Verdicts & Settlements Part 2
MAN INJURED WHEN HE FELL ON GREASE WHILE CROSSING STREET
A New York County Jury awarded a plaintiff $725,000 when he was caused to slip and fall on grease coming from a clogged catch-basin that was negligently repaired by the City of New York. As a result of the accident, the plaintiff sustained injuries to his knee that required two surgeries.
CONSTRUCTION ACCIDENT, STEAM FITTER STRUCK IN HEAD BY LIGHT
A carpenter caused a ceiling grid to fall. A light fixture that was in the ceiling grid struck a steam fitter in the head. The case settled during trial for $700,000.00.
CONSTRUCTION WORKER HIT BY PIPE
A construction worker was struck by a pipe. The pipe was not properly secured. He suffered a fracture of a cervical vertebrae. The case settled before trial for $640,000.00.
MOTORCYCLE ACCIDENT, QUEENS
Liability: A 19 year old was riding his motorcycle in Queens. A 60 year old gentleman traveling in the opposite direction in a 4 door sedan made a left hand turn attempting to enter a parking lot. He said that he did not see the motorcycle. The motorcycle hit the passenger side of the car and the 19 year old flipped over the car. While airborne he tried, unsuccessfully, to grab onto the roof through the open passenger side window. The driver claimed the motorcycle was speeding and popping a wheelie. There were multiple photos taken at the accident scene. The photos showed a tire mark from the motorcycle’s front tire at the bottom of the passenger side door. The photo contradicted the claim of the motorcycle popping a wheelie. Additionally, the damage to the motorcycle was not consistent with excessive speed. There was a witness who said he did not see the impact but he saw the motorcycle going fast before the collision.
Damages: The client suffered extensive injuries to his arm, and leg. He suffered a degloving injury that affected the muscles and nerves in his dominant arm. There was significant scarring and loss of skin necessitating a skin graft. The arm had noticeable muscle loss, a gross deformity a reduction in the range of motion and considerable decreased strength. The client was employed as an auto mechanic.
Result: $600,000.00 Settlement, the case was resolved before trial at a mediation
CAR ACCIDENT, BUS RAN RED LIGHT AT INTERSECTION, QUEENS
Liability: The driver of a yellow school bus ran a red light and struck client’s car that had entered intersection with the green light.
Damages: Multiple injuries including an injury to client’s back that required surgery. Defendant argued that the injury to the back was pre-existing.
Result: At trial, case settled for $600,000.00
BUS ACCIDENT, PASSENGER, QUEENS
Liability: The client was a passenger on an MTA bus. A vehicle pulled out of a parking lot and the bus hit the vehicle. The client was thrown violently into a pole. There was evidence indicating that both the driver of the bus and the driver of the car were at fault. The client was a passenger and therefore he shared no responsibility for the happening of the accident.
Damages: Cervical herniations with surgery. Shoulder tear with surgery.
Result: $600,000.00 settlement at mediation
WOMAN TRIPS AND FALLS ON DEFECTIVE SIDEWALK
A woman tripped and fell because of a defective sidewalk. She suffered a sever knee injury. The client had multiple knee surgeries. The case settled for $600,000.00 during trial.
CONSTRUCTION WORKER FALLS FROM DEFECTIVE LADDER
A construction worker fell from a ladder injuring his neck. The injured worker had neck surgery as a result of his fall. The case settled before trial for $600,000.00.
TRIP AND FALL, CONSTRUCTION WORKER, MANHATTAN
Liability: The client, a construction worker, was caused to fall while working on the roof. At the time of the accident he was moving building materials. It was claimed that the client fell as a result of a plank that was covering a wet condition. The plank shifted as it was not a proper pathway and the client fell.
Damages: Injuries to the client’s knee requiring surgery and as a result the plaintiff sustained loss of earnings.
Result: At trial the case settled for $585,000.00
TRIP AND FALL, HOLE ON SUBWAY GRATING, BRONX
Liability: While walking on a Bronx sidewalk, the client fell as a result of a hole adjacent to a subway grating. As a result of falling the client injured her knee. The New York City Transit Authority did not make an offer as their position was that the client fell when she got pushed by another person who was walking on the sidewalk and that if she did fall as a result of a hole, she was totally responsible for the accident.
Damages: Injured knee that required a surgery.
Result: At trial, the jury returned a verdict in the amount of $575,000.00 finding that the New York City Transit Authority was 100% responsible for the accident.
MAN INJURED WHILE ROLLERBLADING
While rollerblading a relatively young man tripped over construction debris. The case settled during trial for $550,000.00. The construction debris was sticking out of a large rubbish container located at the curb. The client suffered a neck injury that required surgery.
CONSTRUCTION ACCIDENT, FALL FROM WET WOOD PLANK, QUEENS
Liability: The client was working on a roof. He was told to work on a plank that had been nailed to the roof. The roof was angled and the plank was set up as a make-shift scaffold. The plank was wet. The client slipped on the plank and fell 2 stories. We claimed that the plank was a make-shift scaffold and that the plank did not provide adequate safety, nor protect the client from a fall related risk.
Damages: The client suffered a fractured radial head, fractured ulnar styloid, and a fractured scaphoid. Surgery was performed to stabilize the fractures.
Result: $500,000.00, the case settled at tr
MEDICAL MALPRACTICE, CATARACT SURGERY, CLIENT BLIND
Liability: The client who was seeing 20/20 prior to surgery. Even though she had 20/20 vision, she was told she needed cataract surgery on both eyes. The surgery was done at a teaching hospital. The first eye was done with no problems. She returned for the second eye and a complication occurred. The nucleus of the lens dropped into the vitreous gel (the vitreous is the gel that the eye is made of). A corrective surgery was required. The purpose of the corrective surgery was to harvest the dropped nucleus of the lens. During the corrective surgery a retrobulbar block was administered. The block anesthetizes the eye and prevents it from moving. The retrobulbar block is an injection of an anesthetic. The needle is supposed to follow the eye socket. When the needle is at the proper location the needle is angled up so that the anesthetic can be administered directly into the optic nerve. The optic nerve is located directly behind the eye. While administering the retrobulbar block the needle punctured the eye and exited at the back of the eye through the macula. As a result the client lost her vision in that eye. The macula is only 5% of the retina but it is responsible for 95% of our vision. The proper procedure for administration of the retrobulbar block calls for wiggling the needle just after angling the needle up to determine if the globe has been punctured. A puncture at the bottom of the globe will not result in blindness. In this case the resident said the attending did the block and the attending said the resident performed the block. The defendant claimed that blindness is a risk of the procedure and that the blindness occurred because the dropped lens damaged the macula.
Damages: Blindess and gravitation of the iris up into the eye socket.
Result: $500,000.00, case settled before trial
FALSE ARREST AND ASSAULT OF BLACK MALE, BROOKLYN
Liability: While taking a walk at night, the client was assaulted and arrested by a New York City Police Officer who believed the client was involved in a robbery. The City of New York claimed that the client attempted to flee after being approached by a police officer and that they had reasonable cause to detain, arrest, and use force against the client as a result of a description of the suspect and the robbery and the client’s actions when approached by the police. At the scene of the arrest, a victim of the robbery said the client was not the person that robbed her.
Damages: False Arrest, False Imprisonment, injuries to back as a result of Excessive Force used in the arrest, Civil Rights Violations and Punitive Damages.
Result: Verdict in favor of the client in the amount of $365,000.00 finding that the police officer had no right to arrest the client and in making the arrest violated the client’s civil rights. The case settled after trial for $500,000.00 that included attorney fees as a result of the jury’s finding that the police violated the client’s civil rights.
TRIP AND FALL, SIDEWALK, MANHATTAN
Liability: The client fell while walking on a sidewalk as a result of a defect. The client claimed that City of New York and Consolidated Edison were responsible for the defect because the City of New York owned the building and the defect was caused by Consolidated Edison because the defect started at a Consolidated Edison grating.
Damages: The plaintiff sustained multiple injuries including an injury to her knee that required surgery.
Result: At trial the case settled for $400,000.00
MEDICAL MALPRACTICE, HARTMANS PROCEDURE AND ILIOSTOMY
A man went into the hospital for a Hartman's procedure. The doctors were supposed to cut out a section of his intestine, staple off the end that went to his rectum and attach a colostomy bag to the end coming from the stomach. The surgeon did the reverse. As a result, fecal matter was retained in the intestines and the error was not discovered, despite a non functioning colostomy, for 15 days. The patient developed an infection that went untreated. He died 2 months after the initial surgery from infections that would not respond to antibiotics. He was in his 80s and he had non related metastatic cancer. The case settled before trial for $400,000.00
ROLLER BLADER, TRIP AND FALL, ON RAISED SIDEWALK, BRONX
Liability: The plaintiff was caused to fall on a raised sidewalk in front of a New York City Housing Authority building while she was rollerblading.
Damages: The client sustained a fractured wrist that required surgery.
Result: The case settled for $390,000.00 prior to trial.
DRUG TREATMENT FACILITY VIOLATES PATIENTS CONFIDENTIALITY
A Brooklyn woman went into a drug treatment facility voluntarily. The doctors fealt that her employer should know about her addiction because she worked with children. The treatment facility released information that identified the woman to their lawyers (they did not release her name). The lawyers for the facility included the indetifying information in papers that were filed in open court. The story was picked up and covered by several newspapers. The woman lost her job and her addiction and treatment became public information. The case settled for a substantial sum.
PATIENT INJURED WHEN SHE FELL OUT OF HOSPITAL BED
A Bronx Jury awarded $370,000 to a seventy (70) year old woman who was caused to fall out of a bed at a New York City Hospital when a nurse was trying to restrain her. The plaintiff was caused to fracture her hip and required surgery.
HANDYMAN INJURED WHILE WORKING
A Brooklyn Jury returned a verdict in favor of the plaintiff for injuries sustained to the nerves in his leg when he was caused to fall on a step that broke while he was working on a deck. He received $350,000.
BICYCLIST INJURED WHEN STRUCK BY CAR
A New York County awarded $350,000 to a bicyclist who was hit by a car. The plaintiff was caused to re-injure his shoulder and required surgery
MEDICAL MALPRACTICE, MANHATTAN
Liability: This 75 year old client went to the hospital because of constipation. She was supposed to, per her referring physician, have a disimpaction. Disimpaction is the physical removal of impacted stool. Instead of disimpaction the ER MD ordered an enema. During the enema the client said she was in a lot of pain but the nurse continued. The nurse administered 1000cc of fluid. She was discharged without an exam by the MD. After discharge she experienced severe bleeding. The client went back to the hospital and she was diagnosed with a perforated bowel.
Damages: Perforated bowel, surgery, colostomy for more than one year.
Result: $337,500.00, settled prior to trial
An electrician suffered a severe shock while working in a trough. He came in contact with exposed un-insulated wires. The electrician fell off a ladder. The case settled for $300,000.00 during trial.
MEDICAL MALPRACTICE, SHOULDER DYSTOCIA
During childbirth Pitocin was administered. The doctors and hospital staff failed to monitor the patient after Pitocin was given. The baby came down the birthing canal with rapid descent causing impaction of the shoulder also known as dystocia (pronounced dystochia). The baby suffered a brachial plexus injury with winging of the scapula. The case settled prior to trial for $300,000.00
CHILD INJURED AS A RESULT OF LEAD POISONING
A Bronx Jury awarded a child $300,000 for injuries received as a result of lead poisoning sustained in an apartment that had peeling and flaking paint. As a result of the lead poisoning, the child had problems in school and had to be placed in special classes.
SCALD BURN FROM SUDDEN BURST OF HOT WATER, BROOKLYN
Liability: An infant was being bathed in the sink. All of a sudden the water became excessively hot. She was immediately pulled from the sink. However due to the excessive water temperature she suffered 2nd degree burns over 8% of her total body surface area. There had been prior complaints about the water suddenly turning exceedingly hot.
Damages: Second Degree Burns 8% of the total body surface area. Skin graft surgery was performed as well as debridement. The child is left with significant visible scarring on her left side.
Result: $290,000.00 settlement before trial
TRIP AND FALL, DARK BASEMENT WIRE COILED ON FLOOR, SUFFOLK
Liability: The client was visiting her son’s home. She was doing laundry in the basement. The light in the laundry room was broken. She tripped on wires that were on the floor. She fell and broke her hip. The client brought a suit against her son.
Damages: Fractured hip with surgery. She developed an infection and endured several subsequent surgeries. The insurance company for her son went into liquidation. They were claiming that there was no coverage because of an exclusion preventing people who reside in the home from collecting under the policy.
Result: $285,000.00 settlement before trial
MEDICAL MALPRACTICE, FAILURE TO DIAGNOSE MEGA COLON, BROOKLYN
Liability: In this medical malpractice case the patient went into the hospital for surgical removal of hemorrhoids. Following the procedure the doctors failed to diagnose or treat signs/symptoms of a dilated mega colon filled with feces. The nursing staff had noted abdominal distension for 3 consecutive days. There had been a lack of bowel movements for 5 days despite intake of solid foods. The patient had a high white count and was complaining of abdominal pain. No abdominal radiographic studies were performed. The patient was discharge and died shortly thereafter.
Damages: Undiagnosed, untreated, dilated mega colon with abdominal pain leading to death
Result: $260,000.00 Settlement before trial
MEDICAL MALPRACTICE, PERFORATED COLON DURING COLONOSCOPY, QUEENS
Liability: This medical malpractice case was the result of a perforation that occurred during a colonoscopy. The 74 year old patient was not properly prepped prior to the colonoscopy. The patient should have been instructed to consume only a liquid diet for 24 hours prior to the procedure. The MD should confirm that the patient has followed the liquid diet regimen (this was not done). While perforation is a risk of the procedure, in this case, the location of the perforation, the extent of the perforation, the fact that there were 2 perforations and the size of the perforations were all indicative of malpractice. There was no documentation regarding a post procedure examination. Despite 2 post procedure phone calls to the MD who performed the procedure, there was a failure to appreciate the signs and symptoms of a perforation.
Damages: Perforation leading to internal bleeding, sepsis and death.
Result: $250,000.00 Settlement before trial
WOMAN TRIPS ON HOLE IN SIDEWALK
A woman tripped and fell due to a broken sidewalk. The City of New York settled the case before trial for $250,000.00. The client underwent multiple surgeries to repair her elbow.
SLIP AND FALL, ICE, BROOKLYN
Liability: The client slipped and fell while leaving a gas station convenience store. The client claimed that she fell on ice that accumulated from a dripping overhang. The defendant claimed that the accident happened at another location.
Damages: The client sustained a fracture to her leg that required surgery.
Result: The case settled at mediation for $225,000.00
TRIP AND FALL, SIDEWALK, MANHATTAN
Liability: The client was caused to fall, while leaving a doctor’s office, over a raised sidewalk flag. The client claimed the owner of the building; the doctor knew about the condition but failed to fix the defect.
Damages: Fracture to the client’s wrist requiring surgery.
Result: At trial the case settled for $225,000.00
CAR ACCIDENT, FAILURE TO OBEY STOP SIGN, SUFFOLK
Liability: The defendant disregarded a stop sign. Our client proceeded with the right of way and a collision occurred. The defendant was not insured. Fortunately the client had supplemental uninsured motorist coverage. Supplemental uninsured motorist coverage (SUM) costs pennies per day but they are pennies well spent. There are statistics indicating that almost 1 in 5 drivers are uninsured. SUM provides coverage in the event that you are involved in an accident and the other car is uninsured or leaves the scene of the accident (as well as other circumstances). You cannot purchase SUM coverage above your liability coverage. There are strict time frames within which you must make a claim for SUM coverage.
Damages: Soft tissue injuries to the neck, back and shoulder. A prolonged course of physical therapy ensued, cortisone injections were administered and surgery was recommended but never done.
Result: $200,000.00 binding uninsured motorist arbitration decision
CONSTRUCTION ACCIDENT, FALL FROM LADDER, ROCKLAND
Liability: The client was doing roofing work. While on a ladder, the ladder shifted and the client fell. The claim involved a failure to provide adequate and proper equipment and protection. The law requires proper safety devices be provided on all construction sites.
Damages: Severe displaced medial malleolar fracture of the ankle. Surgery with open reduction and internal fixation was necessary to reduce and secure the fracture. The injured worker was out of work for one year.
Result: $200,000.00 Settlement at mediation
ICE FLIES OFF TOP OF TRUCK GOES THROUGH WINDSHIELD
A passenger in a car was hit in the face by a sheet of ice that had come off the top of a moving truck and went through the windshield. The case settled for $200,000.00 before trial. She suffered a broken nose, scarring and exacerbation of a seizure condition.
CONSTRUCTION WORKER SLIPS ON WET STAIRS
A construction worker slipped on wet stairs while carrying a bucket of joint compound. He suffered a back injury. The case settled for $200,000.00.
CHILD STRUCK BY BUS WHILE RIDING BICYCLE
A settlement in the amount of $200,000 was obtained during trial for a 6 year old child who came out of a driveway on her bicycle and was hit by a bus. She sustained a fractured leg that required a closed reduction under general anesthesia.
SLIP AND FALL ON SNOW AND ICE, BROOKLYN
Liability: While walking on a sidewalk in front of a home in Brooklyn, a young man slipped and fell on ice. While at the scene, still on the ground, he took photos of the icy condition. The photos depicted ice covering the entire sidewalk. It was obvious that a path had not been shoveled, that ice melt had not been put down and that no efforts had been made to provide pedestrians with a safe means of walking.
Damages: The injured pedestrian suffered a severe bimalleolar fracture. The bimalleolar fracture required surgery involving the implantation of a plate and screws to reduce and secure the fracture.
Result: $175,000.00 Settlement, the case was resolved at a mediation.
CAR ACCIDENT, QUESTION OF WHO RAN THE RED LIGHT, BROOKLYN
Liability: The client was driving across an intersection when she was struck by a van that ran a red light. The defendant claimed that the client ran the red light.
Damages: The client sustained a fracture to her wrist that required surgery.
Result: The jury returned a verdict finding the defendant 60% responsible. The case settled for $170,000.00 after the jury returned the liability verdict.
TRIP AND FALL, DEFECT TRAIN PLATFORM, NASSAU
Liability: After getting off of a Long Island Road train, the plaintiff tripped and fell as a result of a defective expansion joint. The plaintiff claimed the LIRR knew or should have known about the defect.
Damages: The plaintiff sustained a fracture to her knee that required surgery.
Results: At trial the case settled for $170,000.00
TRIP AND FALL, RAISED ENTRY MAT, QUEENS
Liability: While walking into a store, the plaintiff tripped and fell over a raised rubber mat. Plaintiff claimed the store owner knew or should have known that this mat would overlap with another mat causing a tripping hazard.
Damages: The claimant sustained a fractured shoulder that required surgery.
Result: The case settled for $169,000.00 before jury selection.
TRIP AND FALL, LIFTED ENTRY MAT, RETAIL STORE
Liability: There were 2 mats placed at the entrance to a store. Where the edges of the 2 mats met one of the mats was raised/lifted/curled. The client tripped on the raised edge and fell. The defendants moved for summary judgment claiming that they did not have notice. We successfully defeated the motion and the case was scheduled for trial.
Damages: Fractured shoulder requiring surgical repair. The surgery performed was a total shoulder replacement. This was the client’s dominant arm. The client was in her 70s. She was retired.
Result: $169,000.00 Settlement before trial
TRIP AND FALL DEFECT NEW YORK CITY SIDEWALK, QUEENS
Liability: In this case the client tripped and fell on a broken sidewalk in New York City. The client was pushing a cart. The wheel of the cart came in contact with a raised piece of metal causing the client to trip and fall. The city had prior notice of the condition that caused the accident and the city failed to repair the condition
Damages: Fractured cheek bone. Surgery was performed to stabilize the fracture.
Result: $165,000.00 Settlement before trial
TRIP AND FALL WHILE EXITING BUS, BROOKLYN
Liability: The client exited a New York City Transit Authority bus in an area not designated as a bus stop. She did not know that the curb was broken. She stepped onto the broken curb and fell on her arm.
Damages: Fractured arm requiring surgery with open reduction and internal fixation.
Result: $165,000.00 settlement before trial
MED MAL, FAILURE TO PLACE PATIENT IN BED WITH ALARM, UPSTATE
Liability: The 90 year old client was hospitalized for replacement of her pacemaker. She was placed on heavy pain killers which caused some disorientation. An order was written for a bed with an alarm. The alarm would alert staff if the patient got out of bed. The alarm order was written because the patient had been assessed as a potential fall risk. She was initially placed in a bed with an alarm. She was later transferred to another room with a bed that did not have an alarm. She subsequently got out of bed and fell. The staff put her back in her bed. A family member noticed a bruise on her upper thigh and asked the staff what happened. The staff told her that she fell but it was nothing serious. The family member demanded that Xrays of the leg and hip be done. The Xrays revealed a broken hip. The defense claimed that bed alarms don’t stop falls.
Damages: Fractured hip with surgery. The patient died 6 months later.
Result: $150,000.00, Settlement before trial, Upstate Court
CAR ACCIDENT, QUESTION OF WHO RAN THE RED LIGHT, QUEENS
Liability: The client was driving across an intersection when a collision occurred with another car. Both cars claimed they had a green light and that even if they did not, the other car was driving too fast under the circumstances.
Damages: The client died as a result of the accident when after the collision he was ejected from his car, dying of a head injury. Defendant claimed that the client did not have on his seatbelt and he was responsible for his own death because he didn’t have his seatbelt on and that if he did have his seatbelt on he would not have been ejected from the car and would not have died.
Result: Case settled while the jury was deliberating for $150,000.00
FINGER AMPUTATED, CRUSHED BETWEEN MARBLE SLABS, MANHATTAN
Liability: The client and her husband were at a marble fabrication facility. They were brought to the outdoor storage area so they could see some of the available inventory. The salesperson asked the client and her husband to assist her in moving some marble slap remnants. The remnants were standing on edge and they were extremely heavy. The weight of the marble was too much and the sales person and client’s husband were unable to hold back the remnants. The slabs fell and the client could not get her finger out fast enough. The client’s fingertip was crushed and severed between the slabs.
Damages: Amputation of fingertip with plastic surgery and regenerative efforts. Finger was on dominant hand.
Result: $125,000.00 Settlement at mediation
TRIP AND FALL, WATER ON FLOOR AT TARGET, QUEENS
Liability: The client slipped and fell on water that was on the floor at a target store in Queens. The water was about 3 feet in diameter. There were foot prints and shopping cart tracks extending through the puddle. An employee was folding clothes 3 steps away from the water for 15 minutes. The employee denied seeing the water before the accident. There were more than 40 surveillance cameras but there were none covering the area where the accident took place. The incident report had a section asking for a description of the spill. The description was left blank. All employees were required to be on the lookout for spills. How long the water was on the floor or how the water got on the floor was unkown.
Damages: Meniscal tears. Arthroscopic knee surgery to repair tears. Defense claimed that knee condition was pre-existing
Result: $105,000.00 Settlement during trial.
ELEVATOR ACCIDENT, MISLEVELED, MANHATTAN
Liability: The client was exiting the elevator when she tripped and fell. The elevator was mis-leveled by several inches. There had been prior complaints about the elevator. The day of the accident the elevator repair company was servicing the elevator. Before the client took the elevator she asked the repairman if it was fixed and he said it was. Defendant denied notice of the misleveling condition.
Damages: Torn cartilage in the wrist with arthroscopic surgery.
CONSTRUCTION ACCIDENT, ELECTROCUTION, MANHATTAN
Liability: The client was using a welding machine. The building was under construction. Temporary electric service was provided by tying directly into the panel box (pig tails). Pig tails or extension cords dangled from the electrical service box. When the client plugged in the welding machine and explosion occurred and he was shocked. The force was so sever he was thrown to the ground.
Damages: Left shoulder rotator cuff tear with surgery recommended. Defendant claimed the condition was preexisting.
Result: $85,000.00 settlement before trial
Prior results do not guarantee a similar outcome.