Attoinese, Frank (Estate) v. Maier, Geroge and Margaret Maier

On March 15, 2012 a settlement of $250,000 was obtained for a 73-year-old retired man who, on November 23, 2010, was involved in an horrific automobile accident in Nassau County, Long Island that ultimately caused his untimely death on December 19, 2010. The family had originally obtained an attorney who failed to meaningfully pursue the matter for over nine (9) months, at which time the attorney was substituted. The Defendant driver attempted to claim she had a green light in her favor, but Elliot Taub, Esq., contacted several witnesses to the incident, including by way of home visits and attendance at a Department of Motor Vehicle hearing, thereby resulting in the Defendant’s violation of the Vehicle & Traffic Law and a suspension of the Defendant’s driver’s license. Through the course of the DMV hearing, it was determined that the Defendant driver had disregarded a red light and thereby caused the accident.

The settlement amount of $250,000 represented the full insurance policy limits available, with no excess coverage or underinsurance applicable. The Plaintiff had extended personal injury protection (PIP) coverage, which paid the decedent’s $160,000 hospital and medical bills. The no-fault insurance carrier commenced a subrogation action and sought recovery of these bills under the same $250,000 liability coverage available to the Estate under their personal injury / wrongful death claim. Elliot Taub, Esq. was able to establish that the wrongful death lawsuit was worth an amount substantially in excess of the subrogation action, resulting in the insurance company tendering the full $250,000 coverage on the personal injury / wrongful death action, and compelling the individually named Defendants to negotiate directly with the subrogation claimants to settle that separate claim from their own personal assets.

On February 26, 2018 a $275,000 settlement was reached in this accident between a bicyclist and motor vehicle owner/operator.

On October 1, 2014 Plaintiff, while riding his bicycle on the sidewalk proceeding through a crosswalk with the traffic signal in his favor. Defendant driver also proceeding westbound on Atlantic Ave. and parallel to Plaintiff, also had a green light, but nevertheless made a right turn to proceed northbound onto Vanderbilt Ave. without noticing Plaintiff on his bicycle.

As a result of the contact Plaintiff sustained a non-displaced fracture of the left acetabulum and iliac bones, superior and inferior pubic rami fracture, and non-displaced fracture of the right medial malleolus, none of which necessitated surgery.

On October 28, 2017 a settlement was reached in court before jury selection in the sum of $500,000.

On September 26, 2014 Plaintiff, a 43 year old male construction worker while working on a ladder installing window framing in a building under new construction lost his balance and fell outside the building two floors to the ground below. No proper safety equipment was furnished to protect this worker.

As a result, Plaintiff sustained fractures of the posterior 9th, medial 10th, 11th & 12th left ribs, abrasions and contusions of his left arm and leg, and head trauma claiming a brain injury despite the CT scan of his brain being normal.

On October 13, 2017 a settlement of $175,000 was reached in this slip and fall case.

On March 19, 2014 Plaintiff, a 36 year old male slipped and fell while exiting a bar in lower Manhattan. As he excited the bar on this rainy night after consuming several beers he slipped and fell in the entry/exit way which was composed of diamond-patterned metal plate partially covered by a rug. He claimed that the exposed portion of the metal plate was slippery when wet and thus the cause of his fall.

As a result of his fall, Plaintiff suffered proximal fibula and distal tibial diametaphyseal fractures requiring open reduction internal fixation.

On June 13, 2017 a $275,000 settlement was reached in a slip and fall case.

On February 2, 2015 Plaintiff, a 46 year old male, while walking his daughter home from school slipped and fell on an icy sidewalk which was covered by freshly fallen snow in front of Defendant’s residential home in Queens, NY. The ice under the snow had accumulated from a previous storm and refroze into ice only to be covered by freshly fallen snow.

As a result of the incident, Plaintiff sustained a complete full-thickness quadriceps tendon rupture necessitating left quadriceps repair with internal fixation of fiber wire into bone.

On May 25, 2017 a $400,000 settlement was reached against the City of New York for a 30 year old woman injured on the promenade alongside the FDR Drive at 72nd Street, New York, NY.

On July 22, 2015 Plaintiff, was rollerblading when her skate caught in a depressed area where there was a missing tile on the Promenade. Defendant’s records revealed that its Parks & Recreation supervisor had noted the defective condition several months before the incident, entered it as a written note in the City’s records, issued an order for an immediate repair, but as of the date of the accident no repair had been effectuated.

As a result of this incident Plaintiff sustained a comminuted fracture of her right distal tibia and fibula requiring open reduction internal fixation with the insertion of intramedullary nailing.

On June 7, 2017 settlement in the sum of $310,000 was reached on this slip and fall case.

On May 17, 2013 Plaintiff, a 24 year old female slipped and fell on water on the floor outside the first floor rest room in her residence on the upper west side of Manhattan.

As a result of this fall, Plaintiff sustained a laterally displaced oblique fracture of the right distal fibula with distal fragment displaced 2-3 mm requiring open reduction internal fixation.

On October 5, 2016 an $850,000 settlement was reached before Robert at Mediation.

On April 8, 2015 Plaintiff, a 42 year old construction worker was injured during the construction of a new building while installing the concrete stairs and landing sections. While a crane was hoisting the landing sections up to the third story where he was standing and swinging them for installation the delivery became erratic and began to swing uncontrollably. As a result Mr. Smith’s left arm became pinned between the construction material and the wall of the building causing his injuries. There were no protective safety devices and/or equipment in place or available to prevent the accident.

As a result of the incident Plaintiff sustained a radial shaft fracture with dislocation of the distal radioulnar joint requiring open reduction and internal fixation (ORIF) of a left midshaft radial fracture and arthroscopic repair of the triangular fibrocartilage complex to stabilize the distal radioulnar joint dislocation. He also sustained a partial tear of the posterior fibers of the supraspinatus tendon of his left shoulder, fixed flexion deformity of the fifth digit of his left hand requiring PIP joint contracture release surgery and avulsion fracture of the superior aspect of the distal clavicle.

On June 16, 2016 a $4,000,000 settlement was reached for a pedestrian struck by a motor vehicle.

On February 7, 2013 while Plaintiff, a 55 year old female was crossing 65th Street at 7th Avenue, Brooklyn, New York on her way to work, she was struck by a motor vehicle owner by a local auto dealership operated by one of its employees.

As a result of the incident Plaintiff sustained a tear of the lateral meniscus of the left knee requiring arthroscopic surgery and thereafter unicompartmental knee replacement, tibia plateau fracture requiring surgery, cervical spine radiculopathy with anterior cervical fusion and disectomies at C4-5 and C5-6, lumbosacral disc herniations and radiculopathy resulting in posterior lateral arthrodesis at L4-5 and L5-S1, bilateral laminectomy, foraminotomy and partial medial fascetomy at L3-4, L5-5 and L5-S1; complete medial facetectomy at right L4-5, application of intervertebral biomechanical device at L5-S1, use of morselized allograft for anterior lumbar interbody arthrodesis at L4-S1 and complete discectomy at L5-S1.

On May 5, 2016 a $385,000 settlement was reached before jury selection was to commence for a 44 year old male whose condition was misdiagnosed

On June 17, 2012 Plaintiff, with no known significant past medical history, experienced sharp groin pain while exercising on a treadmill. He presented to a hospital ER and advised of this pain, was examined but no x-rays were taken which Plaintiff’s expert orthopedic-surgeon claimed was a departure from accepted medical practice. Plaintiff was discharged from the ER the same date. Three days later he collapsed and underwent open reduction internal fixation for multiple fractures. Two years later he developed avascular necrosis necessitating a total hip replacement.

On March 14, 2016, a settlement of $225,000 was reached in this trip and fall case.

On May 24, 2014, Plaintiff, a 22 year old female, while walking home after frequenting a local bar where she has consumed several alcoholic beverages tripped and fell on a raised sidewalk flagstone in front of a private one family house in Baldwin, New York

As a result of the incident, Plaintiff sustained a trimalleolar fracture and dislocation of her right ankle necessitating open reduction internal fixation.

On December 18, 2015 a Nassau County jury rendered a verdict in favor of Plaintiff for $170,652.85 but after finding him 50% responsible reducing the award to $85,326.42.

On August 24, 2013 Plaintiff, a 57 year old male, while visiting his son’s single family home in Long Island tripped and fell over a plastic doll which had been left of a step while descending the stairs to the basement through the unguarded open side of the staircase, landing on the basement’s tiled floor.

As a result of his fall, Plaintiff sustained a comminuted intrarticular fracture of the left distal radius, ulnar styloid fracture, and left wrist dorsal triquetral fracture necessitating open reduction internal fixation and rotator cuff tear of the left shoulder.

On June 29, 2015 an $800,000 settlement in the Supreme Court, Bronx County for a 34 year old fuel delivery truck driver, who slipped and fell on ice as he walked toward the back of his truck in a bus depot in the Bronx.

Our client dislocated his right shoulder and tore his labrum necessitating surgery. A year later he first complained of pain to his neck and lower back, resulting in a laminectomy two years post accident. As a result of the injuries he claimed not to be able to return to work.

We sued the owners and operators of the bus depot. With substantial snowfall the day before our client was advised by the lot’s operator to postpone his visit one day. When he did return to the depot there were patches of ice throughout the parking lot.

On behalf of our client, we alleged that the lots’ owner and operator were negligent for failing to properly clear the subject parking lot of ice or alternately closing it until the dangerous area could be remedied, failing to provide him with an alternative spot, free of snow and ice in the lot/depot, to perform his tasks, and failing to spread sand in the subject area after he complained of the dangerous conditions in order to provide safety and better footing. The owner and operator claimed the lot was substantially cleared of snow and ice the day before and on the morning before the incident, so that it was in reasonably safe condition.

We worked with the worker’s compensation carrier to significantly reduce the lien of $215,000 to $111,000 paid.

On February 19, 2015 a $120,000 settlement for a 48 year old woman who slipped and fell on ice and snow negligently removed by the New York City Housing Authority.

On January 27, 2011 our client was walking home from the store to a public housing development where she lived. At the time agents of the New York City Housing Authority were clearing the remnants of another major snowstorm from the sidewalks surrounding the development using a small front-end loader commonly called a bobcat. The Housing Authority assigned only two employees to operate the bobcat – a driver and a spotter to avoid collisions with pedestrians. No additional personnel was in the area to assist with the clearing of snow and ice not removed by the bobcat. The Housing Authority previously cleared only a narrow path on the interior walkways of the development and as the bobcat cleared the snow from the sidewalks, the entrance to the path that led to Ms. David’s building became blocked by snow.

As our client attempted to negotiate the mound of snow blocking the path, she slipped and fell and tore her ACL. After four months of physical therapy, surgery was performed to repair her torn ACL. Throughout litigation, the Housing Authority denied any liability and refused to make any but the most meager offers.

On the eve of trial and after numerous delays by Defendants, the Housing Authority began meaningful negotiations due to our tireless efforts on behalf of our client and a settlement was reached for $120,000.

On September 17, 2014 a $272,500 settlement was reached for two clients involved in the accident.

On January 8, 2011, Plaintiffs, a 73 year old woman and her half sister, 69, were passengers in a cousin’s car returning to NYC from a funeral in Queens. Upon entering the Grand Central Parkway (GCP) at Francis Lewis Boulevard the host driver failed to observe the yield sign, never slowed down, and admitted not seeing the vehicle on the highway before contact occurred. The driver on the GCP proceeding at about 50 mph in the right lane saw the vehicle directly to his right trying to enter the highway, but did not slow down. The driver’s side of the host vehicle entering the highway was struck by the front of the vehicle proceeding in the right lane.

As a result of this accident one client sustained a left shoulder acromioclavicular joint dislocation necessitating surgery and fractures of the 6th and 7th ribs, which required no treatment. Our other client sustained a compression fracture of L2, which required rest and physical therapy.

The client with the left shoulder injury received $165,000 ($90,000 from the host vehicle and $75,000 from the other vehicle). The client with the back injury received $107,500 ($57,000 from the host vehicle and $50,000 from the other vehicle). Each vehicle had applicable limits of $100,000 per person.

On Sept 9, 2014 a $380,000 settlement was reached for our client, a 43 year old magazine executive, who was injured on May 31, 2013, while a passenger in a motor vehicle stuck in a massive traffic jam at Varick and Watts Street, near the entrance to the Holland Tunnel. Our client exited the vehicle to explore the reason for the delay. Upon ascertaining that motor vehicles were making illegal turns and blocking the box and with no NYC traffic officer present, he directed traffic in order to prevent vehicles from making illegal turns and thus alleviate congestion, while placing him in danger.

While some of his efforts were successful the defendant, believing Plaintiff to be a vagrant and fearing for his safety, refused to heed Plaintiff’s instructions and continued with his illegal turn. When Plaintiff realized that this driver was not turning back, he tried to extricate himself from the roadway. However, in doing so the driver inched forward and ran over plaintiff’s right ankle causing a displaced obliquely oriented fracture of the right medial malleolus and tibial plafond with displaced fragment necessitating surgery followed by physical therapy. Plaintiff was incapacitated from work for about six weeks.

On June 16, 2014 settlement of $175,000 was reached for our client who was injured on August 12, 2012 when he, a 70 year old retired man, was walking his dog on a leash on the sidewalk in front of residential premises in Oakland Gardens, Queens. He tripped and fell over a large tree limb laying on the properties’ front lawn which was allowed to extend over the sidewalk by some 6” to 8” and become a hazard and danger to passersby. This branch had fallen during a storm on July 9, 2012.

The City of New York was timely notified and an inspector from the City’s Parks and Recreation Department arrived within 24 hours, assessed the situation noting that this huge fallen branch blocked the sidewalk, but did not remove it. Instead he issued a work order and for a unit of the department with equipment to return.

With the limb continuing the impede traffic on the sidewalk, the following day the homeowner and a relative removed the limb by pulling onto the front lawn and cutting off the small branches. However, the end of the branch extended over the sidewalk and formed a trap, which caught Plaintiff’s leg as he was walking by causing his fall. Workers from the City’s Parks’ Department did not return until September 24, 2012 when they chopped down most of the tree and carted off the debris including this enormous branch. As a result of this incident, our client sustained a left proximal tibial plateau fracture, which required extensive physical therapy but no surgery.

Action was brought in US States District Court, Southern District of New York, based upon Diversity of Citizenship and assigned to District Court Judge George B. Daniels.

On August 10, 2013, a $500,000 settlement was obtained for our client who was then a 67 year old citizen of India visiting the US, who on 10/16/12 at approximately 11:00 a.m. was struck by a collapsing  portion of plywood fencing protecting the 2nd Ave. subway project on 2nd Ave. between 94th & 95th Streets, New York, NY.  This caused him to fall to the ground, with the fence falling directly on top of him.  Construction workers nearby responded to his cries for help, and the fencing was removed from on top of his body, while he remained lying on the ground conscious and in great pain.

As a result of this incident he sustained a left tibial plateau fracture requiring surgery (open reduction internal fixation and an anterior compartment fasciotomy on 10/19/12).  During the course of the hospitalization he developed an infection and complication of incisional erythema and was treated with antibiotics.  He also sustained soft tissue injuries of his neck, lower back, right shoulder, and right foot which were treated conservatively.  He necessitated about two months of physical therapy for his leg and other injuries.

His wife claimed loss of her husband’s services and companionship. She was a retired accountant at the time of this accident and sought no loss of earnings.  His medical bills paid by an accident med-pay policy he purchased before his trip amounted to approximately $83,000.

On August 10, 2013 and after a lawsuit had been commenced in Federal Court but before discovery was conducted a nonbinding mediation with former Supreme Court Justice Allen Hurkin-Torres of JAMS took place resulting in this settlement.  Plaintiff’s medical bills were paid by Coris USA and because they were not ERISA based, did not result in a lien.

On February 7, 2013, a $480,000 settlement was obtained for our client, who on 4/17/10 at approximately 10:00 p.m., then a 76 year old female, was descending the staircase in a relative’s building located at 451 East 116th Street, New York, NY after attending a dinner party, fell and was injured.

The subject stairwell contained absolutely no lighting fixture and the only illumination came from a ceiling light fixture from the hallway above as well as from the window in the staircase which overlooked a small courtyard. She claims not to have been able to see where she was stepping, missed a step when she reached the landing, which contained only a partial handrail, and fell down the staircase of about 12 steps.

Plaintiff’s expert architect inspected and tested the subject staircase simulating the same conditions as when the incident occurred, concluding that the owner and management violated particular sections of the NYC Building Code in their failure to provide proper illumination, failure to provide a proper handrail on the middle flight (landing) and failure to maintain safe premises.

As a result Plaintiff sustained an intertrochanteric fracture of the right femur requiring surgery (open reduction internal fixation). On February 7, 2013 and discovery had been completed and while waiting to commence trial, the case was settled for $480,000. Plaintiff’s medicals were covered by insurance and liens for Medicare and Medicaid totaled $4,753.67.

On January 30, 2013 Plaintiff’s, JOHN DOE (name withheld due to sensitive nature of the injury) personal injury lawsuit was settled for the full $100,000 applicable insurance policy. On 11/20/11 Plaintiff, while operating his motorcycle on Kent Ave. in Brooklyn where he had no traffic control device was injured when Defendant’s automobile after stopping for a posted stop sign on Wilson Street at its intersection with Kent Ave. proceeded into the intersection when it was unsafe to do so. Defendant claimed that a parked vehicle obstructed his view, an unacceptable legal excuse for proceeding into the intersection.

As a result of the accident, Plaintiff, a 29 year old male, suffered a contusion of his groin necessitating the surgical removal of testicle causing injuries both physically and emotionally. While the physical injuries healed rapidly, the psychological injuries including depression and anxiety have not abated. With psychotherapy Plaintiff has made tremendous progress toward recovery. His medical bills were made by no-fault coverage. The settlement was for pain and suffering.

On January 29, 2013, a $450,000 settlement was obtained for a pedestrian struck by a United States Post Office Vehicle. On 7/28/11 Plaintiff, a 28 year old NYC Department of Education high school guidance counselor, was struck by a United States Postal Service (USPS) truck while she was crossing 14th Street at its intersection with 2nd Avenue in Manhattan. She claimed the traffic light was in her favor.

Two women, employed as a physician’s assistant and registered nurse at a nearby hospital, on their way back from lunch, heard the impact but did not actually see the accident. They signed statements at the accident scene for the USPS investigator that Plaintiff admitted she was sorry as the accident was her fault for crossing against a red light. The truck’s driver claimed to be screened from seeing the Plaintiff by the bus in the lane to his right, inferring that Plaintiff darted out and walked into the side of the USPS truck.

Plaintiff sustained an open comminuted left patella fracture with a transverse open wound; patellar tendon avulsion of the interior pole of the patella; closed segmental right tibia-fibula fracture; and right lateral malleolus (ankle fracture). Treatment consisted of 7/28/11 irrigation & debridement of the patella fracture with open reduction internal fixation of the patella fracture, 7/31/11 intramedullary nail fixation of the closed segmental right tibia-fibula fracture, and physical therapy.

Plaintiff convalesced during her summer vacation when not attending physical therapy. She made an excellent recovery considering the extent of the injuries and returned to her position full time at the start of the school year in September 2011 without missing any time. At the Administrative level her claim was denied by the Postal Service in its entirety.

Upon the completion of discovery on 1/29/13 and before trial (bench trial without a jury) in this action under the Federal Torts Claims Act before the Honorable Colleen McMahon, USDC, SDNY the case was settled for $450,000 for pain and suffering. All medical bills were paid by Plaintiff’s no-fault carrier.

On 1/9/13 a settlement of $175,000 was reached before jury selection.

​On December 24, 2012, a $125,000 settlement was obtained on behalf of our client, a 58-year old woman who slipped and fell on an icy walkway near her residence. On February 17, 2010, she was heading to a job center in the search for employment, walked along the sidewalk at the corner of West 154th St. & Frederick Douglass Blvd., New York, New York, where she encountered a thin, invisible layer of ice formed over a portion of the sidewalk where attempts at snow removal were made.

The previous day, Tuesday, February 16, 2010, several inches of fresh snow had fallen on the ground, including the area where the subject sidewalk flagstones were located. Initial efforts made to clear a pathway caused, by the following morning of Wednesday, February 17, 2010, a thin, invisible layer of ice to form. She stepped onto the aforementioned thin invisible layer of ice, causing her foot to slip out, leading to her to falling and sustaining serious permanent personal injuries, including multiple traumatic left ankle fractures requiring open reduction surgery, followed by casting, lengthy disability, and physical therapy for eight months.

On November 3, 2011 a settlement of $1,050,000 was obtained for a 53-year-old female domestic worker who suffered a traumatic brain injury with memory loss and trimalleolar fracture necessitating open reduction internal fixation surgery.

On April 24, 2009, the pedestrian Plaintiff, while crossing Broadway at 164th Street in Manhattan with a green traffic signal in her favor was injured when a motor vehicle owned and operated by Defendant , traveling eastbound on 164th Street made a right turn, striking Plaintiff. Defendant was, at the time of the incident, employed by Defendant Tek Express, Inc., as a refrigeration technician, assigned to performing servicing repairs for commercial products on behalf of his employer at Columbia Presbyterian Hospital on West 168th Street.

Defendant, with company approval, used his vehicle to pick up equipment, materials, and tools at his employer’s place of business on the morning of the job and drove to Manhattan, parking on the street. As he had parked in a space subject to receiving a ticket for “alternate side” of the street parking restrictions after 11:00 a.m., he took a break from his job shortly before the accident to relocate his car to a legal spot before returning to work.

As Defendant was in the process of looking for another spot to park, the incident occurred. Both Defendants contended Plaintiff failed to keep a proper lookout, walked into the side of the vehicle, and deviated from the crosswalk. Defendant Tek Express further claimed that Plaintiff was not in the scope of his employment when the incident occurred. Defendant was insured by GEICO with policy limits of $100,000 and Defendant Tek Express, Inc. was insured by Nationwide Insurance with policy limits of $1,000,000.

August 23, 2011, a $175,000 settlement was reached on behalf of an 22-year-old Plaintiff who on 2/19/09 while attending a college basketball game at Madison Square Garden (“MSG”), was caused to trip and fall while descending a staircase in the stadium. The Defendants alleged that conditions within the stadium were open and obvious, and that the Plaintiff’s consumption of alcohol lead to her fall. However, Plaintiff was able to successfully contend that the painted edging of the step where she fell was worn, and the staircase lacked proper handrail(s), which was the subject of a nationwide recommendation (in 2008) followed by other arenas and stadiums, but not MSG.

February 4, 2011, a $400,000 settlement was reached on behalf of an 11-year-old pedestrian Plaintiff who was struck by a motor vehicle while crossing a Brooklyn intersection during his walk home from school. The settlement was successfully reached despite the Defendant motorist maintaining that the infant Plaintiff ran across the street without the right of way, and despite the fact that the infant healed well from his injuries over time. The settlement will be held in trust by the infant Plaintiff’s family until he reaches the age of majority.

On November 9, 2010, a $200,000 settlement was reached during private mediation on behalf of our client, a 26-year-old male who was injured while gratuitously attempting to repair a broken rear window on his friend’s motor vehicle. During the attempted repair, the Defendant, without warning, notice, or communication, used excessive force in closing the rear tailgate door Plaintiff was examining for the purpose of assessing how to conduct a possible repair. As a result of the unexpected and uncalled for physical force applied by the Defendant, the glass in the rear tailgate shattered into Plaintiff’s right eye, causing serious permanent personal injuries and necessitating several surgical procedures to correct.

On August 25, 2010 our client settled her action against the City of New York for$300,000. The action was commenced on behalf of her late husband, who, between September 22, 2006 and September 25, 2006, while incarcerated at the Eric M. Taylor Center, 10-10 Hazen Street, Rikers Island, Bronx, New York, was mistreated by Defendant’s staff and faculty. Said individuals, who were acting in their scope of employment as agents and employees of the City of New York, failed to place Plaintiff’s decedent into a medical unit to be treated for his hypertension, despite all relevant Court documents and instructions dictating that same must be done to preserve Plaintiff’s life. As a result, Plaintiff’s decedent suffered horrific pain and suffering and his ultimate demise after some three (3) days of being denied the proper medical treatment.

On June 10, 2010, a $325,000 settlement was reached during private mediation on behalf of our client, who, at age 63, on September 3, 2008, was struck by a school bus while crossing 21st Ave. at 79th Street, Queens, NY. The defendant bus driver, preoccupied with viewing traffic, failed to timely see Plaintiff in order to avoid contact and only applied his brake when the matron on the bus uttered a warning. As a result, our client sustained multiple fractured ribs, a fracture left clavicle, and small avulsion fracture of the right olecranon (elbow). Following her one day ER visit she was hospitalized a month later for a hemothorax (collapsed lung) which required drainage of left pleural effusion and thorascopic decortication. Plaintiff claimed that the residuals effect with her clavicle and ribs were permanent and that she may need surgery on her left shoulder.

On May 7, 2010 a $200,000 settlement was agreed upon on behalf of a then 22 year-old night club patron who was stabbed in the abdomen and nose by another patron at a popular Times Square night club on 10/29/02 where the Club’s security guards failed to detect and stop patrons carrying weapons, despite having metal detectors in place. One of the defendants in the action had filed for bankruptcy during litigation, thus staying the prosecution of the action for years. The settlement has been structured thus providing Plaintiff with upfront cash and periodic payments for the next 17 years.

On November 19, 2009 a $1.75 million settlement was reached for for our client who, at age 33, underwent an appendectomy on 3/31/06. Post caesarian section for birth of her twins in on 8/5/08, cancer was detected in her uterus. Investigation of pathology slides from the 3/31/06 visit revealed prior misdiagnosis of appendiceal mucinous cystadenoma with secondary diverticulum formation, requiring more extensive surgery and chemotherapy than would have been necessary had the proper diagnosis been timely rendered.

On June 6, 2009 a settlement of $600,000 was reached in for our client during mediation before mediator Peter Merani of Settlement System. Our client, a 44 year old police officer, sustained a torn meniscus, rotator cuff tear, and herniated disc all requiring surgery in a slip and fall accident at Ground Zero due to ice being allowed to accumulate on a temporary wooden inclined ramp, which caused ice to adhere to said surface despite diligent efforts to remove same and perform periodic inspections.

On June 5, 2009 our client settled her Federal Court action against the City of New York and former NYC police officers for $401,000 arising from a sexual assault on 11/20/05 after the two police stopped Plaintiff for an alleged traffic violation, followed her to her apartment, and then molested her. The City of NY denied responsibility claiming the acts were outside the scope of the officers’ authority and that the superiors in the NYPD had no prior knowledge of such actions by these officers. Proof adduced multiple acts of domestic violence involving both officers. One PO was convicted at a criminal trial and was sentenced to 4 years in jail.

On 11/20/08 a jury in the Supreme Court, Westchester County awarded $770,000 to a 49-year-old construction worker who was struck by a motor vehicle in a left only turning lane while attempting to go straight and in order to cut off the vehicle to his right. Despite the responding Police Officer quoting Plaintiff’s admission at the accident scene that Plaintiff crossed against the red traffic light and did not see Defendant’s car, the physical evidence established otherwise, namely, that the defendant lurched forward in an effort to cut off the vehicle to his right. Plaintiffs’ application for a Unified Trial in this 2nd Department case was granted based upon the Court finding that the proof to be offered regarding the cause of the injury was so intertwined with liability as to warrant a full trial of all issues. Plaintiff’s orthopedic-surgeon testified that the injury could only be caused by direct blunt trauma to the left lower leg consistent with contact with a bumper and not by simply falling to the ground. Plaintiff sustained a Grade III open fracture, which necessitated surgery. He made an excellent recovery after missing eight months of work.

On 10/10/08 $310,000 settlement of a 28-year-old delivery person riding in a designated bike lane in Manhattan struck by a passing van with a wide load. Defendants claimed that other vehicular traffic impeded Plaintiff’s path in the bicycle lane and that rather than stopping, he simply veered to his right thinking the van driver would do likewise. As a result Defendants claim that Plaintiff caused the contact between the two vehicles. As a result Plaintiff sustained compound transverse fractures of his left tibia and fibula necessitating surgery.

On 8/8/08 before National Arbitration and Mediation’s Mediator Michael McAllister a $725,000 settlement was reached for a 33-year-old carpenter who sustained a closed brain injury, fractured scapula necessitating arthroscopic surgery, and derangement of the cervical and lumbosacral spine. In the transporting of plywood at Defendant’s lumber site, its employee operating a forklift failed to secure the load of 15 pieces of plywood, which fell from the elevated fork striking Plaintiff. Defendant claimed Plaintiff positioned himself in the way of danger and failed to heed warnings. Defendant contested the head injury as all objective testing was normal.

On 6/19/08 $275,000 settlement of a 60 year old self-employed salesman who tripped over a raised metal sidewalk grating causing a fractured left humeral head necessitating surgery. Eyewitnesses identified the defect as existing for several years with prior falls having been witnessed. Defendant contended that Plaintiff slipped as he admittedly fell backwards and failed to look where he was going on this inclement weather day.

On 10/19/07 a $200,000 settlement was reached in a trip and fall case pending in the Supreme Court, Nassau County. Plaintiff, a 75 year old attempting a shortcut to enter Defendant’s Long Beach medical practice tripped and fell over a poorly designed entry where no handrail existed and an optical illusion gave the appearance of one level surface. As a result she sustained a fractured hip necessitating surgery.

On 7/17/07 a $175,000 Settlement was reached in the Supreme Court, Kings County before the Honorable Allen Hurkin-Torres for a 78-year-old pedestrian who tripped and fell on a cracked and uneven sidewalk. Plaintiff had sustained an intertrochanteric fracture of the right hip, which necessitated surgery. Prior thereto, Plaintiff was successful on appeal overturning a prior decision wherein Justice Solomon had dismissed the case on the basis that the defect was trivial and thus not actionable.

On 4/5/07 and after jury selection in the Supreme Court, Queens County the parties agreed to a $350,000 settlement for a 38-year-old laborer who fell from a ladder, placed on top of a scaffold, which collapsed. As a result Plaintiff sustained a comminuted fracture of the left femur necessitating surgery.

On 2/26/07 a $500,000 pre-trial settlement was reached after Plaintiff obtained partial summary judgment on liability under Labor Law §240(1), where Plaintiff, a 59-year-old laborer, while helping to dismantle a rooftop water tower was struck and knocked down by one of its falling metal bands. He sustained a partial tear of right rotator cuff necessitating surgery, multiple cervical herniated discs, and a concussion with post-concussion syndrome and memory disturbances.

On 12/21/06 a settlement was reached in the sum of $250,000 in the Supreme Court, Bronx County for a 38-year-old NYPD officer shot with his own pistol while the police department’s expert instructor was inspecting it during the required annual inspection. Plaintiff sustained a superficial leg wound, which required an emergency room visit and one follow up visit. He claimed psychological overlay from the event.

On 5/12/06 during Federal Court mediation a settlement agreement of $400,000 was reached. Plaintiff, a 22-year-old student at Kingsborough Community College while on a field trip in Dallas, Texas to present biology projects claimed to have been sexual touched in an inappropriate manner by the College’s professor. Publicity in the local media yielded other professors coming forward complaining of similar past acts, which the college alleged covered up. Plaintiff, uninjured physically, claimed psychological overlay with fears and anxiety caused by the event.

On 4/28/06 an $800,000 pre-trial settlement was reached after Plaintiff obtained partial summary judgment on liability under Labor Law §240(1), where Plaintiff, a 63-year-old laborer, while helping ironworkers secure a heavy I-beam on the roof of a residential three apartment building in Manhattan, stepped backwards and onto an unprotected skylight causing him to fall to the next level. He sustained a partial tear of the left rotator cuff; subacromial synovitis and bursitis necessitating that he under synovectomy, bursectomy, and acromioplasty, excision of CA ligament and shaving of the cuff during arthroscopic surgery; Internal and external jugular vein lacerations requiring surgical repair; Left wrist triangular fibro-cartilage tear; Cervical radiculopathy, Right elbow laceration; and extensive scarring and permanent cosmetic deformities of the neck, left shoulder, and left elbow.

On 1/11/06 a settlement was reached for Plaintiff, a 39-year-old laborer, in this Supreme Court, Putnam County for $1,150,000. Plaintiff fell from the roof of the premises under construction causing paraplegia. The primary issues, highly contested by Defendants, was whether the premises being constructed was anything more than a two-family dwelling and whether the owner participated to the extent that the Labor Law would apply.

On 12/20/05, $500,000 settlement for 60-year-old truck driver who sustain a partial tear in of the left rotator cuff and complete tear of the supraspinatus tendon with grade 2 tendon retraction in motor vehicle collision.

On 7/29/04, $6,500,000 settlement following mediation for the estate of a 44-year-old unemployed computer salesman, husband and father of three boys, ages 8, 11, and 16, arising from a pedestrian hit by vehicle. Decedent survived eleven days.

On 5/14/04, $800,000 at private mediation for 27-year-old undocumented immigrant laborer struck by a falling bucket being hoisted at a construction site performing the renovation of the exterior façade of a Broadway theatre. {laintiff sustained multiple facial fractures and a traumatic brain injury with anxiety and depression.

On March 4, 2004, $130,000 settlement in this Federal Court products liability case for a 46-year-old computer architectural designer, who sustained a partial tendon rupture of his middle digit of his right hand from a spring steel clip with flared ends and sharp corners attached to the vehicle’s seat track.

On 3/30/04, $300,000 settlement (full policy) for a crush injury of plaintiff’s right foot including fractures of the 3rd and 4th metatarsal bones and cuboid, medial dislocation of the tarsal bones, and ankle dislocation of 41-year-old laborer when the scaffold upon which he had constructed with a co-worker and was working collapsed. Prior to settlement, partial Summary Judgment on liability under Labor Law §240(1), granted on motion had been affirmed on appeal.

On 11/17/2003 during trial, settlement of $850,000 plus waiver of entire $120,000 workers’ compensation lien for this 34-year-old union taper who fell from a scaffold sustaining a comminuted fracture of his non-dominated humerus, requiring open reduction internal fixation and herniated disc of L4-5 with thecal-sac compression requiring a laminectomy. Back injury was undiagnosed until after a subsequent accident, which defendants claimed was unrelated.

On 6/19/2003, $1,400,000 settlement with waiver of $25,000 worker’s compensation lien after selection of a jury on a damages only trial for a 28-year-old undocumented immigrant construction worker who fell from a building sustaining a fractured hip necessitating open reduction internal fixation with the insertion of an intramedullary rod. Plaintiff refused to have the rod removed despite approval from the workers’ compensation carrier. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

On 6/3/2003, $399,000 settlement for a 33-year-old construction worker who fell from a Ladder thereby sustaining central L5-S1 disc herniation with mild thecal sac indentation, herniated cervical disc with cervical myofascitis and radiculopathy.

On 5/6/2003, $1,000,000 settlement and reduction of $67,086 lien to $11,273 for 37-year-old undocumented immigrant struck by a UPS truck claiming sudden brake failure, causing him to sustain a fractured femur with open reduction internal fixation with further surgery to remove one screw.

On 4/11/03, $1,250,000 settlement in the form of a structured settlement during jury selection for 12-year-old mildly retarded girl in medical malpractice lawsuit where mother’s pregnancy was post-mature due to failure to perform timely sonogram resulting in hypoxia during delivery. Defense claimed child had genetic defects, which caused her retardation, including cafe au lait spots on her back indicative of neurofibromatosis and severely deformed digits on both hands.

On 3/30/03, $600,000 settlement for a 52-year-old hairdresser who fell down a flight of stairs in her apartment building resulting in quadriplegia. She claimed the lighting was inadequate, despite there being an overhead skylight and the accident having occurred during daylight hours. Investigation and expert proof revealed that the stairways handrail was approximately 3/4″ lower than code, thus compelling plaintiff to lean in order to attempt to make contact with the banister. She died just before a settlement was reached.

On 3/5/2003, $850,000 settlement for 47-year-old illegal immigrant who fell from the roof of a two story building under construction sustaining a fracture and dislocation of the right humerus requiring open reduction internal fixation, fractures of the 11th and 12th posterior ribs; fractures of the L-1 through L-3 transverse process. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

On 10/23/02, $500,000 settlement for wrongful death of 47- year-old elementary school teacher in a medical malpractice lawsuit who died during an operation to remove an aneurysm from his brain.

On 10/16/2002, $437,500 settlement plus reduction of workers’ compensation lien from $118,000 to $59,000 for a 55-year-old sheet metal mechanic and AC installer who fell from a ladder while installing ceiling duct work sustaining a fracture of L2 vertebra with displacement of fragment not requiring surgery. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

On 5/17/02, $790,000 settlement during mediation at National Arbitration and Mediation for 30-year-old X-ray technician who was struck by a falling wall-hung cabinet in a mammography unit of a hospital where the cabinet had been improperly installed and where a similar incident (prior notice) had occurred in the adjoining treatment room to her supervisor, Suzanne Boles (who this office also successfully represented). Injuries sustained include reflex sympathetic dystrophy, chronic pain syndrome; fibromyalgia, herniated cervical disc at C4-5 with impingement; and post-traumatic stress disorder.

On 7/3/01, $950,000 settlement at jury selection for 37-year-old supervising mammographer who was struck by a falling wall-hung cabinet in a Mammography unit of a hospital where the cabinet had been improperly installed as per the architect’s specifications resulting in sacro-iliac instability which required a sacroiliac nerve block and ultimately a posterior Sacro-Iliac Joint fusion, Pelvic fractures (the inferior public area and interior aspect of the acetabulum) and fractures of the right hip, lumbosacral disc herniation at L4-5 with nerve root involvement. Aggravation of a congenital clubfoot making her spinal stimulator ineffective for therapy thus necessitating a regimen of pain killing injections as a substitute on a daily basis for life. Adjustment Disorder with Mixed Anxiety and Depressed Mood (309.28)

On 12/12/00, $300,000 settlement 52-year-old female who tripped and fell and loading dock due to an alleged height differential from one step to another causing fracture of the right triquetrum.

On 5/31/00, structured settlement with a present value of $2,500,000 resulting in total future payout of $5,000,000 ($1,496,022 upfront with remainder paid monthly increasing with period increments and lump sums every 5 years from 2005 until 2025) and waiver of approximate $250,000 workers’ compensation lien for 46-year-old undocumented immigrant laborer who fell from a roof under construction and sustained a linear skull fracture, fractured nasal bones, multiple fractures of the maxillary and frontal sinuses, bilateral fractured orbits, dislocation of the right radial head; transverse fracture of the right proximal ulna, Grade II comminuted fracture of the right elbow; fracture right distal radius; fracture rib. Plaintiff had open reduction internal fixation on both elbows. Partial Summary Judgment on liability under Labor Law §240(1) had previously been granted on motion.

On 4/17/00, $400,000 settlement for a 38-year-old pedestrian, who after consuming several bottles of beer was struck by a car while attempting to cross Sunrise Highway, no where near an intersection or designated cross area in Babylon, Long Island, sustaining an Open Grade III Tibia Shaft Fracture, Compartment Syndrome of the Right Tibia, Closed Left Tibia Shaft Fracture, Pelvis Fracture, Right Humeral Shaft Fracture, Right Radial Nerve Palsy, Non union of Right Tibia Shaft Fracture, Laceration of Liver with exploratory laparotomy, and significant permanent scarring of the legs, right arm, and abdomen.

On 3/3/2000, $350,000 settlement during jury selection for 43-year-old firefighter struck by collapsing tile ceiling in fire station’s gym due to alleged long standing leaks. Injuries sustained included L4-5 disc herniation with protrusion into the thecal sac, left shoulder impingement, and TMJ dysfunction. He was denied LOD (line of duty) retirement in his Article 78 proceeding with the Fire Department in an unrelated action. Defendant denied a defective condition existed and claimed that plaintiff had pre-existing degenerative conditions unrelated to trauma.

On 1/27/00, $600,000 settlement for 27-year-old laborer who fell from a scaffold. Defendant claimed the defense of recalcitrant worker, namely that plaintiff’s failure to cooperate and follow specific instructions was the cause of his accident. Plaintiff sustained multiple fractures of the left medial malleolus requiring open reduction external fixation; lumbar radiculopathy at L5-S1.

On 1/6/2000, $400,000 settlement during trial for a 32-year-old demolition worker who was struck by a collapsing wall at a construction site thereby sustaining an open left tibia-fibula fracture which necessitated open reduction internal fixation.

On 10/25/99, $1,300,000 settlement for a 25-year-old female employed as a waitress while attempting to pursue an acting career, injured when crossing a street and struck by a turning truck whose tire stopped on her foot causing traumatic right foot injury with multiple bone fractures and de-gloving of the dorsum of the right foot, necessitating multiple operations.

On 7/2/99, $295,000 settlement after jury selection for 72-year-old female who tripped and fell over hospital’s uneven sidewalk sustaining a comminuted fracture of the left proximal tibia, which necessitated open reduction internal fixation and fracture with dislocation of the right fibula.

On 4/19/99, $675,000 settlement for a 23-year-old college student and part-time assistant manager of a Carvel Ice Cream Bakery, while operating a go-cart was struck from behind by another go-cart propelling his vehicle into the only portion of the cement perimeter track wall not protected by rubber tires or other similar devices to absorb the impact, causing T-12 and L1 vertebral fractures necessitating a thoracotomy and anterior approach vertebral fusion of T12/11.

On 2/19/99, $375,000 settlement during jury selection for a 25-year-old passenger in a two-vehicle collision who sustained a tear of the medial meniscus of the left knee necessitating surgical repair of the meniscus and anterior cruciate ligament.

On 7/30/97, $350,000 settlement for 50-year-old female shopper struck by falling kitchen cabinet, sustaining fibromyalgia and cervical radiculopathy.

On 10/30/97, after jury selection $4,000,000 settlement with projected payout via structured settlement in excess of $12,000,000 and waiver of an approximate $300,000 lien for 25-year-old undocumented laborer struck by a falling an unsecured bucket during construction rendering him paraplegic.

On 1/31/95, $475,000 settlement for 30-year-old female personnel director of a security firm struck while crossing 42nd Street at Fifth Ave., New York, NY, by a van used by the 1992 Democratic National Convention Committee, causing a comminuted intra-articular tibial plateau fracture.

On 12/16/94, $485,000 jury verdict for 41-year-old Brazilian immigrant who fell from the roof of a two story building while disassembling a scaffold. Defendant claimed he failed to use the safety devices provided. Injuries consisted of bilateral fractures of the radial heads with the left (nondominant) being comminuted and excised during surgery.

On 12/16/94, $485,000 jury verdict for 41-year-old Brazilian immigrant who fell from the roof of a two story building while disassembling a scaffold. Defendant claimed he failed to use the safety devices provided. Injuries consisted of bilateral fractures of the radial heads with the left (nondominant) being comminuted and excised during surgery.

On 3/17/94, $1,675,000 settlement for 40-year-old oiler/utility assistant engineer of a tugboat under the Jones Act (Maritime Law) who was struck by a shifting towline when the vessel suddenly re-positioned causing herniated disc at L4-5 with lumbar laminectomy and Disectomy, fractured vertebrae L1-L5, and deep right flank laceration. He was supported by “maintenance and cure” during the pendency of the lawsuit, which sum was waived as part of the settlement.

On 1/25/94, settlement during trial of 54-year-old female pedestrian crossing against the traffic light struck by a motor vehicle while crossing West End Ave. at 83rd Street, New York, NY, sustaining compound fractures of the right tibia and fibula necessitating open reduction, internal fixation, bone grafting, and three additional surgeries.

On 6/15/93, a structured settlement was agreed upon during jury selection in the Supreme Court, Bronx County with present value of $950,000 plus the waiver of a $50,000 lien. Plaintiff, a 28-year-old ironworker, earning $47,000 annually, claimed permanent disability for an L5-S1 disc herniated with nerve root impingement as a result of being struck by a pile of wood improperly bound at a construction site.

Verdict on 10/4/93 in the Supreme Court, Queens County of $802,500 for a 39-year-old passenger, whose head struck a pole in the bus after being cut off by a phantom vehicle resulting is slight contact. The bus driver claimed that contact was incidental and that Plaintiff simply laid down on the bus’ floor following the incident in order to fabricate a case. Plaintiff claimed a closed head injury with psychological manifestations including visual and auditory hallucinations. However, none of the injuries could be confirmed by any objective tests.

Verdict on liability in the Supreme Court, Richmond County on 3/1/91 exclusively against Defendant D&D Wholesale Shrimp, Inc. for this multiple vehicle collision causing Plaintiff, a 36 year old passenger to sustain a herniated disc of L5-S1. Case was then settled for $137,500.

Verdict on 6/27/90 in the Supreme Court, Queens County of $1,500,000 reduced as excessive by the trial judge to $1,100,000 and subsequently reduced to $754,800 for 32% comparative negligence by the Plaintiff. Plaintiff, a 30-year-old bicyclist claimed to have been struck in the rear by Defendant’s motor vehicle, while Defendant claimed that the accident was head on caused by Plaintiff’s failure to stay by the side of the road. Plaintiff had a history of substance abuse. He sustained compound comminuted fractures of his left tibia and fibula, which were surgically repaired.

Verdict on 11/2/89 in the Supreme Court, Nassau County of $150,000 for a 43 year old patron of an auto body shop whose great toe was fractured and lacerated when a bumper carelessly placed by Defendant’s worker at its auto body shop fell onto his foot. The laceration was surgically repair only a slight imperfection and with a minimal resulting disability.

Verdict on 12/7/85 in the Supreme Court, Queens County of $350,000 reduced by the court as excessive to $250,000 for a 51 year old female pedestrian struck by defendant’s motor vehicle. The pedestrian sustained a comminuted fracture of the proximal ulna requiring surgery, resulting in an excellent recovery.

Verdict on 7/21/89 in the Supreme Court, Queens County finding the general contractor Defendant AMNA CONSTRUCTION CORP. 60% at fault for Plaintiff’s, a 37 year old foreman-plumber, fall through an unprotected floor opening where construction was ongoing resulting in a fractured calcaneus with lateral displacement requiring surgery. The case then settled for $400,000.

Verdict on 11/10/88 in the Supreme Court, Queens County of $2,706,400 for a 40 year old insulin dependent diabetic who necessitated a below the knee amputation after his treating podiatrist performed an Incision and Drainage of his infected foot and subsequently prescribed a contraindicated medication.

Verdict on 3/22/85 in the Supreme Court/Bronx County. Plaintiff’s decedent, an 82-year old patient hospitalized for a medical condition was awarded $101,000 after sustaining a fractured hip as a result of a fall when her feet became entangled with the nurse who was aiding her in ambulating.

Verdict on 3/22/85 in the Supreme Court/Bronx County. Plaintiff’s decedent, an 82-year old patient hospitalized for a medical condition was awarded $101,000 after sustaining a fractured hip as a result of a fall when her feet became entangled with the nurse who was aiding her in ambulating.