.
$866,000 verdict for a man whose jaw was broken and wired shut after he was assaulted by a drunk customer at a Brooklyn bar. The bar was sued under the Dram Shop Act, a state law which holds that any tavern owner serving alcohol to intoxicated patrons, and which results in a charge of negligent conduct against the party served, can be held liable. Part of the verdict against the individual assailant, an advertising executive, was for $500,000 in punitive damages.
$850,000 for four New York City firefighters who suffered first- and second-degree burns to their ears, necks, wrists and ankles when they were not provided by the city with updated bunker gear to protect them against intense heat. The city had issued directives several years earlier of the dangers of not providing upgraded equipment.
$800,000 awarded to a concrete worker struck by an oxygen tank that fell down a set of stairs when it was dropped by an ironworker. The plaintiff suffered lower back herniations that required surgery and was unable to return to work.
$800,000 verdict for a 73-year-old prisoner held at a New York state correctional facility. The facility, despite the victim’s numerous complaints, failed to provide proper medical examinations, resulting in the victim’s throat cancer remaining undiagnosed for a significant period of time. As a result of the facility’s negligence, the victim’s cancer progressed, necessitating a procedure to remove his voice box.
$750,000 settlement at trial for a 45 year old contractor, carrying 100 lb. window in Queens County when he slipped on debris at a residential building. As he attempted to hold onto the window, he tore his rotator cuff and ruptured his biceps tendon. He underwent rotator cuff repair and a right elbow reconstruction.
$730,000 paid to a 65-year-old retired woman who, while on a bus returning from Foxwoods Casino in Connecticut was violently thrown to the floor and propelled up the aisle and into the dashboard head first, when the bus driver slammed on his brakes for no reason. As a result, the plaintiff suffered multiple injuries, the most serious of which was cervical injuries, including a cervical fracture, two herniated discs, and severe cord compression, resulting in anterior cervical discectomy and fusion surgery. She also sustained tears of her left shoulder and left knee, resulting in steroid injections, and post-concussion syndrome with PTSD.
$725,000 received by two Manhattan siblings who suffered lead paint poisoning in their apartment of six years. The landlord argued he was unaware that children lived in the apartment. We demonstrated that the lease requested window guards, which are necessary in Manhattan apartments for people with young children and that the superintendent, an agent for the landlord, lived in the building and constantly saw the children.
$650,000 settlement at mediation awarded to a 66-year-old patient who contracted hepatitis during surgery at a Long Island hospital. During the patient’s open-heart surgery, his surgeon cut his finger, resulting in the surgeon’s blood mixing with the plaintiffs. We proffered evidence that the hospital was aware of the surgeon’s history of passing hepatitis on to his patients and failed to inform the plaintiff.
$650,000 collected from the Archdiocese by a 22-year-old man who was sexually assaulted by a priest after questioning his own sexuality during counseling. The plaintiff thereafter became depressed and attempted suicide. The priest, who had a dubious history, including allegations he had solicited sex from an undercover police officer, was not authorized to conduct one-on-one counseling.
$650,000 settlement during jury selection for a 54-year-old woman injured in 2007 in a Suffolk County residential neighborhood, when a drunk 20-year-old woman ran a stop sign and crashed into the victim’s driver’s side door at 25 mph, sending the plaintiff’s car onto a private home’s lawn. The young defendant was charged with operating a vehicle under the influence of alcohol, to which she pled guilty. The impact resulted in the plaintiff aggravating an 8-year-old cervical injury from another accident, to wit: C2-3 disc protrusion, cervical stenosis at C5-6-7 with cord compression; cervical stenosis with myelopathy; and C5-6 radiculopathy. Following physical therapy and injections, on Feb. 9, 2009, the plaintiff underwent a posterior cervical fusion at C-4 to C-7 with local bone graft, and a posterior laminectomy at C-5, C-6 and C-7.
$650,000 on the eve of trial, awarded to a Nassau County mother and her two sons, who were T-boned on Sunrise Highway by a tow truck that ran a red light. The mother suffered an eye injury in the form of a blow-out with an associated prolapse of the medial rectus muscle, and facial scarring. One of the sons suffered a scalp laceration requiring sutures and the other suffered a concussion. Although the defendant claimed he had the right of way, we used witness testimony, video feed from a local gas station and a bio-mechanical engineer to prove otherwise. and measurements to show that the defendant.
$642,500 settlement in Westchester County for a 44-year-old divorced mother whose car was rear-ended by a commercial van. The plaintiff, who suffered pre-existing cervical and lumbar injuries from an earlier accident, required a surgical fusion of her L4 and L5 levels and two years later underwent a discectomy at C4-5 and C5-6. Her back healed well, but she suffered mild restriction of motion in her neck.
$620,000 verdict for a Pakistani immigrant whose arm was trapped in a milling machine, causing a degloving of his forearm and several fractures. Our engineer helped us prove that the machine’s design too easily allowed machine owners to remove the safety devices so it could be run by one operator instead of two and could increase productivity.
$615,000 settlement following a 2-truck highway collision in upstate, New York, that left the offending driver dead when his vehicle caught fire following the collision. Our client, 31 years of age, suffered lumbar herniations and required a hemi-laminectomy surgery, thereafter returning to work. Our office moved for summary judgment on the issue of liability, which was decided in our favor and started interest running at 9% per year. Defendants had offered $450,000 prior the decision, but thereafter added another $165,000 to account for future interest.
$615,000 settlement at mediation to a limousine driver injured in Rockland County, NY when a drunk driver, using his employer’s vehicle, crossed over into the oncoming lane and struck plaintiff’s vehicle head-on. Plaintiff suffered a concussion, traumatic brain injury symptomology and a posterior tibial tendon rupture of the right foot which was repaired by an arthroscopy/arthrotomy of the right ankle. We argued that punitive damages would apply at trial due to the egregious behavior of the driver.
$600,000 collected after a young woman, attending a concert at an overcrowded music hall, sustained a wrist fracture and reflex sympathetic dystrophy when security personnel tried to lift her over a metal barricade to prevent her from being crushed and then dropped her.
$600,000 settlement for a 45-year-old Bronx employee of a building supply company who was injured while moving a pallet of Formica countertops which collapsed on him, shattering his ankle and requiring the installation of a plate in his leg. We sued the manufacturer of the countertops as well as the trucking company that transported the countertops. Our expert in industrial packaging and design opined that the countertops were not properly secured with pallet wrap and banding. We also argued that the trucking company was ultimately responsible under the Federal Motor Carrier Safety Act for ensuring the safety and security of the load.
$585,000 at mediation for a 25-year-old garage attendant who sustained a crush injury to his right calf when a computer technician at the corporate office initiated the automated parking system by remote control without first checking on the video camera to make sure the area was clear. The wound became necrotic and required debridement surgery which left tissue and muscle damage.
$565,000 settlement for a 27-year-old New Jersey woman injured when a truck ran a stop sign, striking plaintiff’s vehicle and causing her car to veer into a tree. Plaintiff underwent neck and knee surgery and suffered depression as a result.
$500,000 paid to a 90-year-old Westchester woman who, during a hospitalization for an automobile accident, fell from her bed. The victim sustaining a fractured skull, requiring additional surgery.
$500,000 verdict against a fast food restaurant in the Bronx. The plaintiff was a customer eating inside the premises when a robbery ensued. During the course of the robbery, the manager decided to turn the lights off in an attempt to blind the robbers. This ultimately sent the crowd into a panic, and resulted in the plaintiff being stabbed and requiring surgery.
$500,000 awarded to an infant who suffered a brachial plexus injury during birth due to shoulder dystocia, a complication that occurs during the birthing process when an infant’s shoulder becomes lodged behind the mother’s pubic bone. Plaintiff argued the doctor committed medical malpractice by not acknowledging risk factors which included a large baby (9 lb., 2 oz.), a prolonged labor and a pregnancy of 41 weeks. Opting not to perform a cesarean section could have avoided the unnecessary injury. The child suffered a mild Erb’s palsy injury, which led to a slightly dropped shoulder and mild arm weakness.
$500,000 settlement (policy limits exhausted) awarded to a 38-year-old father of two, who in 2011 was rollerblading east bound on the Long Island Expressway Service Road in Nassau County and collided with a vehicle traveling southbound at the intersection with Round Swamp Road. The parties each claimed to have had the green light in their favor and each had witnesses to support their positions. The victim was rendered unconscious and airlifted to Nassau County Medical Center with multiple injuries, including a left grade III open humerus fracture with open reduction internal fixation; a comminuted fracture of the right femoral shaft with open reduction internal fixation; a fracture of the superior and anterior aspects of the right acetabulum; severe and permanent hearing loss in the right ear caused by nerve damage due to labyrinth bleeding in the inner ear; an extensor tendon tear in the left little finger requiring debridement and repair. The victim also suffered severe bruising to his lungs, reducing oxygen capacity by 50 percent, requiring transient mechanical ventilation and underwent a thoracostomy on the left side for pneumothorax, which was later closed as the lungs healed.
$500,000 settlement for a mentally disabled woman who was gang raped on the rooftop of a large residential housing complex. The woman’s assailants, who had disabled the roof alarm, were never arrested or prosecuted. However, we were able to demonstrate through security experts that the building owners had failed to take appropriate precautions to secure the rooftop such as installing an alarm system that could notify security personnel that the alarm had been disconnected and that people were on the roof.
$500,000 received by client who was shot in the chest at a concert hall when security personnel negligently allowed the perpetrator to bring a gun into the facility. Our expert argued that it should have been anticipated that violence might occur at this concert and should have screened for weapons. The plaintiff sustained a pneumothorax and underwent surgery to have the bullet removed and the lung reinflated.
$500,000 judgment at inquest for a 50-year-old woman who suffered a nasal fracture when she was struck in the face by a bucket of debris that had been left on a scaffold as she entered the lobby of a friend’s building.
$500,000 policy limits paid to a young man rollerblading on a highway service road who was cut off by a car that jumped a light. The victim collided with the side of the car, sustaining a tibial fracture, fractured ribs and a fractured skull.
$465,000 award for a 34-year-old man who sustained second- and third-degree burns as a result of a faulty boiler. The victim was burned by scalding water while in the shower when the faulty boiler system allowed the water temperature to increase beyond 135 degrees. The plaintiff demonstrated the mixing valves didn’t work properly allowing the water temperature to rise above the standard safe temperature of 115 degrees Fahrenheit.
$450,000 for a 56-year-old Connecticut woman struck in the rear of her vehicle by a doctor, who was test driving his friends sports car to decide if he should buy it and whose dog was lose in the car and distracted the driver. Our client had soft tissue injuries that kept her from engaging in her athletic regimen and left her with post-traumatic stress disorder (PTSD).
$450,000 settlement at mediation for a Labor Law 240(1) case, wherein our 68-year-old client, an electrical contractor in Queens, fell over scattered debris and construction materials that he couldn’t see due to poor lighting. The plaintiff sustained a lateral meniscal tear at his right knee and underwent a right knee arthroscopy to repair a torn medial meniscus and was unable to return to work.
$450,000 recovered for a 45-year-old man struck by the side-view mirror of a bus that got too close to the sidewalk in midtown Manhattan. Our client suffered a fractured humerus and tendon damage in the elbow that had to be surgically repaired.
$450,000 for a 30-year-old unemployed Queens man, who was in an intersection accident, and suffered a collapsed right eardrum and a tympanic rupture resulting in complete hearing loss in this right ear.
$430,000 negotiated at private mediation to a 45-year-old Trinidadian woman who slipped coming down the stairs to her apartment building’s front vestibule. Our engineer opined that the floor tiles were damp and failed to have an adequate co-efficient of friction. He also found that the building had no bannister to hold onto. The plaintiff suffered a trimalleolar fracture and underwent an open reduction with internal fixation to repair the fracture, then another operation to remove hardware from the first surgery and finally a third surgery to correct an equinus deformity that developed in the ankle.
$430,000 for a Queens motorcyclist struck by a private bus who cut off his path, causing the biker to slide more than 60 feet until he struck a curb. He broke his left hip and left hand and was in a rehabilitation facility for two months.
$425,000 awarded to a teenager who suffered depression and post-traumatic stress disorder following a sexual assault by a school employee who then threatened to kill her if she told anyone. The employee was arrested and plead guilty to sexual assault. It was argued by the plaintiff that the school failed to do a proper background search and negligently hired the employee to be near children. A background search would have uncovered that the assailant had formerly sold drugs to minors.
$425,000 at mediation for a 45-year-old Connecticut man, who was exiting his car in a supermarket parking lot when a shopping cart attendant attempted to throw a group of keys on a chain to a co-worker, and missed his mark, striking the man in the rear of the head. The plaintiff suffered an occipital nerve injury that caused ongoing pain and headaches, as well as complaints of memory loss.
$400,000 resolution for a fractured distal radius requiring surgery after the plaintiff slipped and fell on a broken, ice-covered sidewalk in downtown Manhattan.
$382,500 awarded to an asbestos worker who suffered a fractured calcaneus and two cervical herniations when he fell from a scaffold. Plaintiff contended that the accident could have been avoided had he been provided with the necessary safety equipment. The court granted summary judgment under Section 240 of the Labor Law and a mediator brokered a settlement on the damages.
$375,000 awarded at mediation to a 40-year-old man injured in a 2004 accident when his parked car was struck by a truck in New York County. The plaintiff incurred devastating back injuries, requiring several surgeries and has been left with severe limitations, including gross urinary and fecal incontinence, erectile dysfunction and massive depression. He will likely need further medical procedures. The plaintiff had a felony record and had a history of prior back problems that predated the accident and led to a preaccident award of Social Security Disability, both of which limited the value of the case.
$360,000 settlement for a Bronx college professor who slipped on an icy sidewalk when the owner shoveled, but failed to salt and sand. The plaintiff sustained a bimalleolar fracture which was treated with open reduction and internal fixation.
$350,000 47-year-old Queens man was merging lanes on the Long Island Expressway when a tractor-trailer rear-ended his vehicle. The plaintiff suffered herniations in the cervical spine and underwent an anterior cervical fusion at C4/5 and C5/6 with plates and screws, as well as a radiofrequency ablation of the C4/5 and C5/6 medial branch nerves.
$350,000 at mediation for a 51-year-old Bronx woman who was caused to slip and fall on wet tiling in the bathroom of a commercial building in the Bronx, causing a rotator cuff tear and surgery. Plaintiff argued that the floor was wet from mopping and building staff failed to place warning signs
$350,000 to a 47-year-old Nassau County man whose vehicle was struck in the rear by a tractor-trailer when he attempted to merge lanes and required cervical fusion. When the fusion did not properly correct the plaintiff’s condition, he underwent radiofrequency ablation.
$350,000 verdict for a 57-year-old retired housewife who slipped and fell in Grand Central Station on garbage that had leaked onto the marble flooring. The plaintiff suffered a comminuted ankle fracture and underwent open reduction and internal fixation. She was left with permanent range of motion loss.
$350,000 at mediation to a 67-year-old New York male who slipped and fell on ice while entering his car, fracturing several ribs and sustained a lacerated spleen, which had to be removed. The car was parked next to a construction site and the personnel had not properly sanded and salted after shoveling the snow and ice.
$350,000 settlement for a juvenile who fractured both forearms after he fell on slippery stairs while recovering from drug abuse at a Brooklyn rehabilitation center. The stairs had just been mopped and the staff failed to provide “slippery when wet” signs or other warning devices to prevent the incident. The plaintiff had surgery to set the bones and was left with 5-inch vertical scars on both forearms.
$350,000 for dental malpractice. The plaintiff, age 54, was undergoing a dental implant installation of a molar with the aid of cone beam scan, when the dentist nonetheless injured the lingual nerve, which resulted in ongoing pain, numbness and paresthesia in the lip and tongue. The plaintiff, an actress, claimed she had difficulty with her verbal clarity post-accident. Although there was an informed consent, it was found that the dentist used too large and implant and drilled too deeply.
$330,000 recovery in a labor law matter involving a 42-year-old carpenter injured on the job site when another subcontractor on the scaffold directly above him dropped a wrench, striking the plaintiff’s face, fracturing his nose and creating a 3-inch laceration off of the tear duct of his left eye, which required sutures to repair and which left a permanent scar.
$325,000 settlement for a 12-year-old boy from Freeport Long Island that sued his public school after he slipped and fell on a spilled liquid in the cafeteria during lunch. We argued that the school took an unreasonably long time to notice and clean up the spill and had they done so the accident would have been avoided. The infant suffered a fracture of his left femur, underwent surgery and made a good recovery.
$300,000 paid at mediation to a 55-year-old woman who was shopping outside of a store when multilevel metal racks with flowers and plants collapsed on her due to 40 mph wind gusts. During depositions, we demonstrated that store employees were aware that the ground on which they placed the racks was rutted and uneven and thus unstable. The plaintiff suffered a compression fracture to her L2 disc and a burst fracture in her L4 disc. Plaintiff testified that the injuries have left her unable to perform household chores, go to the gym and with difficulty walking without pain.
$300,000 policy awarded to a 23-year-old man who was struck by a car after he exited the park from jogging. The man was wearing a dark track suit and hood, but the driver admitted not seeing the jogger before striking him. The plaintiff hit his head, became comatose and suffered oxygen deprivation, requiring him to live in a day care facility. We prepared a Medicare set aside plan to protect the plaintiff’s assets during his lifetime.
$300,000 uninsured motorist policy awarded at AAA arbitration to the family of a 16-year-old cyclist who was killed by a hit-and-run driver as he crossed a busy four-lane road. Plaintiff argued that, despite it being dusk, the boy was wearing bright colors and an investigation showed the vehicle took no evasive action prior to impact. The young man suffered a closed-head injury, which included a cerebral edema and subdural hematoma. He underwent a craniotomy, but nonetheless died two days later, having never regained consciousness.
$300,000 result for a 24-year-old student, who, while attending a New Year’s Eve party, fell 11 feet over the railing of a sidewalk bridge and into an exterior basement pit. Plaintiff suffered cervical fractures with instability that required surgery and left residual nerve damage.
$300,000 for a laborer who suffered a comminuted tibia and fibula while removing a boiler from a commercial property. Plaintiff alleged that the work was conducted in a dangerous and hazardous manner and in violation of the New York Labor Law §200, 240(1) and 241(6).
$287,500 mediated settlement for a Roosevelt Island man who suffered fractured forearms when his bike hit a pothole in the roadway. By conducting multiple depositions, we obtained evidence that the pothole was created by the collapse of the pavement supporting an electrical vault in the roadway and that the defendants were aware of the condition, which they failed to repair.
$280,000 settlement following jury selection for a Queens hardware store owner who fractured a disc in his neck when a snow-covered awning, that was the landlord’s responsibility, collapsed on top of him as he was closing his shop for the day.
$280,000 awarded to a 58-year-old New York pedestrian who was struck by a car and required arthroscopic ankle and rotator cuff surgery.
$275,000 settlement to a 68-year-old woman who fell down a small granite landing exiting a midtown New York shoe store. The plaintiff claimed that the stair design created an illusion that the granite landing was all one level. We retained an engineer that explained that shallow and short risers on the steps did create an illusion, and argued that a handrail wasn’t present as well. Plaintiff sustained a trimalleolar fracture and dislocation that required an open reduction, internal fixation of the leg.
$275,000 awarded to a college student who was a passenger in a two-car collision. The student suffered several scars, a fractured pelvis and later developed a DVT in her leg.
$250,000 awarded at mediation to a 52-year-old teacher’s aide who was struck by a small passenger bus in Queens County just outside of the crosswalk. She suffered rib fractures and a shoulder tear and was out of work for several months during the recovery process.
$250,000 26-year-old woman struck by a car that drove onto the sidewalk while attempting to parallel park. The plaintiff sustained displaced fractures of the fibula and medial malleolus and required open reduction internal fixation surgery to install two plates and nine screws. Defendant’s insurance carrier paid the plaintiff the full $250,000 insurance policy following depositions.
$250,000 awarded to a 47-year-old plumber’s assistant employed by a sprinkler company, who fell from a 15-foot height while attempting to replace a sprinkler head in a residential building. Plaintiff sustained a tibial plateau fracture and required surgery to repair a medial meniscus. Our office argued under Labor Law Section 240 (a New York statute, also known as the scaffold law, that protects the rights of workers injured in high falls or after being struck by a falling object, by holding that the general contractor, project owner, project manager and building owner may all be held responsible if an injury occurs) that plaintiff should have been provided with a Baker scaffold and other safety devices by the companies monitoring his job site.
$250,000 settlement at mediation to a 41-year-old woman who suffered a severe hand laceration that required surgery when she became first claustrophobic and then frenzied in a stand-up tanning booth in Nassau County, when she could not locate the exit door. We argued that the booth had a poor design that would not allow a user, who was wearing protective goggles to feel for the door. Furthermore, the booth had sharp metal edges, which was the proximate cause of plaintiff’s laceration.
$250,000 medical malpractice verdict to a Brooklyn woman who suffered a severed ureter during fibroid removal surgery and had urinary incontinence for several months until the problem was corrected in a subsequent surgery.
$250,000 awarded to an 80-year-old woman who fell out of a cab when the driver failed to verify she was in the car. Upon falling from the car, she landed on her shoulder, causing a four-part fracture and dislocation, as well as a brachial plexus injury. She thereafter had a hemiarthroplasty and was left with permanent weakness in the arm.
$250,000 settlement for a 52-year-old school aide who was struck by a school bus while she crossed the street. As a result of the accident, the victim sustained a displaced fracture of the fifth rib, a partial thickness humeral surface tear of the supraspinatus tendon, and multiple thoracic and cervical herniations. Defendants argued that the plaintiff was jaywalking way outside of the crosswalk.
$250,000 paid to the family of an elderly woman who was fatally struck by a medical doctor when she was crossing the street at night and in a rainstorm outside of the crosswalk.
$250,000 to a 9-year-old child who was playing tag in a city public schoolyard, when she fell and fractured her hip. Our attorneys argued that the teachers should have stopped the game of tag, which was being played on blacktop and, had they done so, the injury could have been avoided.
$250,000 awarded at mediation to a 55-year-old man who, while in the course of his employment as a truck driver, was involved in a two-truck collision. The plaintiff sustained an aggravation and exacerbation of prior lumbar injuries and required an L5-S1 fusion and bilateral foraminotomy with decompression. He was unable to return to work as a driver.
$240,000 awarded to a gentleman whose vehicle was rear-ended by an out-of-state driver who was driving his daughter’s vehicle on the Southern State Parkway. Plaintiff sustained a herniated L2-3 disc in his lumbar spine, requiring a laminectomy. We collected $50,000 from the daughter’s general liability policy and then recovered another $190,000 from the defendant’s policy that was available on his own car in another state.
$240,000 arbitration decision for a 79-year-old male pedestrian who was struck by a vehicle while crossing a busy street. As a result of the incident, the plaintiff suffered a fractured ankle and required rotator cuff surgery. Questions existed as to whether the plaintiff or the driver of the BMW had the light in their favor, and plaintiff was found to be 66 percent at fault.
$240,000 awarded at arbitration to a law school professor from Greenwich Village who was struck by a nursing home ambulette while on his bicycle. It was undisputed that the ambulette was improperly traveling in an emergency lane. As the plaintiff merged into said lane, he was struck and thrown from his bike, losing consciousness and suffering L4 and L5 compression fractures. The arbitrator awarded $500,000 finding that the driver should have seen the cyclist merging but found the plaintiff 20 percent comparatively negligent, reducing the award.
$239,300 award for an 84-year-old Alzheimer’s patient who was injured while being transported by ambulette. The victim, who suffers from peripheral vascular disease, sustained a large gash on her lower leg. The victim’s medical conditions left her body unable to heal the wound, and her lower leg had to be amputated.
$235,000 awarded, following jury selection, to a day laborer, who was injured on the job when a gas line exploded due to the general contractor failing to adhere to the requirements of the Industrial Code and retain a safety coordinator in violation of Labor Law §241(6) and Labor Law §200. The plaintiff suffered a traumatic brain injury and was unable to return to work.
$230,000 awarded at mediation just prior to trial to a 38-year-old man who was driving his car straight when a pick-up truck attempted to make a left turn and struck the plaintiff’s car. The plaintiff suffered tears in his knee and shoulder, as well as herniated discs in his lumbar spine, but opted only to have surgery on his knee due to a pre-existing blood disorder that made surgery inherently dangerous.
$224,000 for a common law couple in their 60s who were heading home in a sports car in Queens when they were cut off by a garbage truck. Their vehicle became trapped under the vehicle and dragged. The husband sustained a torn bicep and the wife sustained soft tissue injuries, including a bulging disc in her neck.
$220,000 received by a woman who tripped and fell on a defective city overpass in Brooklyn and sustained a fractured ulna, requiring surgery. The Sakkas, Cahn & Weiss attorneys located inspection reports documenting that the bridge and others maintained by the city were unsafe and long overdue to be renovated.
$220,000 awarded to a 54-year-old woman in Rockland County who slipped and fell backward down concrete steps while on her way to work at a North Fork bank branch. The plaintiff contended that a construction company contracted to pave the parking lots surrounding the building, did so in a deficient manner, allowing tar, macadam and loose pebbles to come loose and get tracked onto the bank’s walkways by people’s shoes. The plaintiff struck her head and was rendered unconscious following the accident and was admitted to Nyack Hospital for four days. Her hospital diagnosis included a substantial laceration to the back of her head, traumatic brain injury, a vestibular disorder, monocular diplopia and cervical and lumbar bulges. She was later issued a permanent partial disability by workers’ compensation.
$215,000 for a Federal Express employee chased from a home at which he was delivering a package by a pit bull. The worker sustained bites on his hands and legs and after the insurance carrier refused payment, the owner of the dog, an NFL player, paid from his own pocket.
$205,000 awarded before trial to a 14-year-old girl who sustained burns from a heating pad while attending a summer camp for kids with disabilities. The plaintiff suffered paraplegia from a prior accident and had reduced sensation in her lower body. The facility placed heating pads on the infant’s lower back due to low back pain and then left her unsupervised. The plaintiff fell asleep and awoke to a 2 cm x 3 cm third-degree elliptical burn.
$205,000 for a 68-year-old man who slipped and fell in a parking lot pothole in Queens and sustained a rotator cuff tear that required surgery to repair.
$205,000 for a 68-year-old man who slipped and fell. The victim’s fall was attributed to a pothole in the Queens parking lot. As a result of the fall, the victim sustained a rotator cuff tear that required surgery to repair.
$205,000 awarded to a Bronx woman who sustained a rotator cuff injury when the elevator in which she was riding misleveled 17 inches higher than the hallway, causing her to step out into midair and fall.
$200,000 awarded to a 60-year-old woman who slipped on ice in her building lobby. The water came from a water pipe that had frozen and cracked when an empty apartment in the building with a cracked window allowed cold winter air to decrease the temperature to freezing.
$200,000 settlement with the City of New York for a woman who suffered a fractured elbow requiring ORIF surgery for injuries she sustained when crossing a pedestrian footbridge in Queens. Plaintiff proved the city had been on notice by a 2-year-old Department of Transportation memo, indicating the bridge was decaying and recommending it to be repaired immediately.
$200,000 for a woman injured at a New York City restaurant when a door stopper inside the front entrance and missing its rubber edge, caught on the plaintiff’s ankle. The plaintiff required 14 sutures and developed an infection, which required a 3-day hospital admission.
$200,000 awarded to the family of an 86-year-old New Jersey man who was killed when a truck struck his vehicle.
$200,000 awarded to a Nassau County products liability victim, when the defective table saw he was using malfunctioned and partially amputated the tips of three fingers, requiring surgery to reattach the tips and physical therapy to learn how to use the hand again.
$195,000 for a 25-year-old man who had his jaw fractured and wired when a neighbor punched him. Plaintiff argued that the action was not an assault (which would not be covered under a homeowners insurance policy) but rather the unintentional result of an intentional act.
$195,000 award from a homeowner’s insurance policy for a 25-year-old man. The plaintiff, who had his jaw fractured and wired when a neighbor punched him, argued that the action was not an assault (which would not be covered under a homeowners insurance policy) but rather the unintentional result of an intentional act.
$185,000 for an Israeli man who was visiting a cousin in Brooklyn. The cousin had renovated the basement to his home without assistance, and in doing so created a dangerous stairwell with unequal risers that created tripping hazards. The plaintiff fell down the stairs and sustained bimalleolar fracture that required surgery.
$185,000 awarded to three family members who were injured when their parked car was rear-ended by a drunk driver. Each of the plaintiffs suffered soft tissue injuries, specifically bulging and herniated discs in the cervical and lumbar regions.
$176,000 award for 45-year-old woman who slipped on the exterior stairs of a New York brownstone. The victim suffered a torn rotator cuff and lumbar herniation, which required a discectomy. At trial, a retained engineer demonstrated the stairs lacked the proper coefficient of friction and thus became slippery when damp, posing a safety risk.
$175,000 paid to the estate of a woman who died after she developed Stage IV bedsores at the nursing home in which she was a resident. Plaintiff was admitted to the facility at 75 years of age due to dementia, hypertension and vascular disease. The staff failed to alter the plaintiff’s position in bed.
$175,000 awarded to the plaintiff in a Labor Law 241(6) when he was working as a sub-contractor in the 2nd Avenue Subway project and lost his footing, sustaining a meniscal tear. Plaintiff argued that the general contractor failed to provide proper safety equipment to prevent accidents of this nature.
$170,000 to a young military veteran who was a passenger in a car when the driver lost control and hit a stone pillar, causing the plaintiff to sustain a large laceration on his forehead that required two surgeries to correct.
$170,000 awarded to a retired magazine editor who suffered a fractured scapula, when he was struck by a taxi as he jaywalked across a Manhattan street. The taxi passenger issued an affidavit that the driver must not have seen the pedestrian as he did not stop until seconds after striking the victim.
$170,000 settlement at mediation for a 50-year-old man thrown from a horse at the Jamaica Bay Riding Academy when the animal broke into a gallop. Plaintiff suffered an intra-articular distal radius fracture in his nondominant arm that required surgery. Plaintiff was a novice rider and had explained to the guide that the horse seemed agitated and was not responding. The guide told plaintiff he would be fine and took no steps to examine the horse. We retained a horse expert who explained the horse was agitated due to his grazing muzzle, which was ill fitting and which impairs the horse’s breathing. Defendant argued the rider “assumes the risk” when partaking in a dangerous activity, to which we responded that plaintiff does not assume the risk of negligent conduct on behalf of the staff.
$165,000 to an Irish tourist who fell on a broken Manhattan sidewalk and fractured her dominant arm at the distal radius, requiring open reduction and internal fixation.
$165,000 for a woman injured in an auto accident when another car ran a red light. The plaintiff suffered partial tears of her right rotator cuff and long head of the biceps. She underwent a debridement and acromioplasty of said shoulder, and thereafter developed capsulitis, requiring a second procedure to clean out the adhesive scar tissue.
$157,500 mediation result for a traumatic brain injury suffered by a 60-year-old woman when she was involved in a two-car collision.
$160,000 in damages awarded to a legally blind woman, who fell over an open trap door on a city sidewalk after leaving a delicatessen, fracturing her forearm.
$155,000 awarded to a teenaged Bronx girl when the door to her family’s New York City Housing Authority apartment abruptly closed on her middle finger due to a defective hinge, amputating the tip of said finger. In addition to the finger being shortened, the young woman argued psychological damages based on the embarrassment she feels when people look at her hand.
$150,000 arbitration award for a 45-year-old man whose vehicle was rear-ended on the FDR in Manhattan and suffered substantial soft tissue injuries that prevented him from returning to work. Plaintiff had a history of severe pre-existing injuries to his shoulder and back from an accident several years earlier.
$150,000 from the makers of a U.S. car manufacturer for a 68-year-old woman whose hand became trapped in the trunk of her car when she pressed the automatic shut button. Plaintiff fractured several fingers and remained trapped for two hours until she was discovered.
$150,000 awarded to a 70-year-old man, who was run over by a young woman who was speeding in her father’s car while using her cellphone and failed to see the plaintiff crossing at the crosswalk. The victim suffered severe head injuries and died later that day of an intracranial hemorrhage. The insurance company tendered their $100,000 policy and the defendant and her father paid an additional $50,000 out of their personal assets to resolve the matter.
$145,000 awarded to an advertising executive for a laceration to his nondominant hand that caused tendon damage and required surgery. The man was taking a work break and dining out with co-workers at a New York City restaurant in the Theater District. When he went to the bathroom to wash his hand, he gently leaned on the edge of the sink and the entire sink, along with the plaintiff crashed to the floor, causing the sink to explode and sharp porcelain shards to cut the plaintiff’s hand.
$145,000 paid to a 14-year-old girl who was sexually assault during an after-school program in a Bronx high school. The assailant was an older boy who had previously graduated from the school. We demonstrated that personnel running the program should not have allowed outsiders into the school and that the assailant should not have been able to access the girl’s locker room.
$143,350 postal worker on the Upper West Side of Manhattan was assaulted by a young man after the postal employee tried to prevent the man from stealing mail out of his ex-girlfriend’s mailbox. The plaintiff had a finger on his dominant hand fractured and dislocated and missed several months from work.
$140,000 awarded to a client struck by an unsecured tent, which resulted in fractures to her right hip as well as fractures to her third, fourth and fifth metatarsals of the right foot.
$140,000 awarded to a 65-year-old Chelsea resident who tripped and fell over a basket of CDs at Tower Records, fracturing his hip. It was argued that the store was aware that customers would leave their baskets in dangerous positions and that personnel should have monitored the aisles more closely.
$140,000 was awarded to a Harlem man who tripped over a raised sidewalk flag and suffered a dislocated shoulder. Doctors tried unsuccessfully to perform a closed reduction to get the shoulder back into position. Thereafter, they tried a closed reduction under traction, again without success. Finally, they performed surgery (Bankart repair/anterior capsulography) to reposition the shoulder and counter the instability.
$139,000 for an elderly Manhattan woman who was being transported by ambulance when the vehicle had an accident. The patient sustained a laceration which later became infected. The infection took more than two months to heal and left a 4-inch keloid scar on her leg.
$135,000 for a 50-year-old Haitian male who tore his right labrum and rotator cuff when he fell down the stairs of his Brooklyn apartment after losing his balance. We argued that the steps were all different heights and that the stairs had no handrail for him to grab onto to prevent his fall.
$132,500 for a 32-year-old man who was stripping and applying polyurethane to hardwood floors in a Queens apartment building. The superintendent failed to turn off the pilot light for the kitchen stove before the work began on the floor. As a result, the highly flammable materials ignited, burning the young man’s clothes and leaving him with first- and second-degree burns on his arms and face.
$125,000 to New York woman who was sexually assaulted by an employee of a medical clinic who presented himself as a doctor and then proceeded to conduct a breast exam, which he was not authorized to do. We sued the medical clinic on the grounds that the clinic employee’s supervisors did not properly monitor his activities and that they knew, or should have known, of his propensity to engage in this inappropriate behavior.
$125,000 settled midway through trial. Allegations were that the plaintiff, a 36-year-old female passenger in a two-car Bronx collision, sustained bilateral meniscal tears in her knees and chondromalacia when she struck her knees on the dashboard of the car. The plaintiff underwent arthroscopic surgery to repair each knee and her doctor opined that she would require knee replacement surgery on both knees at some point in the future.
$125,000 for a 10-year-old student who was injured in her gym class playing dodgeball, when another student fell upon her hand resulting in Reflex Sympathetic Dystrophy (RSD). Our theory against the private school was that they had too many gym participants, creating a dangerous situation of overcrowding.
$125,000 to a 30-year-old woman who suffered a partially torn rotator cuff and glenoid labrum, requiring surgery, when a car ran a stop sign and plowed into her automobile.
$125,000 settlement for a man who sued the New York City Police Department. The police answered a call for disorderly conduct at a Manhattan hotel but, upon their arrival, found the altercation had been resolved. Thereafter, the police pulled the victim out of his hotel room in his pajamas, cuffed him and needlessly swept his leg, causing a comminuted tibial fracture that required surgery to install a rod. Surveillance video showed the victim posed no threat at the time the police broke his leg.
$120,000 for a male passenger in an automobile, who was not wearing a seat belt and smacked his face on the dashboard of the car. The plaintiff suffered an orbital fracture, leading to blurry vision for several months, as well as herniations and bulges. The value of the case was lowered because the defendants argued the seat belt defense to demonstrate that if the plaintiff had worn his belt, the injuries would have likely been avoided.
$117,500 for a 28-year-old woman, whose car was struck at an intersection by another car that ran a stop sign. The victim suffered impingement syndrome in her left shoulder and required two surgeries after the first surgery proved unsuccessful.
$115,000 this is an MVA venue in Suffolk County involving a 43-year-old. woman with good liability who underwent shoulder surgery for a partial rotator cuff tear and had two fluoroscopically guided steroidal injections for bulges and herniations in her lumbar and cervical spine.
$115,000 for a 16-year-old girl who claimed she was forced to perform oral sex on an older male who entered the girl’s locker room during a YMCA after-school sponsored program in a Bronx high school. The plaintiff alleged negligent supervision on behalf of the staff and claimed psychological injuries, although treatment was nominal.
$100,000 awarded to a Kings County woman who fell in the outdoor courtyard of her apartment complex. As a result of her fall, the victim sustained lumbar and cervical disc injuries, as well as a tear of the posterior horn of the medial meniscus in her right knee. The plaintiff argued that a drain in the courtyard that was partially blocked had accumulated water for years, resulting in a mossy growth that led to slippery conditions.
$100,000 policy award to a man who was struck by a taxi cab as he crossed a Manhattan street. The victim sustained a severe head injury as a result of the late-night accident.
$100,000 for a 50-year-old man pinned against his own car as he attempted to retrieve something from his trunk, when an out of control motorist crashed into him. The plaintiff suffered fractured legs with surgery but unfortunately there was only $100,000 available in insurance. An asset search on the defendant turned up only $2,800 in savings, and no property.
$100,000 paid to a Brooklyn cyclist who was traveling west on a one-way eastbound street and was struck by a car when the driver didn’t see him. The driver argued he wasn’t looking for someone to come from the opposite direction, but photographs showed the driver had a very wide view and had he been looking at the road, he would have seen the cyclist. The plaintiff suffered herniated discs in his neck and underwent a discectomy.
$100,000 for a woman who was entering a New York taxi cab, after another passenger got out. The driver failed to realize the passenger was entering and pulled away, causing her to fall out of the taxi, land on the street and have her leg run over and broken.
$100,000 awarded to a Nassau County woman, who became claustrophobic in a stand-up tanning booth and in an attempt to exit, lacerated her finger on razor-sharp edges on the metal door. Surgery was required to close the wound and the plaintiff later developed a related nerve compression in her arm.
$100,000 resolution for a 25-year-old man that was a passenger in a car that was struck by a phantom vehicle that left the scene. The client underwent a right wrist arthroscopy and was awarded the underinsured motorist coverage that was provided by the insurance carrier for the vehicle he was in.
$90,000 verdict for two hotel employees who suffered injuries resulting from an elevator accident. The two victims suffered soft tissue injuries when a freight elevator on which they were riding suddenly dropped.
$85,000 verdict for a flight attendant who was assaulted by a drunk passenger during the course of a flight. The victim suffered post-traumatic stress as a result of the incident.
$75,000 for a young woman walking down the stairs in a Queens hotel, when she slipped on laundry bags that were piled up on said stairs. The victim twisted her foot, fracturing a bone. She was casted and lost several months from work as a result.