Evaluation Request

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.

IX/6-26 MOTOR VEHICLE — CROSS OVER CENTER MEDIAN — WRONGFUL DEATH — LOSS OF ONE EYE AND PSYCHOLOGICAL INJURIES
Verdict: $$3,620,000

Pltf. contended that the barrier was improperly designed and that the Deft. City should have replaced it with a Jersey-type barrier. Pltf.’s key contention was that an adequate barrier would have redirected Paris’ car back onto his side of the roadway, rather than allowing him to cross over the center line. The City contended that although the State of New York was in the process of changing the barriers on the roadway to Jersey- type barriers, even that type of barrier would not have prevented this accident. The City also contended that Paris’ alcohol impairment was the proximate cause of the accident, and argued that due to his criminal conviction, his intoxication, as a matter of law, caused the accident. Paris claimed that he lost control of his car because NJC Towing, which had repaired the steering in his car 1 month before this accident, did so improperly. Note: There had been one fatal accident at this site in the year before the trial.

XV/40-14 LEAD POISONING EXPOSURE AT APARTMENT COMPLEX DEFENSE VERDICT
Verdict: $0.00

Facts: This action arose out of Pltf. s alleged exposure to lead at Deft. s apartment complex located on Ave. X in Brooklyn. Pltf. was an 8-year-old student at the time of the exposure beginning in June 1992. Pltf. moved from Haiti to Deft. s apartment complex in June 1992. He received a blood test as part of a school physical that showed a lead level of 43 mg/dl. The Department of Health inspected Deft. s apartment and found significant violations of unacceptable amounts of lead in the paint, and issued an order to abate the condition. Pltf. received chelation treatment for his lead poisoning. Subsequent apartment inspections by the Housing Authority and by Pltf. s own experts were inconclusive as to whether the level of lead in the paint was within allowable limits.

XV/38-29 PRODUCT LIABILITY CHAIR COLLAPSE SPONDYLOLISTHESIS, SPONDYLOSIS, AND BULGING DISC SURVEILLANCE FILM
Verdict: $18,292

Facts: Pltf., a 35-year-old bedding salesman, claimed that he was permanently injured on 9/24/94 when a chair that he was sitting on at work collapsed. The chair was an office chair manufactured by Deft. (Model #M3). Pltf. claimed that the chair was defectively welded. Deft. conceded liability.

XI/40-27 SCAFFOLD ACCIDENT LABOR LAW BRAIN DAMAGE AND THROMBOPHLEBITIS
Verdict: $2,200,000.00
SETTLEMENT: Giacomo and Margaret Terranova v. City of New York; Metropolitan Museum of Art; Lehrer McGovern Bovis, Inc.; Haggerty Millwork Corp.; Vanguard Diversified, Inc.; Kevin Roche; Roche/Dinkerloo & Assoc.; and Bernard Lucchese/Haggerty Millwork Corp. v. Cord Contracting Co., Inc. and Cord Wall Construction Co., Inc. 333/91 Date of Settlement 1/27/94 New York Supreme.

X/24-24 PRODUCT LIABILITY CHAIR COLLAPSE DEFECTIVE DESIGN BRAIN DAMAGE
Verdict: $950,000.00

Facts: Pltf. was a 57-year-old department manager for Deft. B. Altman when she was injured when the chair in which she was sitting collapsed in July 1990. The chair, manufactured by Deft. SPS Technologies, was 24 years old at the time of the accident. Pltf. claimed that the chair had been defectively designed in that only one bolt secured the seat back to the bottom portion of the chair. Pltf.’s metallurgist testified that when this bolt failed, Pltf.’s weight was thrown backwards, causing the chair to collapse. He also testified that the bolt failure occurred at an area where the bolt and the seat back assembly did not fit together properly. Further stress was added to the bolt because the weight of the seat back was placed on the fulcrum, which was attached to the bolt. The expert testified that the bolt could not be tightened, causing the chair to wobble, which stripped the threads on the bolt, causing the bolt to weaken and eventually give way.

VIII/42-22 FOUR-YEAR-OLD INFANT INJURED ON PLAYGROUND EQUIPMENT — DAMAGES TRIAL — SUPRACONDYLAR FRACTURE OF THE ELBOW WITH DEFORMITY
Verdict: $247,735.00

Injuries: displaced supracondylar fracture of the left elbow with closed reduction. Clmt. has had difficulty coping with the disability of his left arm in that he cannot do certain things, such as climbing trees or swimming, and this often causes embarrassment and ridicule from other children. Clmt.’s left elbow is obviously deformed and the Court noted that when Clmt. was on the stand, he became suddenly aware of Judge Margolis looking at his elbow, and attempted to position his arm to make it less noticeable. Medical experts for both Deft. and Clmts. agreed that Clmt. suffered an enlargement of the growth plate as a result of the accident. The Court also found that Clmt. has a high chance of bursitis or arthritis in his adult years. Clmt.’s expert testified that Clmt. will have difficulties performing tasks that require pushing, pulling, or overhead work that requires the full extension of his arms.

IV/6-83 JONES ACT – HARBOR PATROL POLICE OFFICER FALLS ON GANGWAY – HERNIATED DISC
Verdict: $0.00

Facts: Pltf. was a 31-year-old New York City police officer assigned to the Harbor Unit of the police department. He claimed that on 12/2/81, he slipped and fell on a gangway while entering a police harbor boat. Pltf. brought this action under the Jones Act, claiming that the surface of the ramp was not skid-resistant. Pltf. also alleged that the gangway was set at too steep an angle (35G). Pltf. called several other police officers as eyewitnesses. They also testified that they had complained about the condition of the gangway to their superiors before the accident. Deft. contended that there was insufficient proof that the accident occurred at the time and place that Pltf. alleged. In addition, Deft. argued that if the accident occurred as Pltf. described, he was contributorily negligent in failing to use an available handrail and in not wearing nonskid deck shoes. In response, Pltf. argued that he was not allowed to wear deck shoes. Deft. also called the sergeant who supervised Pltf. He testified that no complaints regarding the condition of the gangway were made to him. Injuries: herniated discs at L-4, L-5 and L-5, S-1 (confirmed by CAT scan). Pltf. retired from the police department on disability. An economist testified that Pltf.’s lost earnings amounted to $ 600,000. Deft. called a neurologist who testified that Pltf.’s back injuries were apparently preexisting. Amount asked of jury: $2,500,000. Pltf. Experts: Howard Silfin, engineer; Herbert Stillwaggon, maritime expert; Irwin Stricker, economist; Dr. Edmond Prouder, rehabilitative medicine; Dr. Mark Kashen, radiologist, Great Neck; Dr. Gary Korenman, neurologist, Manhattan; Dr. Stephen Zolan, orth. surg., Hicksville. Deft. Expert: Dr. Murray Budabin, neurologist, Manhattan.

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.

XVII/5-24 LABOR LAW FALL FROM RAMP AMPUTATION OF TIP OF ONE FINGER
Verdict: $150,000.00
Facts: Pltf., a 21-year-old carpenter, was injured on 3/3/93 while working at a site for the construction of a new home in Southampton. Pltf. claimed that he was carrying a piece of lumber that was 2×10 inches wide and 20 feet long up a ramp when he slipped on mud and fell several feet. He testified that he grabbed the foundation wall and that the piece of lumber came down on his finger. Pltf. contended that Deft. violated Labor Law ??240 and 241. Defts. conceded liability, and agreed to a settlement of $150,000. The trial was held to determine the apportionment of liability between Deft., the general contractor, and Third-party Deft., the subcontractor.

VII/21-41 SWIMMING POOL ACCIDENT – QUADRIPLEGIA – SUCCESSOR CORPORATION ISSUE
Verdict: $1,898,672.00

The accident occurred on 8/6/83. Pltf., a 25-year-old correction facility guard, was a guest at a party at Deft. Rumbowski’s home. He dove into the shallow end of Deft.’s pool and struck his head on the bottom. Pltf. was rendered a quadriplegic and is confined to a wheelchair. Pltf. claimed that the pool did not have lights, depth or warning markers, and no reference points indicating its deep and shallow ends. Pltf. also claimed that Rohan Swimming Pool Center negligently designed, constructed, and installed the pool, according to standard safety precautions and advancements pursuant to National Swimming Pool Institute recommendations. Evidence indicated that Deft. Rohan Swimming Pool Center built the pool for Deft. Rumbowski about 15 years before this incident. Several years before the accident, Rohan sold the business to Deft. Royal Pools & Spas, which consisted of the same employees, business, and customer lists. The new owner was Deft. George Rohan’s son-in-law. The old and new corporations shared newspaper ads which stated: “same corporation, new name only.” At the time of the incident, Rohan was out of business and uninsured. Pltf. claimed that Deft. Royal Pools was negligent on the theory of successor corporation liability and a continuing duty to warn based on advancements in the safety field. Injuries: spinal cord trauma at C-3 resulting in quadriplegia. Pltf. can move his arms but has no fine motor movement in his hands. Demonstrative evidence: “Day in the Life” film, as part of a videotape settlement brochure distributed to all counsel and insurance carriers; scale model of swimming pool; blowup of survey of homeowner policy. Specials: $500,000. Pltf. Experts (on the videotaped brochure): George Lawniczak, Jr., Ph.D., water safety, Las Vegas, Nevada; Edmond Provder, vocational evaluation, Manhattan; Andrew Weintraub, Ph.D., economist, Temple Univ.

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.

VII/29-23 MARITIME ACCIDENT – LONGSHOREMAN – FALL ON GREASE – HERNIATED DISC
Verdict: $1,186,400.00

Facts: Pltf., in his late 20s at the time of the accident, was working as a lasher aboard Deft.’s ship, the American Legend. His work entailed securing and unsecuring cargo containers. While on top of one of the ship’s hatches, he stepped in a large greasy area and fell 15 feet to the deck. He was taken by ambulance to the hospital. Testimony indicated that a co-worker had brought the greasy condition to the attention of the night mate, and that nothing was done about it. Deft. argued that Pltf. was comparatively negligent because the condition was open and obvious. Deft. also argued that Pltf. was an experienced longshoreman and should have noticed the condition. Injuries: herniated lumbar disc requiring a laminectomy and a fusion. The laminectomy was partially successful, and Pltf. still has nerve root impingement. Pltf. is functionally illiterate and reads only at a second grade level. He argued that his limited abilities preclude him from finding non-manual labor. Pltf. Experts: Edmond Provder, occupational rehabilitation expert; David Zaumier, economist, Lexington Economic Consultants. Deft. Expert: Raleigh Ralls, economist, Little Rock, Arkansas.

DEFENDANT DROVE HEAD ON INTO PLAINTIFFS’ CAR
Verdict: $685,000
On June 11, 2015, plaintiff Estella Aliotta, 47, a legal secretary, was driving a Volkswagen Jetta north on Ringwood Avenue, in Pompton Lakes. The front-seat passenger was plaintiff Paula Raspantini, 50, a substance-abuse counselor. While they were heading north, a Honda compact sport utility vehicle was approaching from the south. The driver of the Honda, John Galinus, attempted a left turn into a parking lot and collided head-on with the Volkswagen. Aliotta claimed injuries to her neck, left shoulder, and left arm. Raspantini claimed injuries to her head, neck, spine, and left shoulder.

PLUMBER HIT BY FALLING BLOCK
Verdict: $2,650,000

XIII/21-17 MOTOR VEHICLE INFANT PEDESTRIAN EMERGENCY DOCTRINE CLOSED HEAD INJURIES COMA CONFUSION OVER JURY INSTRUCTIONS RESULTS IN DOUBLE REDUCTION OF VERDICT FOR COMPARATIVE NEGLIGENCE
Verdict: $277,671.20

Facts: The infant Pltf., 9 years old at the time of the accident, ran out into the street in front of his home on Rte. 5 in St. Johnville on 4/24/90 at approximately 5:30 PM, and was hit by a car owned and operated by Deft. Glessing. Pltf. contended that Deft. had time to see him and avoid the accident. Pltf.’s accident reconstruction expert testified that Deft. had an adequate sight distance, given his speed. He also testified that Deft. was within the speed limit. Pltf. contended that Deft. was looking for traffic approaching the intersection and was not paying attention to the road in front of him.

The parties negotiated a pretrial settlement, which was established via the guidance of mediator Michael McAllister. The defendants’ insurers agreed to pay a total of $3.1 million.
Verdict: $3,100,000.00

Facts: The accident occurOn Jan. 19, 2009, plaintiff Nicholas Tsetsakos, 29, an ironworker, was driving on the eastbound side of Metropolitan Avenue, near its intersection at Leonard Street, in Brooklyn. His vehicle collided with an oncoming cement truck that was being driven by Terrell Bonaparte, who had crossed Metropolitan Avenue’s double yellow center line. Tsetsakos sustained injuries of his legs.

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.

XIII/28-23 MOTOR VEHICLE DAMAGES TRIAL MASSIVE INJURIES INCLUDING HEAD TRAUMA AND EXTENSIVE FRACTURES SEAT BELT DEFENSE
Verdict: $1,806,055.00
On 4/23/87, Clmt., then age 27, was involved in a serious accident, for which the State of New York was previously found 35% liable. This trial concerned damages only.

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.

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