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Evaluation Request

XVIII/36-4 MOTOR VEHICLE PEDESTRIAN CLOSED HEAD INJURY WITH COGNITIVE IMPAIRMENT
Verdict: $219,545.00

Injuries: closed head injury with permanent cognitive impairments including memory loss, impairment of concentration, irritability, depression, personality disorders, and post-traumatic stress disorder; post-concussion syndrome; sleep disorder; torn ligaments in the right knee. Pltf. underwent knee surgery in 1999. She had taken a leave of absence and was working part-time by the time of trial. Deft. conceded that Pltf. suffered post-concussion syndrome, which medical experts on both sides equated with mild traumatic brain injury, but disputed the extent and duration of Pltf. s injuries, as well as her claim that she lost future earning power and partnership potential. Deft. produced evidence that Pltf. had been successfully employed at two of the big five public accounting firms since the accident, which had competitive work environments. Deft. also produced Pltf. s former manager from her current employer, who rated her accounting abilities highly. Deft. contended that Pltf. s emotional and personality complaints were related to marital discord. Deft. also contended that Pltf. s knee injury was an aggravation of a more serious prior injury, that results of extensive psychological testing did not support her claims of cognitive impairments, and that her part-time employment status was a voluntary arrangement that did not substantially impair her future prospects. Demonstrative evidence: charts; enlargements; photographs; diagrams ( 97 trial exhibits were marked). Jury deliberation: 6 hours. Carrier: CNA.

VII/42-36 CONSTRUCTION ACCIDENT – SUMMARY JUDGEMENT ON LIABILITY – MULTIPLE INJURIES TO IRONWORKER
Verdict: $750,000.00
This was a damages-only trial arising from an accident that occurred on the New York State Thruway. Deft. was found 100% negligent in the liability portion of this action which was previously determined in a decision filed 6/6/91. See, The New York Jury Verdict Reporter, Volume IX, Issue 2, Case 18. On 9/25/86, Clmt., then age 45, was driving a tractor-trailer, which skidded out of control after coming into contact with a fuel spill on the roadway.
Injuries: foot drop resulting from peroneal nerve palsy; L5-S1 radiculopathy. A police officer assigned to the Emergency Medical Services unit testified that when the unit arrived at the scene at about 4: 15 AM, they found Clmt. pinned from the chest down by sheet metal from the cab of the truck. He testified that Clmt. was found “`hanging by his legs’ . . . in a precarious position.” Decision at p. 3. He described Clmt. as hysterical as he attempted to wriggle himself out from under the steel that was pinning him into the cab. The odor of diesel fuel made Clmt. and the officer fear fire, and this fear caused Clmt. to tell the officer to amputate his legs if that was necessary to get him out of the wreckage.

XIV/47-15 MOTOR VEHICLE PASSENGER DISLOCATION FRACTURE OF THE CERVICAL SPINE SUMMARY JUDGMENT ON LIABILITY
Verdict: $610,164.00
Pltf., a 38-year-old landscaper, testified that on 8/30/93 shortly after 12 AM he was a passenger in a car driven by Deft. Paty, Jr. He claimed that they were traveling on Harned Rd. in Commack when the car suddenly left the road and hit a tree and utility pole. Pltf. was granted summary judgment on liability in September 1995 and this trial was on damages only.

Injuries: hangman s fracture dislocation at C2-3 ultimately resulting in a spontaneous spinal fusion at C1, 2, and 3. He wore a halo brace for 10 weeks. Pltf. claimed that he has severe permanent restriction of motion in the neck. He received physical therapy and acupuncture treatment. Pltf. testified that he cannot return to work as a landscaper and that he cannot perform sedentary work.

XIII/43-8 LABOR LAW LADDER COLLAPSE HERNIATED LUMBAR DISC
Verdict: $575,000.00
Pltf., a 52-year-old “off-the-books” painter, claimed that he was injured on 8/21/90 when he fell from a 6-foot-high ladder while painting a ceiling at 333 West 39th St. in Manhattan. Pltf. testified that the ladder did not have safety feet and there was no one with him to hold the ladder in place. Pltf. claimed that he was holding on to a water pipe to reach a portion of the ceiling when the ladder fell over. Pltf. contended that he was left hanging onto the pipe until he lost his grip and fell to the floor, landing on his heels. There were no witnesses to the accident. Pltf. contended that Deft. violated Labor Law ? 240(1) by failing to provide a safe workplace.

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.

XVII/29-49 MEDICAL MALPRACTICE CHILDBIRTH FAILURE TO TIMELY PERFORM CAESAREAN SECTION SPASTIC QUADRIPLEGIA DEVELOPMENTAL DELAYS
Verdict: $2,300,000.00
This action settled during jury selection for $2,300,000, plus non- assertion of a $13,800 Medicaid lien. The infant Pltf. was born prematurely on 3/4/82 at the Nassau County Medical Center in East Meadow. On 2/25/82, Pltf. mother, age 18, presented to the obstetrical clinic at Deft. s medical facility and was determined to be at approximately 28 weeks gestation. On the following day, her attending physician, a Dr. Tejani, supervised residents during a cerclage procedure. Pltf. was admitted on 3/2 and experienced spontaneous rupture of the membranes on 3/3. Dr. Tejani did not return to examine Pltf. until the next day, at which time he noted that the amniotic fluid was purulent and odorous, and he diagnosed chorioamnionitis.

XIII/40-38 LABOR LAW CARPENTER SUFFERS HERNIATED LUMBAR DISCS WHILE UNLOADING 300-LB DOORS FAILURE TO PROVIDE PROPER UNLOADING EQUIPMENT
Verdict: $171,000.00

This action settled during jury selection for $460,000 plus a reduction of a $171,000 Workers’ Compensation lien to $45,000. Pltf., a 35-year-old non-union carpenter employed by Third-party Deft. Accomplished Contracting, was injured while working at a construction site at the premises of North Shore Surgi-Center on Jericho Tpke. in Smithtown on 7/25/89. The premises were owned by Deft. North Shore Smithtown Development. Although it was not part of his job duties, Pltf. was directed by a supervisor for Deft. Halstar, the construction manager, to help him unload from a truck three solid doors manufactured by Deft. Director Door. The doors were to be transported into the premises by means of a handtruck. There were no hi-lo vehicles, forklifts, or other equipment that could have been used to unload the doors. Pltf. requested that the three doors, which were wrapped in plastic and banded together on a skid, be off-loaded separately because they were very heavy, but the supervisor refused. The truck driver slid the doors out of the back of the truck and toward Pltf., who was waiting with the handtruck. Pltf. claimed that the supervisor did not help him catch the doors, which weighed approximately 300 lbs, and they fell on Pltf.

IX/44-11 MEDICAL MALPRACTICE FAILURE TO TIMELY DIAGNOSE RARE FORM OF MENINGITIS BRAIN DAMAGE DEFENSE VERDICT
Verdict: $0.00

Facts: On 11/8/80, the 10-week-old Pltf. and her two older sisters, ages 2 and 4, were brought to Deft. Dr. Hill’s office suffering from intestinal symptoms. Pltf. was feverish, lethargic, and irritable, and had vomited the night before. She was admitted to Deft. Southside Hospital for observation. Defts. Perkerson and Blecher, residents in the hospital, performed a spinal tap 15 hours later after consulting with the attending physician. The tap was positive for meningitis. Pltf. was treated with Chloramphenicol and Ampicillin with a presumptive diagnosis of H flu meningitis. Further tests revealed the existence of Salmonella B meningitis, a rare type of the disease. Pltf. became very lethargic and began experiencing seizures. She was intubated and transferred to North Shore University Hospital where she remained from 11/9/80 through 1/21/81. During that time, she experienced several relapses.

XVII/5-45 PRODUCT LIABILITY COMMERCIAL WASHER MAINTENANCE COMPANY FAILED TO REPLACE GUARDS CRUSH INJURY TO ARM
Verdict: $1,377,500.00

This action settled during trial for $1,377,500, plus the waiver of a $ 103,228 Workers’ Compensation lien. Pltf., a 29-year-old assistant engineer for the Hotel Pennsylvania in Manhattan, was injured on 7/30/94 at 11:30 AM when his arm became caught in a tunnel washing machine. Pltf. claimed that he was cleaning the machine’s rollers when his hand and forearm were drawn into its pinch point. He contended that Deft. Lavatec failed to provide interlocks, that the machine was defectively designed and unreasonably dangerous, and that it lacked adequate warnings. He also claimed that the washer should have been designed with fault circuits, which would stop operation of the machine if it was started without the safety guard in place. Pltf. claimed that Deft. Mickron was negligent for removing and not replacing guards and covers, which would have prevented him from accessing the rollers and pinch point, and for instructing Pltf. to clean the rollers if necessary. Defts. claimed that Third-party Defts. Hampton and Ascot should not have allowed Pltf. to work on the machine and that Third-party Deft. Baring was responsible under strict product liability as a seller of a defective product. At trial, Mickron’s employees admitted to removing the machine’s guards despite knowing that the guards were meant to prevent injury. Pltf.’s expert testified that OSHA rules stated that any such machine guards should be immediately replaced if they are removed. Pltf.’s employer admitted that Pltf. had not been given instruction on safe use and repair of the washer.

X/40-17 PRODUCT LIABILITY DIESEL FUEL USED TO CLEAN MACHINE RESULTS IN EXPLOSION FRACTURED TIBIAL PLATEAU AND SUBSEQUENT RELATED FRACTURES
Verdict: $2,170,000.00
Pltf., a 42-year-old asphalt raker employed by City, claimed on 12/9/86 that he was told by his foreman to pour diesel fuel into an asphalt recycling machine about 15 minutes after it was shut off. This resulted in an explosion, throwing Pltf. into the air. The asphalt recycling machine was manufactured by Deft. Western Manufacturing and distributed by Deft. James P. Dow. Pltf. claimed that Deft. James P. Dow instructed the City that diesel fuel should be used to clean the machine. Pltf.’s expert testified that the machine operated at a temperature of 800- 900?. He also testified that diesel fuel could ignite at 100? with a source of ignition, such as static electricity, at temperatures in excess of 490?. Pltf. contended that using diesel fuel to clean the machine was dangerous and defective and that a non-flammable solvent should have been recommended by Deft.

XVII/13-30 SCAFFOLD ACCIDENT DAMAGES TRIAL STRUCTURAL STEEL PAINTER SUSTAINS ANKLE AND KNEE FRACTURES
Verdict: $770,239.00

Facts: On 10/8/94, Clmt., then age 43, fell 12-15 feet while working atop a mobile truck scaffold after its railing collapsed. At the time, he was employed as a structural steel painter, painting an overpass on Sunrise Hwy. in West Islip. Previously, Clmt. had been granted summary judgment on liability by the Appellate Division, Second Department. Lightfoot v. State of New York, 245 A.D.2d 488. This trial on damages ensued.

III/12-40U MOTOR VEHICLE – PEDESTRIAN – HERNIATED DISC
Verdict: $1,800,000.00
Pltf., a 40-year-old truck driver, was the victim of a hit and run by Deft.’s employee. Pltf.’s truck had been involved in a fender bender with Deft.’s truck on the Van Wyck Expy. on 2/7/83. Pltf. got out of his truck and approached Deft. to exchange information. When asked for information, Deft.’s driver suddenly pulled away, clipping Pltf. Deft. denied ownership of the truck. Even if it was their truck, Deft. argued, Pltf. had been negligent for stopping to exchange information on the busy roadway. Pltf. had tried to pursue the truck and did get a license number. Pltf. also received a missing record charge as the driver’s log for that particular truck had disappeared.

PLAINTIFF CLAIMS UNSTABLE, SLIPPERY LADDER CAUSED FALL
Verdict: $765,000
On April 5, 2014, plaintiff James Cicchetti, 46, a union-affiliated caulker, worked at a construction site that was located at 432 Park Ave., in Manhattan. During the course of Cicchetti’s work, he fell off of an 8-foot-tall A-frame ladder. He landed on a cement floor, and he claimed that he sustained injuries of his arms, a knee and a heel. Cicchetti sued the premises’ owner, 56th and Park (NY) Owner, LLC, which was one of the construction roject’s developers; a related entity, 56th and Park (NY) Holdings, LLC; some of the project’s developers, CIM Group, Macklowe Properties Inc. and Macklowe Construction, LLC; and the project’s general manager, Lend Lease (US) Construction Inc. Cicchetti alleged that the defendants violated the New York State Labor Law.

XVI/8-46 MOTOR VEHICLE CONSTRUCTION WORKER STRUCK BY SIDE VIEW MIRROR DISLOCATED SHOULDER
Verdict: $200,000.00

This action settled during trial for $200,000. Pltf., a 26-year-old foreman in a road works company, claimed that on 8/14/95 at 10:30 AM he was standing on a median approximately 1 foot from the road on Veterans Drive in St. Thomas, U.S.V.I., when he was struck from behind by the right side mirror of one of Deft.’s vans. Pltf. claimed that the van was speeding in a construction zone and that the driver was not paying attention to the road conditions. Pltf. did not see the UPS truck, but would have produced a co-employee who saw the incident occur.

XV/31-43 LABOR LAW ELECTRICIAN FALLS FROM LADDER HERNIATED LUMBAR AND CERVICAL DISCS
Verdict: $2,900,000.00

This action settled during jury selection for $2,900,000, plus a waiver of a $300,000 Workers Compensation lien. On 12/20/93, Pltf., a 25- year-old apprentice electrician, fell approximately 6 feet from a ladder while running electric conduit at a worksite on Madison Ave. in Manhattan. The ladder was on plywood that was covering a stairwell opening. Pltf. contended that the plywood was loose and unsecured and that when a co- worker walked on the plywood, it bounced, shook Pltf. and the ladder, and caused him to fall. Pltf. was granted summary judgement for Deft. s violation of Labor Law ?240. The Appellate Division affirmed the decision ( Devlin v. Sony, et al, ___ A.D.2d ___, 655 N.Y.S.2d 762).

XVII/46-3 LEAD POISONING FIVE-YEAR-OLD BOY EXPOSED TO PEELING LEAD-BASED PAINT COGNITIVE DEFICITS AND LEARNING DISABILITY
Verdict: $1,073,000.00

Facts: The infant Pltf., age 5 at the time, claimed that he was exposed to lead during his residence at Deft. s apartment from October 1993 through November 1994. His highest lead level was 39 mcg/dl, and it remained elevated in the low 30s and mid-to-high 20s for approximately 2 years. Pltf. claimed that there was a long- standing peeling paint condition at the premises. Deft. argued that it did not have notice that a child under 6 years old resided at the apartment, which was a pre-1960 multiple dwelling. Deft. also claimed that it was not negligent and that it did not have notice of a lead-based paint hazard until it received the Order to Abate Nuisance from the New York City Department of Health in May 1994. The jury found that Defts. had notice that a child under 6 years of age lived in the apartment, that Defts. were negligent, and that the lead poisoning was a substantial factor in causing Pltf. s injuries.

XVII/12-40 MOTOR VEHICLE TRACTOR-TRAILER DRIVER LOSES CONTROL OF VEHICLE DEFENSE BLAMED PHANTOM VEHICLE PASSENGERS SUFFER MULTIPLE INJURIES SEAT BELT DEFENSE BENCH TRIAL FTCA
Verdict: $1,600,963.00

Facts: On 10/11/96, Pltfs. were passengers in a Honda motor vehicle that was traveling on the Cross Bronx Expwy. The driver of the vehicle was Pedro Estevez (non-party; settled prior to trial). Pltf. Joseph (age 3) was seated on the lap of his mother, Pltf. Zobeyda (age 31), in the rear middle passenger seat, with Zobeyda s lap belt fastened around both of them. Pltf. Carmen (age 46) was wearing a seat belt. Pltfs. Yaniera (age 13) and Candida ( age 56) were not wearing seat belts. Deft. s U.S. Post Office tractor-trailer was headed eastbound on the Cross Bronx Expwy. when its driver lost control of the vehicle and crossed two lanes of traffic before hitting the median and coming to a stop across two of the roadway s three lanes. Pltfs. vehicle, which was traveling in the left-most lane, was unable to stop and struck Deft. s vehicle. Deft. contended that its driver was cut off by an unknown truck that fled the scene. Deft. claimed that the alleged phantom vehicle created an emergency situation that made the accident unavoidable.

LABOR LAW, SLIPS, TRIPS & FALLS – FALL FROM HEIGHT, CIVIL PRACTICE – SUMMARY JUDGMENT
Verdict: $5,003,801.54
On April 17, 2007, plaintiff Ivan Soba, 32, an installer of cable-television systems, serviced a residence that was located at 183 Elton St., in the Highland Park section of Brooklyn. During the course of his duties, Soba fell off of the top half of an extension ladder. He plummeted about 12 feet, and he sustained an injury of a leg. Soba sued the company that contracted his work, Cablevision Systems Corp., and a related entity, Cablevision Systems, New York City Corp. He alleged that the defendants violated the New York State Labor Law.

XVIII/12-1 MOTOR VEHICLE MOTORCYCLE ROAD DEFECT DEFECTIVE ROAD DESIGN AND IMPROPER MAINTENANCE OF ROADWAY DANGEROUS CURVE IMPROPER SIGN QUADRIPLEGIA DAY IN THE LIFE FILM
Verdict: $22,261,355.00
On 6/25/91, Pltf., a 23-year-old telephone company field technician, suffered severe injuries in a motorcycle accident that occurred on 39th Ave. at its intersection with 204 St. in Bayside. Pltf. was traveling westbound and there was a curve in the roadway. Pltf. contended that an eastbound car traveled into the westbound lane, forcing him to turn left, toward eastbound traffic. He lost control of his motorcycle, which overturned and slid across the road onto the opposite sidewalk.

VIII/31-6 ELEVATOR ACCIDENT — MALFUNCTIONING LOCKING DEVICE — PLAINTIFF STEPPED INTO EMPTY SHAFT — DEFENSE VERDICT SET ASIDE 9 MONTHS AFTER VERDICT
Verdict: $0.00

Facts: The accident occurred on 7/5/85 between 7-8 AM at the Lincoln Building at 60 East 42nd St. in Manhattan. Pltf., age 23 at the time, was a summer replacement freight elevator operator in the building. He claimed that when he reported to work on the morning of the accident, he unlocked the freight elevator door and stepped inside. The elevator was not at his floor, and Pltf. fell two stories down the elevator shaft. Pltf. contended that the locking device on the elevator malfunctioned, allowing him to open the shaftway doors even though the elevator was not there. He claimed that Millar Elevator, which had a maintenance contract for the building, negligently maintained the elevator. Millar’s contract required that one of its employee be present in the building during all business hours.

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