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XVI/19-43 LABOR LAW FALL FROM DEFECTIVE LADDER FRACTURED TIBIA AND FIBULA
Verdict: $This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers’ Compensation lien of $58,000.
This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers’ Compensation lien of $58,000. On 11/16/95, Pltf., a 40-year-old laborer, fell from a defective ladder while attempting to install a sheetrock ceiling at the Washington Jefferson Hotel on West 51st St. in Manhattan.Injuries: pylon fracture of the right tibia and fibula, requiring an external fixator, which was worn for 3 months. Pltf. has not returned to work. He has, however, completed over 100 college credits. Pltf.’s medical expert would have testified that Pltf. will require an ankle fusion in the future

XVIII/9-47 FALLDOWN STAIRS HERNIATED CERVICAL AND LUMBAR DISCS
Verdict: $675,000.00
This action settled prior to jury selection, in front of mediator Michael McAllister, for $675,000. Pltf., a 37-year-old truck driver, claimed that on 6/6/96, while delivering newsprint to the Daily News plant in Brooklyn, he tripped over a rock used to hold open a self-locking door to the loading platform and fell down a flight of metal steps from which one handrail was missing. Pltf. further claimed that the railing had been missing for almost a year, and that Deft. did not repair it because plant operations were being moved to New Jersey. Deft. contended that the accident occurred because Pltf. was in a hurry, and was rushing. Deft. further contended that it did not know who put the rock in the doorway. Deft. also contended that Pltf. should have seen the rock.

XV/20-4 MOTOR VEHICLE BICYCLE REFLEX SYMPATHETIC DYSTROPHY, CHRONIC PAIN SYNDROME, HERNIATED LUMBAR DISCS, KNEE INJURIES, AND POST-TRAUMATIC STRESS DISORDER
Verdict: $441,000.00

Verdict: $900,000, reduced to $441,000 for 51% comparative negligence of Pltf. (6/0). Breakdown: $20,000 for past pain and suffering; $80,000 for future pain and suffering; $100,000 for future medical care; $400,000 for future rehabilitative therapy; $200,000 for future custodial care; $100,000 for handicapped-accessible apartment. Pltf. s and Defts. post-trial motions were denied. Deft. s motion for a collateral source hearing was granted. Jury: 5 male, 1 female. Notice of Appeal by Pltf.

XIV/30-9 CONSTRUCTION ACCIDENT LABOR LAW LABORER FALLS FROM HEIGHT FRACTURED ELBOW AND HERNIATED DISC SURVEILLANCE FILM
Verdict: $77,700.00

VERDICT: $77,700. Breakdown: $25,000 for past pain and suffering for elbow injury; $4,200 for past pain and suffering for neck injury; $25,000 for past pain and suffering for lower back injury; $6,200 for future pain and suffering; $8,300 for future lost earnings; $9,000 for future medical expenses. Pltf. was granted summary judgment on liability. Jury: 2 male, 4 female.

XVI/16-44 MOTOR VEHICLE TRACTOR-TRAILER ACCIDENT REAR END CONSTRUCTION ZONE KNEE INJURIES AND HERNIATED LUMBAR DISC
Verdict: $1,475,000.00

This action settled during trial for $1,475,000 for Brown and $90,000 for Major. Pltfs. claimed that on 10/4/93 at approximately 9:45 AM they were involved in separate motor vehicle accidents while traveling north on I-95 between exits 19 and 22 in Westchester County. Pltf. Brown, a 29- year-old truck driver, was driving a tractor-trailer when Deft. Quinones, a heavy equipment operator, pulled onto the highway in a construction zone without warning or the use of a flagperson. Pltf. claimed that he was unable to stop in time, and struck the rear of the payloader. Pltf. Major, a 41-year-old tractor-trailer driver, was driving behind Brown and struck Brown’s trailer in the rear.

XVIII/28-41 MOTOR VEHICLE BICYCLE ABOVE-THE-KNEE AMPUTATION
Verdict: $3,710,000.00

This action settled after opening statements for $3,710,000. Pltf., a 46-year-old hospital admitting clerk, was riding a bicycle on 6/19/99 on Troy Ave. when he was hit by Deft. s pickup truck at the intersection of Bergen Street in Brooklyn. Pltf. claimed that Deft. Miller, driving Deft. JKB s truck, drove through a red light. Deft. claimed that Pltf. rode his bicycle off the sidewalk and into his lane of traffic, and that he had no time to avoid the accident.

VIII/6-14 MOTOR VEHICLE — LEFT TURN IN FRONT OF BUS — PASSENGER SUFFERS HERNIATED LUMBAR DISC, DENTAL, AND NASAL INJURIES
Verdict: $574,505.00
Pltf., 36 years old at the time of the accident on 5/14/87, was a passenger on a bus owned by Westchester County, driven by Donald Harman, and operated by Liberty Lines. Deft. Virga (100% liable) made a left turn in front of Deft.’s bus at the intersection of Dunnings Dr. and Tarrytown Rd. in Greenburgh. Although neither the bus nor the Virga vehicle made contact, the bus swerved, causing Pltf. to fall out of her seat. Injuries: concussion; nasal fracture with deviated septum; lacerations of the mouth; fracture of a fixed dental bridge; loosening of several natural teeth; cervical sprain; herniated lumbar disc. Pltf. underwent a lumbar laminectomy of L5-S1 with disc excision and nerve root decompression. Pltf.’s experts testified that she will be required to undergo a spinal fusion to L5-S1 intervertebral space and a surgical correction of the deviated nasal septum. Pltf. had been employed as a computer technician prior to the accident. She claimed that she can no longer work. Deft. contended that Pltf. made a good recovery from past surgical procedures and is capable of employment. Pltf. Experts: Dr. Dan Moskowitz, otolaryngologist, White Plains; Dr. Cornelius Jenkins, D.D.S., dentist, White Plains; Edward Provder, occupational assessment expert, Manhattan; Dr. John Galeno, orth. surg., Briarcliff; Dr. Conrad Berenson, Ph.D., economist, Woodbury. Deft. Experts: Dr. Steven Kase, otolaryngologist, White Plains; Dr. Chandra M. Sharma, neurologist, Manhattan; Dr. David Koretz, orth. surg., Plainview.

XVIII/6-18 ASSAULT VISITOR STRUCK BY MENTALLY DISABLED PATIENT AT FACILITY FAILURE TO TAKE PROPER SECURITY MEASURES BRAIN INJURY LUMBAR RADICULOPATHY
Verdict: $5,412,500.00
On 11/10/88, the 29-year-old Pltf. was in the lobby of 1129 Catherine St. in Brooklyn, where she had come to complete a job application. Deft. s treatment center occupied the first floor of the building. Pltf. was waiting for the elevator when a mentally handicapped female patient of the facility assaulted her, pulling her by the hair and causing her to fall backwards onto the ground. At the time of the assault, Deft. s employee was escorting the patient to the lobby restroom. Deft. did not permit its patients to use the facility s restroom. The patient had a history of assaulting other patients, as well as Deft. employees. At trial, Pltf. subpoenaed the employee who had been present during the assault. The employee testified that she was not trained to supervise violent patients, and had been told only to call for help in the event of a violent act by a patient. There were no security guards in the lobby. The claims against the owner of the building were dismissed during trial. Deft. contended that it acted reasonably under the circumstances, and that it was constrained by the laws of the State of New York in the way that it supervised its patients. Note: Subsequent to the liability verdict, each juror volunteered to return for the damages trial.

XI/22-6 MOTOR VEHICLE LEFT TURN NO-FAULT QUESTION ON BULGING DISC AND SPINAL STENOSIS DEFENSE VERDICT
Verdict: $0.00

Facts: Pltf., a 44-year-old N.Y.C. sanitation worker, claimed that on 11/14/89 he was traveling on Nereid Ave. when his vehicle was struck by Deft.’s vehicle as Deft. was making a left turn onto Bronx Blvd. in the Bronx. Pltf. claimed that he had the right-of-way and that Deft. turned suddenly. Pltf. testified that the impact caused him to hit his head on the windshield. Deft. contended that Pltf. was comparatively negligent because he was speeding. Two eyewitnesses testified for each party, corroborating their testimonies.

XII/21-1 MOTOR VEHICLE QUESTION OF LIGHTS AGGRAVATION OF SPINA BIFIDA REQUIRING FUSION SURGERY, AGGRAVATION OF KNEE INJURY
Verdict: $3,392,266.00

Facts: The accident occurred on 3/23/92 at the intersection of Rtes. 300 and 32 in the Town of Newburgh. Pltf., a 40-year-old construction worker who was out on disability at the time, testified that he was driving through the intersection with a green light when his vehicle was broadsided by Deft.’s fully loaded dump truck weighing 36,000 lbs. Deft. Robillard, the truck driver, claimed that he had the green light and that he blew his horn before entering the intersection. He also claimed that he was driving only 10 mph at the time. Eyewitnesses testified that they did not hear any horns at the scene. Pltf.’s accident reconstruction expert testified that Pltf.’s vehicle was propelled 40 feet into the front end of another car. He testified that his impact analysis determined that 40,000-60,000 pounds of force was exchanged, which indicated that Deft.’s vehicle was moving at approximately 30 mph at impact. The jury found Deft. 100% liable.

CARPENTER CLAIMED WORK-RELATED FALL ENDED CAREER
Verdict: $900,000

On April 2, 2012, plaintiff Errol Joseph, 40, a union-affiliated carpenter, worked at a construction site that was located at the World Trade Center Transportation Hub, which abuts the intersection of Church and Fulton streets, in Manhattan. Joseph fell while he was walking on plywood that covered a treacherous section of ground. He claimed that he sustained injuries of a knee.

IX/21-1 FALLDOWN CONSTRUCTION ACCIDENT LABORER SLIPS ON DEBRIS WHO HAD RESPONSIBILITY FOR CLEANING AT ISSUE MULTIPLE LEG FRACTURES
Verdict: $465,500.00

Facts: This incident occurred on 9/23/87 at about 10 AM at the Trump Park Building at 100-106 Central Park South. Pltf., a 58-year-old plumber employed by Paramount Plumbing (20% liable), was sent to an apartment in the building to complete a plumbing connection under the kitchen sink. Pltf. claimed that when he walked into the kitchen, he slipped and fell on debris on the floor. He testified that the debris consisted of cardboard, tile, wood, and sawdust.

CAR WAS PROPELLED OUT OF COLLISION, STRUCK BYSTANDERS
Verdict: $9,000,000
On Sept. 5, 2013, plaintiff Eita Pruss, 21, a student, was struck by a motor vehicle. The incident occurred on a median that separated Eastern Parkway, near its intersection at Kingston Avenue, in the Crown Heights section of Brooklyn. Dennis Blanchette was driving on the eastbound side of Eastern Parkway. When he reached the intersection, he began a left turn onto the northbound side of Kingston Avenue. His car’s right side was struck by a vehicle that was being driven by Massamba Seck, who was traveling on the westbound side of Eastern Parkway. Blanchette’s car was propelled onto the median, where it struck Pruss and other pedestrians. Pruss became pinned between the car and a pole. She suffered injuries of her back, a foot, her head, a knee, a leg, her pelvis, her sacrum and several ribs.

XIV/34-31 MOTOR VEHICLE REAR END TORN ACHILLES TENDON
Verdict: $225,000.00

This $225,000 settlement, before jury selection, arose out of an accident that occurred on 7/5/93 at the intersection of Central Park Ave. and Crisfield St. in Yonkers. Pltf., a 40-year-old salesperson at the time, claimed that Deft. s truck hit his car in the rear while he was stopped at a red light. Pltf. was granted summary judgment on liability after depositions.

XII/37-1 AIRPORT ACCIDENT AIRLINE EMPLOYEE STRUCK BY LOADED LUGGAGE CART HERNIATED LUMBAR DISC AND FACET JOINT HYPERTROPHY
Verdict: $2,000,000.00
Pltf., a 30-year-old passenger service agent for American Airlines at Kennedy Airport, claimed that on 4/5/85, she was struck in the back by a luggage cart pushed by a skycap, Deft. Merriwether, who was employed by Deft. Allied Aviation. Pltf. contended that the cart was fully loaded. A non-party witness, who was employed by another airline, testified that she saw the cart hit Pltf. Evidence indicated that a luggage cart is 5 feet long, 2?-3 feet wide and, when fully loaded, weighs between 280 and 480 lbs.

PAINTER SUFFERED INJURIES AFTER FALLING OFF LADDER
Verdict: $2,000,000
On March 26, 2015, plaintiff Manuel Bailon, 49, a painter, worked at an apartment building that was located at 415 E. 64th St., in Manhattan. During the course of his work, he fell off of a closed A-frame ladder that he had leaned onto a stairwell’s wall. He landed on the stairway, and he claimed that he suffered injuries of his back, a knee, his neck and a shoulder. Bailon sued the premises’ owner, Stahl York Avenue Co., LLC. He alleged that Stahl York Avenue negligently failed to provide a safe workplace. He further alleged that the company’s negligence constituted a violation of the New York State Labor Law.

XIV/37-6 MOTOR VEHICLE PEDESTRIAN IN CROSSWALK STRUCK BY BUS IN INTERSECTION MASSIVE INJURIES
Verdict: $2,800,000.00

Facts: This motor vehicle accident involved a pedestrian who was struck by a private school bus at a controlled intersection. Pltf. was a 45-year-old Polish immigrant with a Masters degree in engineering who was employed cleaning houses. She claimed that on 6/16/93, she was walking across Ocean Pkwy. in the crosswalk at the intersection with Ditmas Ave. in Brooklyn when she was struck by a private school bus driven by Deft. Johnson and owned by Deft. Van-Go. Pltf. claimed that Deft. was traveling in excess of the speed limit, that she was inattentive to the road and did not keep a proper lookout, and that she ran the red light. Deft. contended that she had the green light, and that Pltf. stepped out into the street against the light and did not look to her left before crossing. Deft. Johnson claimed that after impact, Pltf. landed in the crosswalk. Pltf. introduced eyewitness testimony from a resident of an adjacent apartment building stating that Pltf. came to rest 33 feet down the road from the crosswalk. Based on this evidence, Pltf. s accident reconstruction expert opined that Deft. was speeding, and that based on time, distance, and physics, Deft. was not even in the intersection when Pltf. started to cross the street.

VII/24-32 CONSTRUCTION ACCIDENT – SCAFFOLD COLLAPSE – FOOT INJURY
Verdict: $414,120.00

VERDICT: $414,120. Breakdown: $60,000 for past pain and suffering ; $180,000 for future pain and suffering; $1,620 for past medical expenses ; $7,500 for future medical expenses; $20,000 for past lost earnings; $85, 000 for future lost earnings; $60,000 for Barbara M. for loss of services.

LABORER FALLS SIX STORIES, SUFFERS FRACTURES OF ARM, SKULL, PELVIS
Verdict: $4,000,000

The parties negotiated a pretrial settlement. AP TEK Restoration’s insurer agreed to pay $3 million, and the insurer of 1963 Ryer Realty and Gazivoda Realty–though fully indemnified by AP TEK Restoration’s insurer–tendered its policy, which provided $1 million of coverage. Thus, the settlement totaled $4 million. The settlement also included a waiver of the workers’ compensation lien. A Saad Contracting’s insurers disclaimed coverage and did not contribute. The settlement’s negotiations were mediated by Allen Hurkin-Torres, of Jams.

XVIII/19-44 FALLDOWN PARKING GARAGE RAMP FRACTURED PATELLA
Verdict: $1,000,000.00

This action, which settled after Pltf. s orthopedist testified, resulted in a $1,000,000 settlement, with $750,000 in cash and $250,000 structured. Pltf., a 35-year-old physiatrist, claimed that on 11/2/95 at 7:45 AM she was injured while walking down a ramp at Defts. parking garage on 23rd St. in Manhattan. Pltf. testified that she slipped on a puddle of grease or oil. Pltf. s engineer testified that samples taken from the ramp indicated a long-term accumulation of oil from cars. Pltf. also contended through her expert architect that the garage ramp was excessively steep, lacked handrails, lacked a non-skid surface, and did not have an intermediate landing. Defts. denied notice of any oil.

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