fbpx

Evaluation Request

XVIII/12-49 WORK ACCIDENT GARBAGE TRUCK STRIKES TREE BRANCH WHICH THEN HITS SANITATION WORKER BIMALLEOLAR ANKLE FRACTURE
Verdict: $750,000.00
This action settled on 8/2/00, prior to jury selection, for $750,000, all for pain and suffering, and under the terms of the settlement Pltf. s lifetime pension and disability benefits will remain in full force without reduction and with no liens to be paid. Pltf., a 38-year-old sanitation worker, claimed that on 5/4/92 while working on Shiloh Ave. in Queens he was injured when his partner driving the garbage truck hit a tree branch which fell on his ankle. Pltf. also claimed that the City Parks Dept. had inspected the tree on 7/20/90 and noted that it was in need of pruning for low branches. Pltf. s experts were prepared to testify that the standard clearance for roadways is 14 feet and that the branch height at the point of impact was 8.5 to 11 feet. Deft. maintained that the tree was not a priority for correction.

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.

SECURITY GUARD STRUCK BY FALLING WALL
Verdict: $5,000,000
During the evening of June 19, 2012, plaintiff Samuel James, 63, a security guard, worked at a shopping center that was located at 152 The Arches Circle, in the hamlet of Deer Park. Workers were installing a prefabricated salon wall in a store, and James was overseeing the site to prevent theft or property damage. The wall was delivered in two sections. Workers unpackaged the first section and situated it in an upright position. While the second section was being unpackaged, the first section fell and struck James. James sustained an injury of his head.

WORKER STRUCK BY FALLING OBJECTS, CLAIMED DISABLING INJURIES
Verdict: $492,500

On Nov. 18, 2011, plaintiff Jagjit Singh, 38, a construction worker, worked at a renovation site that was located at 20 Totten St., in Hempstead. Singh and other workers were constructing a scaffold. The scaffold’s materials were being hoisted to an overhead location, where they were being assembled. During the course of the work, Singh, who was situated at ground level, was struck by metal components that had plummeted several stories after having been unloaded from the hoist and dropped by a worker. Singh’s head and shoulders were struck, and he claimed that he sustained injuries of his back, his face, his neck and his shoulders.

SCHOOL BUS ACCIDENT LEFT BOY WITH BRAIN DAMAGE
Verdict: $3,775,000.00

On Nov. 28, 2007, plaintiff Kyle Fowlkes, 6, was a passenger of a school bus that was being driven by Donna Gray, who was traveling on Clearview Drive, near its intersection at Briarwood Road, in Wheatley Heights. Kyle claimed that Gray performed a “zigzag” stunt in which she swerved the bus left and right to entertain the children. He contended that his head struck and shattered one of the bus’s windows. Kyle’s parents, Kisha and Otis Fowlkes, claimed that Kyle sustained an injury of his brain. Gray was soon terminated by her employer, the Half Hollow Hills Central School District.

XVII/11-18 PRODUCT LIABILITY PHISOHEX INFANT SUFFERS MENTAL RETARDATION AND SEIZURE DISORDER DEFENSE VERDICT
Verdict: $0.00

Facts: The accident occurred on 10/5/88. Pltf., a 29-year-old U. P.S. driver, testified that he parked his truck on the north side of East 88th St. between Fifth and Madison Aves. in order to make a delivery. Deft. parked her 1986 Mercedes Benz on the south side of the same street and turned off the engine. Pltf. contended that he loaded a handtruck and crossed the street, and that Deft. then turned on her car and it “bolted,” crossing the street and hitting Pltf.’s handtruck. The Mercedes was leased, and was subsequently returned to the dealer. It was never located.

WORKER FALLS FROM LACK OF HARNESS INTO UNGUARDED HOLE
Verdict: $5,350,000
On Sept. 3, 2014, plaintiff Brian Ward, 57, a construction foreman, was working in a building in Dayton. The building was owned by New Jersey-based pharmaceuticals company Aurolife Pharma, LLC, which was converting it from office space to a drug-blending facility. Ward was installing industrial equipment when he fell through an unguarded, 6-by-6 foot hole in a floor, plunging 16 to 20 feet to the floor below. He claimed injuries to his back, head, pelvis, ribs and left foot. Ward sued Aurolife Pharma, general contractor MWK & Co. and subcontractor Tri-Steel Fabricators, alleging negligent maintenance that created a dangerous condition. He had also sued Aurolife Pharma’s parent company, Aurobindo Pharma USA Inc., and subcontractors New Jersey Boom & Erectors and Fania Roofing Co. However, they were all dismissed.

XVI/27-48 LABOR LAW PORTICO FALLS ON EXCAVATOR FAILURE TO PROVIDE SAFETY EQUIPMENT PARAPLEGIA
Verdict: $3,050,000.00

This action settled for $3,050,000 during trial. Pltf., a 31-year- old self-employed excavator, claimed that he was injured on 1/25/95 at 12 PM while performing excavation work on a multi-family dwelling located at 28-05 Bell Blvd. in Bayside. It was owned by Defts. Fein and Jeanniton. Deft. Ajay was the general contractor, and it hired Deft. K.B.M. to excavate a new driveway and parking area on the south side of the building and remove the stoop at the south entrance. Deft. K.B.M. subcontracted Pltf. to remove with his backhoe the existing dirt in the area where the driveway and parking lot were to be located.

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.

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.

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.

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.

PLAINTIFF CLAIMS OWNER INGORNED DAMAGED SIDEWALK
Verdict: $2,700,000
On April 7, 2011, plaintiff Wanda Chambers, 50, a social worker, fell while she was traversing a sidewalk that abutted the premises of 951 Wyckoff Ave., in the Ridgewood section of Queens. She claimed that she sustained injuries of her back, a knee and her neck. Chambers sued the sidewalk’s owner, the city of New York; the adjoining premises’ owner, Patrick Dillon; a tenant of a neighboring building, Leo’s Pharmacy Inc.; and Leo’s Pharmacy’s owner, Leonid Beres. Chambers alleged that the defendants were negligent in their maintenance of the sidewalk. She further alleged that the defendants’ negligence created a dangerous condition that caused the accident.

PLAINTIFF CLAIMED DETERIORATION OF PHYSICAL CONDITION AFTER CRASH
Verdict: $890,000.00

The plaintiff claimed she felt a spasm in her spine and pain from her buttocks up through the middle of her back and called her brother, who owns a towing service, and asked him to have a tow truck meet her at Exit 7, but when she got to the exit, no tow truck was there, so she continued to drive slowly and in alleged pain. She dropped her sister off and went to her parent’s house, where she was encouraged to go to the hospital, but declined to do so. During the night, Puleio said her back stiffened and her pain increased, and the next day she saw her primary care physician, who sent her to St Peter’s University Hospital, in New Brunswick, where she complained of pain in her back, left arm, left hip and left leg, with a pain intensity of six. She was released with a prescription for Percocet and Flexeril and was advised to follow up with her primary care physician.

VII/6-1 MARITIME ACCIDENT – JONES ACT – VERDICT FOR SEVERE INJURY TO DOMINANT HAND
Verdict: $4,700,000.00

Injuries: severe crush injury to the right dominant hand resulting in degloving, severing of the ulnar artery, and compound fractures of four fingers. Pltf. required six surgical procedures and skin grafting. Testimony indicated that Pltf. will be in pain for the rest of his life. Pltf. also suffered from psychological injuries including depression. Pltf. contended that he was unable to return to work at all. He claimed lost earnings based on his prior occupation as an automobile assembly line worker. He had been called back from a lay-off after the injury, but was found unfit to return to the assembly line. He also claimed that he was unable to perform any manual labor, the only appropriate work available to him with his limited education. Pltf. also called an expert who performed psychological tests which showed that his IQ had diminished to such an extent after the accident that he was a poor candidate for retraining for any future employment. Deft. argued that Pltf. was educable and could be trained for a new occupation.

ACCIDENT WITH TRANSIT BUS LED TO SPINAL FUSION
Verdict: $1,500,000

On Jan. 15, 2012, plaintiff Irvin Liburd, 51, a carpenter, was driving on the eastbound side of 23rd Avenue, near its intersection at 87th Street, in the East Elmhurst section of Queens. His vehicle’s rear end was struck by a trailing transit bus that was being driven by Daphne Morales-Nelson. Liburd claimed that he sustained injuries of his back and neck.

XIV/37-34 FALLDOWN STAIRS HERNIATED AND BULGING DISCS
Verdict: $550,000.00
This case settled after jury selection for $550,000, plus the waiver of a $175,000 Workers Compensation lien. Pltf., a 40-year-old produce manager for a supermarket, claimed that he was injured on 5/8/89 at approximately 10:30 AM when he fell on a staircase leading from a basement storage area of Deft. s premises to the sidewalk. At the time of the accident, Pltf. was working at a supermarket located in an adjoining building and had gone into Deft. s basement to locate plastic milk crates with which to build a display. He fell while walking up the stairs with two or three milk crates in his hands. Pltf. would have claimed that the stairs were defective and that he fell because a piece of a steel bull nose over the worn edge of the concrete step was missing. Deft. would have argued that Pltf. fell at a different location, that the fall was caused by his own negligence, and that the stairs were not defective.

PLAINTIFF CLAIMS ONCOMING MOTORIST NOT MINDFUL OF ICY ROAD CONDITIONS, CAUSED ACCIDENT
Verdict: $873,066

On Dec. 31, 2009, plaintiff Angel Ruiz, 44, a union-affiliated trucker, was driving on the eastbound side of Union Turnpike, near its intersection at Woodhaven Boulevard, in the Flushing section of Queens. His fiancée, plaintiff Jennifer Myers, was a passenger. Their truck struck one side of a sport utility vehicle that had skidded off of the westbound side of Union Turnpike, over the road’s concrete divider and onto the eastbound side of the road. Myers claimed that she sustained injuries of her back and neck. Ruiz claimed that he sustained injuries of his back and a knee. Myers and Ruiz sued the SUV’s driver, Mario Pugliano. Myers and Ruiz alleged that Pugliano was negligent in the operation of his vehicle.

XI/32-1 MOTOR VEHICLE PEDESTRIAN ROAD DEFECT INADEQUATE TRAFFIC CONTROLS 12-YEAR-OLD BOY SUFFERS SEVERE BRAIN DAMAGE AND MULTIPLE FRACTURES AND DEFORMITIES
Verdict: $37,760,680.00
Pltf. Kerwin, 12 years of age at the time of the accident, was struck by a vehicle driven by Deft. Williams (16% liable) on 11/17/88 at approximately 4:30 PM as he crossed the intersection of Bedell and 133rd Sts. in Jamaica. Pltf. contended that Williams was driving 42 mph in a 30-mph zone. He also contended that the intersection did not have traffic control devices due to the negligence of Deft. City (80% liable). Deft. Williams claimed that Pltf. darted out from behind a southbound vehicle and ran into the side of his car. Deft. noted that there was damage to the side of his vehicle where he claimed Pltf. ran into it. Pltf.’s expert contended that the displacement of Pltf.’s right hip indicated that he was struck by the front of Deft. Williams’ car. Deft. contended that he did not see the child until he was only about 3 feet away. Pltf. contended that the infant had come from the opposite side of the street, and had crossed over 30 feet of open space before being struck by Deft. Pltf. noted that Deft. was rushing home with medication for his ill son, and may have been distracted by concern for his son at the time of the accident.

COOK SUFFERED FROM DISABLING INJURIES AFTER MISPLACED LADDER FELL
Verdict: $1,195,500

On June 26, 2013, plaintiff Juana Rodriguez, 44, a cook, worked at a newly opened restaurant that was located at 6135 Junction Blvd., in the Rego Park section of Queens. While Rodriguez was exiting the restaurant’s walk-in refrigerator, she was struck by an A-frame ladder that had fallen from an upright position. Rodriguez claimed that she suffered injuries of an arm, her back, her head and a shoulder.

TOP