Top New York Settlements of 2012

Transcription

Top New York
Settlements
of
2012NYTopSettlements52.indd 1
2012
12/13/12 9:55:20 AM
SANOCKI NEWMAN & TURRET, LLP
225 Broadway, New York, NY 10007, (212) 962-1190
Largest Settlement in 2012 - Medical Malpractice/Negligence
$17.9 MILLION DOLLARS
Delay in treating kidney stone resulting in infection, sepsis, gangrene
requiring amputation of extremities
Drawing upon their 90+ years of
collective experience in the field of
medical malpractice, negligence and
products liability, Edward Sanocki,
Ira Newman and David Turret are
dedicated to providing effective and
personal advocacy to those who have
been injured.
Accepting referrals from the Bar.
Sanocki Newman & Turret, LLP concentrates in trial and appellate work
Medical Malpractice
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Birth trauma
Failure to diagnose cancer
Failure to diagnose/ treat medical condition
Cerebral Palsy
Erbs Palsy
Brain damage
Surgical errors and complications
Anesthesia malpractice
Personal Injuries
•
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Automobile accidents
Work related accidents
Labor law cases
Premises liability
Products Liability
Construction accidents
Nursing Home negligence
EMS negligence
Attorney Advertisement. Past results do not guarantee future outcome.
12/13/12 10:51:26 AM
2012
TOP SETTLEMENTS NY
Farrell McManus
PUBLISHERS LETTER
4
TOP 30 NEW YORK SETTLEMENTS IN 2012
6
TOP 10 NEW YORK CASE SUMMARIES IN 2012
8
TOP 2012 SETTLEMENTS BY CATEGORY
17
Associate Publisher, New York Law Journal
[email protected]
Advertising/Sponsorship Sales
Roseann Agostino
[email protected]
Richard Berger
[email protected]
Civil Rights & Employment
17
Peter Hano
Construction and Other Workplace Safety
19
Insurance
25
Intentional Torts
27
Malpractice
29
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Patty Martin
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[email protected]
For advertising information please call
Medical
31
Motor Vehicle
35
212.457.9465
VerdictSearch’s Top Settlements of 2012
is published by ALM,
Premises Liability
45
Product Liability
49
120 Broadway, New York, NY 10271
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7/25/12
VerdictSearch’s Top NY Settlements of 2012
9:54 AM
3
12/14/12 4:29:06 PM
2012
TOP SETTLEMENTS NY
Dear Readers,
Welcome to “Top Settlements New York 2012” Special Section, a supplement highlighting the year’s top settlements, arbitrations
and mediations in the state of New York. As many of you know, every April the NYLJ publishes it’s annual “Top Verdicts” Special
Report that includes verdicts as well as settlements. With court backlogs growing and clients often unable to wait four to seven years
for compensation, litigants and their counsel continue to search for alternatives. For this reason, we have decided to present to you
this special supplement with its unique focus on settlements.
Working with our ALM sister product VerdictSearch we have compiled this listing of all settlements, arbitrations and mediations
reported to VerdictSearch as of December 2012. Many of the cases in these listings represent the best of the best. In addition to
highlighting the Top 30 settlements reported to VerdictSearch in 2012 we also broke down these listings by categories including
Construction, Medical Malpractice, Premises Liability, Motor Vehicle and Workplace Safety.
The following pages represent the end result of the zealous advocacy and skillful expertise of your colleagues. The work of these
advocates was outstanding and we salute them.
If you do not see a case you worked on this year highlighted in the supplement, we encourage you to begin reporting your cases to
VerdictSearch. VerdictSearch is second to none when it comes to verdict and settlement research and reporting. For over 40 years,
VerdictSearch has been the nation’s trusted source for news and research, providing legal and insurance professionals with the most
accurate, detailed case reports each week. You can find them online at www.verdictsearch.com.
If you cannot wait until April 2013 for more information on verdicts and settlements, please remember that every Monday on page 5,
the New York Law Journal runs a special Verdicts & Settlements section in the paper highlighting recently important or newsworthy
cases.
Finally, I would like to extend a special thanks to the entire New York Law Journal sales, marketing and design team as well as our
consultant on this project, Brian Corrigan, and his team. Their efforts allowed this fantastic supplement to come together despite tight
deadlines and a lot of changes by yours truly.
As always, if you have any thoughts on this program or any other we run here at the New York Law Journal, please drop me a line.
I can be reached at [email protected].
I look forward to hearing from you, all the best in the upcoming year!
Warm regards,
4
12/14/12 4:29:10 PM
MEDIATED SETTLEMENTS
A SAMPLING OF CASES RESOLVED 2011-2012 IN OUR PERSONAL INJURY DIVISION
HEARING DATE
AMOUNT
2/4/2011 2,150,000
2/14/2011 2,500,000
2/28/2011 6,850,000
3/2/2011 3,000,000
3/3/2011 2,500,000
3/7/2011 8,250,000
3/16/2011 2,250,000
3/28/2011 2,000,000
3/31/2011 6,750,000
4/7/2011 11,800,000
4/28/2011 3,100,000
5/5/2011 2,700,000
5/16/2011 2,450,000
6/8/2011 3,250,000
6/10/2011 2,400,000
6/15/2011 2,400,000
6/21/2011 8,500,000
6/21/2011 2,200,000
7/6/2011 2,180,000
7/27/2011 4,250,000
7/27/2011 2,700,000
8/9/2011 6,000,000
8/19/2011 2,500,000
8/25/2011 4,100,000
9/1/2011 3,000,000
9/8/2011 2,350,000
HEARING DATE
AMOUNT
9/15/2011 2,100,000
9/20/2011 2,500,000
9/20/2011 2,050,000
9/27/2011 2,500,000
9/28/2011 3,900,000
9/28/2011 3,500,000
9/30/2011 3,000,000
9/30/2011 2,400,000
10/5/2011 2,250,000
10/10/2011 3,000,000
10/12/2011 2,500,000
10/18/2011 3,900,000
10/27/2011 5,000,000
10/27/2011 2,347,500
11/2/2011 4,000,000
11/21/2011 3,375,000
12/12/2011 3,150,000
1/3/2012 3,000,000
1/4/2012 2,000,000
1/4/2012 5,800,000
1/11/2012 3,900,000
1/12/2012 2,000,000
2/1/2012 17,900,000
2/7/2012 2,900,000
2/8/2012 3,000,000
2/8/2012 2,950,000
HEARING DATE
AMOUNT
2/13/2012 2,715,000
2/13/2012 2,750,000
2/21/2012 5,700,000
2/22/2012 3,250,000
2/28/2012 3,750,000
3/2/2012 2,100,000
3/20/2012 5,500,000
3/27/2012 2,500,000
3/30/2012 2,700,000
4/3/2012 2,250,000
4/4/2012 4,150,000
4/9/2012 2,950,000
4/16/2012 3,400,000
4/19/2012 15,550,000
4/26/2012 2,250,000
4/30/2012 3,300,000
5/4/2012 4,400,000
5/15/2012 4,250,000
5/17/2012 4,250,000
5/31/2012 2,500,000
5/31/2012 2,250,000
6/14/2012 3,250,000
6/15/2012 2,700,000
6/20/2012 11,000,000
6/22/2012 3,300,000
6/26/2012 3,750,000
HEARING DATE
AMOUNT
7/16/2012 5,900,000
7/17/2012 4,000,000
7/19/2012 2,800,000
7/24/2012 2,350,000
8/2/2012 2,000,000
8/2/2012 2,800,000
8/9/2012 2,000,000
8/10/2012 2,250,000
8/17/2012 2,000,000
8/22/2012 3,750,000
8/29/2012 5,000,000
9/10/2012 4,000,000
9/11/2012 2,000,000
9/12/2012 2,500,000
9/14/2012 2,933,333
9/28/2012 11,500,000
10/1/2012 2,800,000
10/2/2012 12,000,000
10/3/2012 4,700,000
10/22/2012 3,000,000
11/15/2012 2,925,000
11/16/2012 3,000,000
11/19/2012 5,350,000
11/27/2012 2,800,000
12/3/2012 2,000,000
In addition to administering a wide variety of cases, including complex commercial and employment matters for more than
50% of the Fortune 100 companies, NAM also settles a significant number of personal and catastrophic injury matters. In fact,
in 2011 alone, NAM’s personal injury division resolved more than $495 million dollars of such cases in New York State.
The Better Solution
®
122 East 42nd Street, Suite 803, New York, New York 10168
Additional Locations: Garden City, Brooklyn, Westchester and Buffalo
NAM_120612_NY-Law-Journal-Ad-MedSettle-121912.indd 1
(800) 358-2550
www.namadr.com
12/7/12 10:40:29 AM
12/14/12 4:29:14 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
1
In Re Novartis Wage
and Hour Litigation
8/10/12
U.S. District
Court, S.D.N.Y.
Pharmaceutical sales reps denied overtime
pay: Plaintiffs
David W. Sanford (lead), Katherine M. Kimpel, Deborah Marcuse
& Grant Morris of D.C. office & Jeremy Heisler, New York, NY of
Sanford Heisler, LLP
$99,000,000
2
Mullings v. Ibis Yarde
3/2/12
Kings Supreme
Failure to Treat: Kidney stone infection ends
with multiple amputations
Ira M. Newman (lead) & Edward J. Sanocki, Manhattan, NY
of Sanocki, Newman & Turret, L.L.P.; Sanford A. Rubenstein,
Brooklyn, NY of Rubenstein & Rynecki
$17,900,000
3
Jamindar v. Uniondale
Union Free School
District
5/10/12
Nassau Supreme
Labor Law: Worker suffers permanent loss of
legs' use after 30-foot fall
Larry J. Kramer & Joshua D. Pollack, Mineola, NY of Kramer &
Pollack, LLP
$15,000,000
4
Hagins v. Miller
10/3/12
Westchester
Supreme
Negligent Treatment: Tooth extraction
resulted in broken jaw, plaintiff claimed
Christopher B. Meagher, White Plains, NY of Meagher & Meagher,
P.C.; Merryl F. Weiner, White Plains, NY of Meagher & Meagher, P.C.
$7,663,260
5
Araujo v. Olin Corp.
6/1/12
U.S. District
Court, W.D.N.Y.
Labor Law: Defective scaffold caused fall,
brain injury, worker claimed
Kenneth J. Halperin & Philip A. Russotti, New York, NY of Wingate, Russotti, Shapiro and Halperin, LLP
$7,250,000
6
Russo v. Scheidt &
Bachmann USA Inc.
6/19/12
Orange Supreme
Pedestrian: Man hit by car during aftermath
of highway accident, lost leg
Scott E. Rynecki, Brooklyn, NY of Rubenstein & Rynecki
$7,000,000
7
Rivera v. Guzman
3/20/12
Nassau Supreme
Failure to Detect: Obstetrician, nurse
overlooked fetus's hypoxia, mother claimed
Danielle George, New York, NY of Levy Phillips & Konigsberg,
LLP (now at Phillips & Paolicelli, LLP, NYC)
$6,500,000
8
LaPera v. Gabrielli Truck 1/24/12
Sales Ltd.
Nassau Supreme
Products Liability: Design Defect: Worker
burned when truck spilled hot asphalt
David J. Dean, New York, NY of Sullivan Papain Block McGrath
& Cannavo PC
$6,000,000
9
Wlodkowski v. City of
New York
7/16/12
Bronx Supreme
Labor Law: Bricklayer claimed he hurt spine,
head in fall from ladder
Daniel P. O'Toole (lead) & Scott Occhiogrosso, New York, NY of
Block, O'Toole & Murphy, LLP
$5,900,000
10
Nielsen v. New York State
Dormitory Authority
2/21/12
New York
Supreme
Labor Law: Two-ton beam fell from crane,
struck ironworker
David H. Mayer & Kenneth Sacks, New York, NY of Sacks &
Sacks, LLP
$5,700,000
11
Cassidy v. HighRise
Hoisting & Scaffolding Inc.
2/1/12
New York
Supreme
Labor Law: Fall from platform ended career,
concrete specialist claimed
J.P. Delaney & Victor Greco, New York, NY of O'Dwyer &
Bernstien, L.L.P.
$5,600,000
12
Oo v. Prompt Apparel
Inc
2/15/12
Kings Supreme
Labor Law: Shocked worker fell 5 feet, sustained spinal fracture
Stanley A. Tomkiel, III, Scarsdale & Manhattan, NY of Tomkiel &
Tomkiel PC
$5,260,000
13
Gonchar v. Jimenez
1/17/12
Richmond
Supreme
Pedestrian: Plaintiff hit by truck, sustained
degloving injuries of lower body
Paul J. Edelstein & Daniel Thomas, New York, NY of The Edelsteins, Faegenburg & Brown LLP, New York, NY, trial counsel,
Boris Zivotov, Esq. P.C., Brooklyn, NY
$5,250,000
14
Burke v. Hilton Resorts
Corp.
3/7/12
New York
Supreme
Labor Law: Ironworker claimed 15-foot fall
through floor ended career
Sacks
$4,500,000
15
Dedndreaj v. A.B.C
Carpet
10/12/12
Bronx Supreme
Worker hit by falling pipe, claimed disabling
spinal injuries
Daniel P. O'Tool & Scott Occhiogrosso of Block O'Toole &
Murphy, LLP, New York, NY
$4,500,000
16
Blandina v. Turner
Construction
6/13/12
Kings Supreme
Labor Law: Plaintiff’s injuries cause by
inadequate safety devices and procedures
David H. Mayer (lead) & Kenneth Sacks, New York, NY of Sacks
& Sacks, LLP
$4,275,000
17
Kelmendi v. Brooklyn Navy
Yard Development Corp.
6/12/12
Kings Supreme
Labor Law: Fall into trench caused disabling
injuries, excavator claimed
Daniel P. O’Tool & Scott Occhiogrosso of Block O’Toole &
$4,275,000
18
Bookless v. Action
Carting
5/7/12
Putnam Supreme
Driver Fatigue: Highway crash blamed on
sleepy trucker
Richard S. Vecchio, White Plains, NY of Worby Groner Edelman,
LLP
$4,250,000
19
Tiabo v. Fire Systems
Inc.
7/17/12
Kings Supreme
Question of Lights: Motorist turned through
red light, caused crash, plaintiff claimed
Scott Occhiogross & Daniel P. O'Toole, New York, NY of Block
O'Toole & Murphy, LLP, New York, NY, trial counsel, Elliot
Ifraimoff & Associates, P.C., Forest Hills, NY
$4,000,000
20
Jackson v. Three Nickels, LLC
6/20/12
Kings Supreme
Defective shower burned tot, mother claimed
Jonathan S. Damashek, New York, NY of Hecht Kleeger &
Damashek, PC
$4,000,000
21
Singh v. BE Bronx Builders LLC
8/22/12
Bronx Supreme
Labor Law: Laborer struck by falling beam,
sustained severe ankle injury
S. Joseph Donahue (lead) & Jeffrey A. Block, New York, NY of
Block O'Toole & Murphy, LLP
$3,750,000
22
Pantoja v. City of New
York
6/3/12
Bronx Supreme
Labor Law: Scaffold accident ended career,
carpenter claimed
Paul Dansker & Douglas E. Hoffer, New York, NY of Dansker &
Aspromonte Associates
$3,500,000
23
Watson v. Pacific Vanderbilt
Development Co., LLC
10/1/12
Kings Supreme
Labor Law: Laborer claimed demolition site's
collapse ended his career
David H. Perecman, New York, NY of The Perecman Firm, PLLC
$3,400,000
24
Ritacco v. One Bryant
Park, LLC.
3/14/12
New York
Supreme
Labor Law: Marble setters claimed accident
caused permanent disabilities
Kenneth J. Halperin, New York, NY of Wingate, Russotti & Shapiro,
LLP
$3,300,000
25
Jacobs v. Nieto
4/30/12
Nassau Supreme
Center Line: Fatal car crash blamed on
drunken driver
Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP;
S. Joseph Donahue, New York, NY of Block, O'Toole & Murphy, LLP
$3,250,000
26
Reeves v. 1710 Broadway,
LLC
2/27/12
Queens Supreme
Icy conditions caused leak on stairway,
plaintiff claimed
Bryan J. Swerling, New York, NY; Aaron G. Baily, White Plains,
NY of The Law Office of Aaron G. Baily
$3,250,000
27
Aranda v. 34 East 30th
Street Corp
2/8/12
Queens Supreme
Labor Law: Fall from ladder caused brain injury,
worker claimed
Daniel P. O'Toole & Scott Occhiogrosso of Block, O'Toole & Murphy,
LLP
$3,000,000
28
Wright v. MTA Bus Co.
6/27/12
Queens Supreme
Bus: Plaintiff claimed she was snared by bus's doors
and dragged
Jay W. Dankner, New York, NY of Dankner, Milstein & Ruffo, P.C.; Robert
A. Flaster, P.C., New York, NY of Robert A. Flaster, Esq.
$3,000,000
6
1/2/13 4:16:11 PM
Sanford Heisler, LLP is a 30 attorney public interest law firm in
New York, Washington, D.C., and San Francisco, specializing in class action Title VII,
wage and hour and whistleblower litigation.
Sanford Heisler has recovered approximately 500 million dollars
for plaintiffs throughout the United States in the past 7 years.
www.sanfordheisler.com
Top Settlement in New York in 2012
Top Jury Verdict in New York in 2010
Best Employment Practice of the Year 2010 (Law 360)
“…biggest verdict ever awarded in an employment discrimination class action…”
(American Lawyer)
“…ruling was a game changer” (Wall Street Journal)
A national qui tam, whistleblower practice
12/14/12 4:29:26 PM
2012
TOP SETTLEMENTS NY
TOP 10 CASE SUMMARIES
No. 1
Pharmaceutical sales reps
denied overtime pay: Plaintiffs
Employment Law – Wage & Hour – Class Action
Settlement: $99,000,000
Case: In Re Novartis Wage and Hour
Litigation, No. No. 06-MD-1794
Court: United States District Court,
Southern District, New York
Judge: Paul Crotty
Date: 8/10/2012
also argued that certain members of the
Plaintiff class are exempt from the FLSA’s
overtime requirement because they qualify
as “highly compensated” employees.
Sanford A. Rubenstein, Rubenstein &
Rynecki, Brooklyn, NY
Edward J. Sanocki, Sanocki, Newman &
Turret, L.L.P., New York, NY
Injuries/Damages:
Plaintiffs claimed that there are entitled to
overtime pay under the Fair Labor Standards Act. The plaintiffs sought to recover
unpaid overtime wages.
Facts & Allegations:
On the evening of Sept. 13, 2008, plaintiff
Tabitha Mullings, a 32-year-old office manager, began feeling pain in her right abdomen and back. The following morning she
was taken to Brooklyn Hospital Center,
where doctors checked her vitals signs, including temperature and blood pressure.
She was diagnosed with a kidney stone. She
was given Percocet and discharge instructions to drink fluids and to come to the
hospital again if she developed a fever or
did not respond to the Percocet within 48
hours. She returned home and took medication in the early afternoon.
Norvartis contended that the plaintiffs were
not entitled to overtime pay because they
fall within the “outside sales” and “administrative” exemptions to both the federal
and state overtime requirements.
Plaintiff Attorney(s):
David W. Sanford (lead), Sanford Heisler,
LLP, Washington, DC
Jeremy Heisler, Sanford Heisler, LLP, New
York, NY
Katherine M. Kimpel, Sanford Heisler, LLP,
Washington, DC
Deborah Marcuse, Sanford Heisler, LLP,
Washington, D.C.
Grant Morris, Sanford Heisler, LLP, Washington, D.C.
More than 7,000 class action plaintiffs,
sales representatives at Norvartis Pharmaceuticals Corporation working in New
York and California, between 2000-2007,
claimed that they were denied overtime
pay under the federal Fair Labor Standards
Act(FLSA) and corresponding state wage
and hour laws.
Several employees sued Norvartis in 2006,
asserting collective claims under the FLSA
and class claims under the New York and
California Labor Law. In 2007, the cases
were consolidated into a class action.
Norvartis contended that the plaintiffs were
not entitled to overtime pay because they
fall within the “outside sales” and “administrative” exemptions to both the federal
and state overtime requirements. Norvartis
Result:
A federal district court judge granted final
approval to a $99 million settlement of a
nationwide wage and class action on overtime claims by more than 7,000 Novartis
Pharmaceuticals Corporation sales representatives.
No. 2
Kidney stone infection ends with
multiple amputations
Failure to Treat — Medical Malpractice —
Negligent Treatment — Medical Malpractice
Case: Tabitha Mullings v. Ibis Yarde, M.D.,
Benson Yeh, M.D., NYC Fire Department,
NYC EMS, NYC, Diana Giorgi, M.D.,
Olumide Osoba, M.D., Ahmar Butt, M.D.,
Dhanan Etwaru, M.D., and The Brooklyn
Hospital Center, No. 6162/2009
Court: Kings Supreme
Judge: Marsha L. Steinhardt
Date: 3/2/2012
Ira M. Newman (lead), Sanocki, Newman
& Turret, L.L.P., Manhattan, NY
She continued to feel pain and reported to
be shivering and cold, but hot to the touch
at about 3 a.m. Sept.15, 2008. At 4:30 a.m.
Mullings’s boyfriend called Emergency
Medical Services and told them Mulling’s
had previously been to Brooklyn Hospital
and diagnosed with a kidney stone. EMS
told the boyfriend to tell Mullings to not eat
or drink anything. Some twenty-five minutes later a Basic Life Support ambulance
arrived with an EMS crew. Mulling’s vitals
were taken again, and she was diagnosed
with a fever and Percocet withdrawal and
recommended to take Tylenol. She signed
a refusal of medical assistance (RMA) and
the EMS crew left at approximately 5 a.m.
At about 3 p.m. that day, Mullings called
EMS again and reported to have numb lips
and toes. She reported that she was undergoing Percocet withdrawal, and was told
she was likely having an allergic reaction.
An Advanced Life Support ambulance with
paramedics was sent to Mullings. Paramedics took her vitals, which were normal. She
reported that she thought she was in Percocet withdrawal and again signed an RMA,
and the paramedics left.
Mullings continued to report pain and at
about 5 p.m. on Sept. 15, 2008, her boyfriend took her to Brooklyn Hospital, where
she was found to be in septic shock.
The sepsis eventually caused a disseminated intravascular coagulopathy (DIC),
causing gangrene of her extremities and
necessitated doctors amputate all four of
Mulling’s extremities.
Mullings sued The Brooklyn Hospital Center, New York City Fire Department, New
York City Emergency Medical Services,
New York City, and her treating physicians,
Dr. IIbis Yarde, Dr. Benson Yeh, Dr. Diana
Giorgi, Dr. Olumide Osoba, Dr. Ahmar
Butt and Dr. Dhanan Etwaru, alleging that
the treatment by the hospital, doctors and
EMS crews was negligent and constituted
medical malpractice.
Giorgi, Osoba and Butts were discontinued
prior to jury selection.
Mullings contended that she should not
have been discharged from the hospital on
Sept. 14, 2008 without first determining
whether she had an infection.
Mullings contended that she should have
been transferred to the hospital after she
called EMS and that failure to do so resulted in her developing sepsis. She contended
that she reported to be in pain each time
EMS arrived, and told the crews about her
earlier diagnosis of a kidney stone. She further argued that she reported to be suffering from Percocet withdrawal only because
that’s how the first EMS crew diagnosed
her. She also contended that she had not
refused treatment, but was in pain and
confused and signed the RMAs because she
thought they acknowledged that EMS had
treated her.
-Continued on p10
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
29
Aquila v. Horizon House
Co. LLC
6/29/12
Queens Supreme
Repairs worsened dangerous stairway, plaintiff
claimed
Thomas J. Moverman, Alan M. Shapey and Marc E. Freund, New York, NY
of Lipsig, Shapey, Manus & Moverman, P.C.
$3,000,000
30
Picano v. Rockefeller
Center North Inc.
3/21/12
New York Supreme
Labor Law: Defendants: Plumber's injury not during
renovation work
Carmine A. Rubino, New York, NY of Kramer, Dillof, Livingston & Moore
$3,000,000
8
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1/2/13 4:16:01 PM
O’DWYER &
BERNSTIEN, LLP
CONGRATULATES
J.P. DELANEY
AND
VICTOR GRECO
ON THEIR
$5,600,000 SETTLEMENT
CASSIDY V. HIGHRISE HOISTING & SCAFFOLDING INC.
2/1/12 – NEW YORK SUPREME
LABOR LAW: FALL FROM PLATFORM ENDED CAREER, CONCRETE SPECIALIST CLAIMED
# 11 of the Top 30 NY Settlements of 2012!
#5 of the Construction Accident NY Settlements of 2012!
For over a century, O’Dwyer & Bernstien has been one of New York’s preeminent litigation firms, providing quality representation in the field of
Personal Injury Litigation, Labor Relations and Employee Benefits, and Administrative/Governmental law to thousands of clients comprised of
individuals, corporations, labor unions and governmental entities.
The firm brings significant expertise to its clients and maintains a high-quality “boutique” practice while carrying on the beliefs of Paul O’Dwyer and the
traditions of its other founders, William O’Dwyer, a former Mayor of the City of New York, and Oscar Bernstien.
In the years of serving the community, O’Dwyer & Bernstien has had its share of publicly renowned cases, including a number of pro bono cases
undertaken in the interest of justice. Today the firm’s lawyers and numerous support staff carry on in the tradition of its founders who championed the
causes and ideals of the underdogs, battled against social injustice, protected the liberty of the common man, and fought for civil and human rights.
The firm is located in the vicinity of City Hall, the Federal and State Courts and other governmental offices. The street on which the firm is located was
designated Paul O’Dwyer Way by the New York City Council and Mayor Rudolph Guiliani in recognition of the years of service that the founder of the firm,
Paul O’Dwyer, rendered to the people of the City of New York.
O’DWYER & BERNSTIEN, LLP
Paul O’Dwyer Way , 52 Duane Street New York, NY, 10007 | Tel: (800)-536-5688 | Tel: (212)-571-7100 | Fax: (212)-571-7124
[email protected] | www.odblaw.com
12/14/12 4:29:36 PM
2012
TOP SETTLEMENTS NY
-Continued from p8
Plaintiff also contended that the hospital failed to properly treat her when she
returned on Sept. 15, as doctors did not
install a stent. She argued the stent would
have alleviated the urine that caused the
infection by backing up in the ureter and
kidney as a result of the kidney stone.
Plaintiff’s counsel also contended that audio recordings of the EMS calls indicate
that both Mullings and her boyfriend report that she is in pain and that she was
previously diagnosed at the hospital with
a kidney stone.
The city contended that when the EMS
came, Mullings did not report to be in
pain, had normal vitals, refused treatment
and signed the RMAs. EMS also denied
saying that she was withdrawing from Percocet. EMS also contended that she never
told the first responders that she had taken
any Percocet.
The hospital contended that when she treated on Sept. 14, she was properly treated for
a kidney stone and properly told to return
to the hospital if she experienced fever or
did not respond to the pain medication.
The hospital further argued that when she
did return to the hospital she was already in
septic shock, and doctors properly treated
her with fluid replacement, antibiotics and
pressors, and transferred her to the Surgical
Intensive Care Unit in an attempt to elevate
her blood pressure and optimize her fluids.
The hospital further contended that they
were unable to install the stent immediately
because there was a high risk of death in doing any surgery, as she had respiratory, kidney failure, DIC and severe hypotension.
Plaintiff’s counsel also argued that the
hospital should have installed the stent,
because failing to do so also resulted in a
high risk of death.
Injuries/Damages:
gangrene; septic shock; amputation, hand;
amputation, foot; vision, partial loss of
Mullings came to Brooklyn Hospital on
Sept. 16 and was found to be in septic
shock. She was treated with presseors to
reestablish blood-flow to her extremities,
however she continued to develop escemia
in her extremities, and the eschemia progressed, causing decreased circulation and
eventually gangrene. On Oct. 24, 2008,
both of Mullings’s hands were amputated,
and six days later both of her feet were
amputated. She was fitted with prosthetic
hands and feet.
Emboli and neuropathies developed
during the septic shock that also led
10
Mullings to lose sight in her left eye and
sustain visual disturbance in her right eye.
Mullings contended that failure to treat the
kidney stone with a stent was a failure to
treat the infection, which allowed the sepsis to progress. She claimed that as a result
of the injuries sustained due to the infection, her family must provide her daily
assistance with all activities of daily living
and ambulating.
Mullings, who had earned some $30,000 a
year as an office manager, has not returned
to work following the amputations. She
sought recovery for past and future pain
and suffering, lost wages and medical costs.
Plaintiff’s counsel projected future medical care to cost between $20,000,000 and
$30,000,000.
Defendants planned to argue that her future medical care would be less expensive.
Result:
The parties agreed to settle the case with the
City covering $8.5 million, Brooklyn Hospital Center paying $5 million, Physician’s
Reciprocal Insurance paying $2.2 million
and Medical Liability Mutual Insurance
Company contributing $2.2 million.
Editor’s Note:
This report is based on information that
was provided by plaintiff’s and defense
counsels. Counsel for Dr. Yeh did not respond to the reporter’s phone calls.
No. 3
Worker suffers permanent loss of
legs’ use after 30-foot fall
ing a portion of the school’s auditorium,
and Jamindar’s duties involved the removal of ductwork that was suspended above
the auditorium’s floor. During the course
of that task, Jamindar fell off of the platform of a scissor lift. He plummeted some
30 feet, and he sustained an injury of his
back.
Jamindar sued the school; its operator, the
Uniondale Union Free School District;
the project’s managing contractors, Conor
Construction Consultants and Irwin Contracting Inc.; and the company that provided the scissor lift, Northgate Electric Corp.
Jamindar alleged that the defendants violated the New York State Labor Law.
Uniondale High School and the Uniondale Union Free School District impleaded
Jamindar’s employer, Herricks Mechanical Corp. Uniondale High School and the
Uniondale Union Free School District alleged that Herricks Mechanical controlled
and directed Jamindar’s work functions,
and they sought contractual indemnification. Indemnification was ultimately granted.
Irwin Contracting’s counsel contended that
his client did not control or supervise the
work that Jamindar performed. He moved
for dismissal of the claim against his client,
and the motion was granted. The matter
proceeded to a trial against the remaining
defendants, but Conor Construction Consultants was dismissed because its counsel established that the company and the
school district had not memorialized a
written contract.
Jamindar claimed that the lift fell when
it was struck by falling ductwork. He contended that the lift was not sufficiently
stable.
Construction Accident – Labor Law § 240 & § 241(6)
Case: Jigar Jamindar v. Uniondale Union
Free School District, Uniondale High
School, Irwon Contracting, Conor Construction Consultants, Northgage Electrical
Court: Nassau Supreme
Judge: Anthony L. Parga
Date: 5/10/2012
Larry J. Kramer; Kramer & Pollack, LLP;
Mineola, NY, Joshua D. Pollack; Kramer &
Pollack, LLP; Mineola, NY.
On Aug. 22, 2007, plaintiff Jigar Jamindar,
29, a laborer, worked at Uniondale High
School, which is located at 933 Goodrich
St., in Uniondale. Workers were demolish-
Jamindar’s counsel claimed that the incident stemmed from an elevation-related
hazard, as defined by Labor Law § 240(1),
and that Jamindar was not provided the
proper, safe equipment that is a requirement of the statute. They also claimed that
the site was not properly safeguarded, as
required by Labor Law § 241(6).
Herricks Mechanical’s counsel contended
that the accident was solely a result of an
inadequate lift having been provided.
Northgate Electric’s counsel contended that
Jamindar had not been authorized to use
the lift.
Injuries/Damages:
Jamindar sustained a fracture of his sacrum. After five weeks had passed, the fracture was addressed via open reduction and
internal fixation. Jamindar also underwent
several years of physical therapy.
On March 17, 2010, Jamindar underwent
surgical removal of some of his fixation
hardware. The procedure also included the
reconstruction of scarred areas. During the
procedure, he sustained a spinal injury that
caused a leak of cerebrospinal fluid. The
leak necessitated a pair of follow-up surgeries that were performed during the ensuing
two weeks.
In September 2010, Jamindar underwent
surgical correction of residual scars. A residual hematoma necessitated another
surgery, which was performed in October
2010.
Jamindar claimed that he suffers total residual numbness of his feet and each leg’s
calf, near-total numbness of each leg’s hamstring, a severe reduction of his legs’ utility
and range of motion, incontinence, and a
total loss of sexual function. He contended
that he cannot resume any type of work.
Jamindar sought recovery of his past and
future medical expenses, his past and future lost earnings, and damages for his past
and future pain and suffering.
Defense counsel contended that Jamindar
can perform some type of work.
Result:
During the trial, the parties negotiated a
settlement. Herricks Mechanical’s primary
insurer tendered its policy, which provided
$1 million of coverage; Herricks Mechanical’s excess insurer agreed to pay $8.5 million, from a policy that provided $10
million of coverage; Northgate Electric’s
primary insurer tendered its policy, which
provided $1 million of coverage; and
Northgate Electric’s excess insurer agreed to
pay $4.5 million, from a policy that provided $10 million of coverage. Thus, the
settlement totaled $15 million.
Editor’s Note:
This report is based on information that was
provided by plaintiffs’ counsel and counsel
of Conor Construction Consultants, Herricks Mechanical, Uniondale High School
and the Uniondale Union Free School
District. Northgate Electric’s counsel did
not respond to the reporter’s phone calls.
Irwin Contracting’s counsel was not asked
to contribute.
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12/14/12 4:29:42 PM
New York Office - 380 Madison Avenue - 24th Floor New York, NY 10017 | (212) 388-5100 | (646) 581-9222 (Direct) | (212) 388-5200 (Fax)
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[email protected] | www.p2law.com
7TH HIGHEST RECOVERY, 3RD HIGHEST RECOVERY IN ITS CATEGORY
(MEDICAL MALPRACTICE)
RIVERA v. GUZMAN, $6.5 million (Supreme Court, Nassau County, April 2012)
We have long specialized in representing children born with severe birth defects, early childhood cancers and perinatal
injuries. Cases involving toxic exposures in parental workplaces or environmental exposures producing severe injuries
are unusually challenging and require counsel who has an appreciation of both cutting edge science and the latest legal
developments. The lawyers at Phillips & Paolicelli, LLP have pioneered in this field and have a long record of groundbreaking verdicts, settlements and judgments in sums sufficient to provide lifetime security and dignity to these children
and their suffering families. Our catastrophically injured clients also include victims of medical malpractice, defective
products and other complex torts.
We are honored to have the work of partner Danielle George recognized by the New York Law Journal for the 7th
highest recovery in 2012 (the 3rd highest in the medical malpractice category) for birth injuries and cerebral palsy
caused by negligent obstetrical care during the prenatal period, as well as the labor and delivery. Rivera v. Guzman $6.5
million Supreme Court, Nassau County, April 2012. Another notable birth injury recovery in 2012 is that of partner Dan
Woodard, who obtained a $1.2 million settlement in a medical malpractice case involving a young girl who suffered Erb’s
Palsy without brain injury as a result of negligent medical treatment rendered to her mother prenatally and at the time of
delivery. Myrie v. New York City Health and Hospitals Corporation, Supreme Court Bronx County, Index No. 14855/06.
We are proud to provide excellent and compassionate advocacy for the catastrophically injured.
12/14/12 4:29:50 PM
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No. 4
Dentists broke jaw, damaged nerve,
patient alleged
Medical Malpractice — Negligent Treatment — Informed
Consent — Oral Surgery— Dentist —Oral Surgeon
Verdict(P): $7,663,260
Net: $2,600,000
Case: Harold Hagins v. Michael C. Miller
and William Moody, No. 215/2011
Court: Westchester Supreme
Judge: Orazio R. Bellantoni
Date: 10/3/2012
the dentists shared liability. Hagins claimed
that the dentists did not disclose that an extraction could have caused damage of his
jaw or a nerve. As such, plaintiff’s counsel
contended that Miller and Moody did not
obtain informed consent to the procedures
that they performed.
Miller contended that any damage was a result of Moody’s attempted removal of Hagins’ problematic tooth. Moody contended
that he did not detect any damage of Hagins’ jaw or nerves.
Injuries/Damages:
fracture, mandible; fracture, jaw; nerve
damage, lingual nerve; nerve damage,
trigeminal nerve; face; numbness
Christopher B. Meagher, Meagher & Meagher, P.C., White Plains, NY
Merryl F. Weiner, Meagher & Meagher, P.C.,
White Plains, NY
Hagins sustained a fracture of his mandible, damage of his lingual nerve and damage of his trigeminal nerve. He developed
numbness of his face.
On Feb. 2, 2003, plaintiff Harold Hagins,
42, a hydrogeologist, underwent extraction
of the crown of a painful tooth. The procedure should have involved the extraction
of the entire tooth, but the dentist, Dr. William Moody, could not extract the lower
portion of the tooth.
In February 2003, Hagins underwent surgical repair of the fracture of his mandible.
The procedure included the application of
wire that prevented any movement of his
jaw. After several months had passed, he
underwent two procedures that involved
the implantation of a motor that stimulates his nerves.
After several hours had passed, Hagins presented to White Plains Hospital, in White
Plains. He underwent an MRI scan of his
jaw, and he was transferred to Westchester
Medical Center, in Valhalla. After four days
of observation and treatment, Hagins underwent extraction of the remaining portion of his problematic tooth. The procedure was performed by Dr. Michael Miller.
Hagins was discharged during the ensuing
day.
Hagins claimed that his jaw remains painful, and he contended that the implanted
motor limits his performance of certain
activities. He contended that he cannot resume work, and he claimed that his unemployment caused a loss of medical benefits.
He also contended that additional medical
treatment is necessary.
Hagins subsequently developed an intensely painful condition of his jaw. After four
weeks had passed, a dentist determined
that Hagins was suffering a fracture of his
mandible, a transection of his lingual nerve
and damage of his face’s trigeminal nerve.
Hagins claimed that the injuries were a
result of the procedures that Miller and
Moody performed.
Hagins sued Miller and Moody. He alleged
that the doctors failed to render proper
treatment, that they failed to obtain informed consent to the treatment that they
rendered and that their failures constituted
malpractice.
Plaintiff’s counsel claimed that Miller and
Moody performed improper and overly
forceful maneuvers that damaged Hagins’
jaw and lingual nerve. They contended that
12
Hagins sought recovery of past and future
medical expenses, past and future lost earnings, and damages for past and future pain
and suffering.
Defense counsel contended that Hagins
can work.
Hagins and Miller negotiated a high/low
stipulation: Miller’s monetary obligation
could not exceed $1.6 million, but it had
to equal or exceed $450,000.
Result:
During the trial, Hagins and Moody negotiated a settlement. Moody’s insurer agreed
to pay $1 million. The jury found that
Miller and Moody departed from accepted
standards of medical care, that each failed
to obtain informed consent to the procedures that he performed, and that Miller
and Moody were equally liable for Hagins’
injuries. The jury determined that Hagins’
damages totaled $7,663,260. Miller must
pay his stipulated obligation: $1.6 million.
Editor’s Note:
was provided by plaintiff’s counsel and
Miller’s counsel. Moody’s counsel did not
respond to the reporter’s phone calls.
No. 5
Defective scaffold caused fall, brain
injury, worker claimed
Worker/Workplace Negligence — Negligent Assembly or
Installation — Fall from Height
Case: Araujo v. Olin Corp. and Thyssenkrupp Safway, Inc., No. 08 CV 0936
Court: U.S. District Court, Western District
Judge: William Skretny
Date: 6/1/2012
Kenneth J. Halperin, Wingate, Russotti,
Shapiro and Halperin, LLP, New York, NY
Philip A. Russotti, Wingate, Russotti,
Shapiro and Halperin, LLP, New York, NY
On Oct. 21, 2008, plaintiff Fernando Araujo, a union-affiliated painter in his 40s,
worked at a chemical-storage facility that
was located at 2400 Buffalo Ave., in the city
of Niagara Falls. Araujo was painting a large
chemical tank, and the work necessitated
his use of a 24-foot-tall scaffold. Araujo fell
while he was ascending the attached ladder
that provided access to the scaffold’s platform. He plummeted about 12 feet, and
he claimed that he sustained injuries of his
head and a hip.
Araujo sued the premises’ owner, Olin
Corp., and a contractor that had erected the
scaffold, Thyssenkrupp Safway Inc. Araujo
alleged that the defendants violated the
New York State Labor Law.
Araujo claimed that the ladder swung and
tossed him while he was ascending it. He
contended that the ladder and scaffold were
not properly constructed. He also contended that he had not been provided a harness
of any other safety device that could have
prevented his fall or his injuries.
Araujo’s counsel claimed that the incident
stemmed from an elevation-related hazard,
as defined by Labor Law § 240(1), and that
Araujo was not provided the proper, safe
equipment that is a requirement of the statute. They also claimed that the site was not
properly safeguarded, as required by Labor
Law § 241(6), and that the defendants violated the general safety requirements of Labor Law § 200.
Defense counsel contended that Labor Law
§§ 240(1) and 241(6) are not applicable to
incidents that occur during routine maintenance or work that does not involve a significant alteration of a building, and they
contended that Araujo’s work was a matter
of routine maintenance.
Thyssenkrupp Safway’s counsel contended
that the scaffold was constructed according
to Olin’s specifications. He also contended
that it was properly constructed.
Injuries/Damages:
head; anxiety; depression; cognition, impairment; memory, impairment; concentration, impairment; brain damage; hip;
labrum, tear (hip); speech/language, impairment of Araujo was placed in an ambulance, and he was transported to Buffalo
General Medical Center, in Buffalo. He reported that he sustained an injury of his
head. He underwent about seven days of
treatment and observation.
Araujo ultimately claimed that he sustained
an injury of his brain’s frontal lobe, with
associated displacement of the optic nerve.
He also claimed that he sustained a tear of
one hip’s labrum.
Araujo contended that his head’s injury
resulted in impairment of cognitive functions that include his concentration, his
information-processing skills, his memory
and his verbal fluency. He also contended
that he suffered anxiety and depression. He
underwent neuropsychological counseling,
but he claimed that his symptoms persist.
He claimed that he requires a residential
assistant for three hours a day, and he contended that, by the time he reaches the age
of 65, he will require an assistant during
all waking hours. He also contended that
he will have to undergo replacement of his
damaged hip.
Araujo further claimed that he cannot resume his job or most other forms of manual
labor, and he contended that he will not be
able to procure work that pays more than
the minimum wage. He sought recovery
of about $8 million for his future medical
expenses, about $2.4 million for his future
lost earnings, and unspecified damages for
his past and future pain and suffering.
Result:
Defense counsel moved for summary judgment. During pendency of the motion,
the parties negotiated a settlement, which
12/14/12 4:31:18 PM
2012
TOP SETTLEMENTS NY
was finalized via the guidance of mediator Douglas Coppola, of The Law Offices
of Douglas Coppola, in Buffalo. The
defendants agreed to pay a total of
$7.25 million.
Editor’s Note:
This report is based on information
that was provided by plaintiff’s counsel.
Defense counsel did not respond to the
reporter’s phone calls.
No. 6
Man hit by car during aftermath of
highway accident, lost leg
Motor Vehicle - Pedestrian
Case: Joseph V. & Jennifer Russo v. Scheidt
& Bachmann USA, Inc. & Angelo Zuardo,
No. 10733/10
Court: Orange Supreme
Judge: Robert A. Onofry
Date: 6/9/2012
Scott E. Rynecki, Rubenstein & Rynecki,
Brooklyn, NY
On June 29, 2010, plaintiff Joseph Russo,
35, a servicer of air-conditioning, heating
and ventilation systems, was driving on the
northbound side of the New England Thruway, near its interchange at North Avenue,
in New Rochelle. Russo’s vehicle collided
with another northbound vehicle. Russo
stopped in the left northbound lane, exited
his vehicle and began to speak to the other
motorist. One of the damaged vehicles was
struck by a vehicle that was being driven by
Angelo Zuardo. The vehicle was propelled
forward, and it struck Russo and two other people. Russo sustained injuries of his
back, a hip, a knee, a leg and several ribs.
Russo sued Zuardo and the owner of Zuardo’s vehicle, Scheidt & Bachman USA Inc.
Russo alleged that Zuardo was negligent in
the operation of his vehicle. Russo further
alleged that Scheidt & Bachman was vicariously liable for Zuardo’s actions.
Russo claimed that Zuardo failed to exercise due caution.
Zuardo contended that the accident was
unavoidable. He claimed that the collision
occurred a moment after his vehicle’s rear
end had been struck by a trailing vehicle
and pushed forward.
Injuries/Damages:
fracture, femur; fracture, tibial plateau; soft
tissue; fracture, transverse process; fracture,
rib; fracture, hip; knee; amputation, leg
(above the knee); prosthesis; fracture, leg;
fracture, L2; fracture, L3; neuroma; physical
therapy; psychiatric; phantom pain.
No. 7
Russo sustained catastrophic injuries of his
right leg, including a near-total amputation
of the upper portion of the leg; a fracture
of the femur’s head, which is a lower component of the hip’s joint; a fracture of the
tibial plateau, which is a lower component
of the knee’s joint; and severe damage of
soft tissue. He also sustained fractures of
the transverse processes of his L2 and L3
vertebrae and fractures of several ribs.
Case: Zoe Cargill an Infant by Her Mother
and Natural Guardian, Tieisha Rivera, and
Tieisha Rivera, Individually v. Francine
Guzman M.D. Pollack Barbaccia & Guzman, M.D., P.C., Frank L. Sun, M.D., Mariana Burger, R.N., and Mercy Medical Center, No. 19895/08
Judge: None reported
Date: 3/20/2012
Russo was placed in an ambulance, and
he was transported to Sound Shore Medical Center, in New Rochelle. Doctors were
not able to repair his right leg, so an abovethe-knee amputation was performed. His
hospitalization lasted about 14 days, and it
was followed by about 21 days of inpatient
rehabilitation.
In December 2010, Russo underwent the
application of a prosthetic leg. In December 2011, he underwent surgery that
addressed a neuroma of the remaining
natural portion of his right leg. His spinal fractures were addressed via physical
therapy. He also underwent psychiatric
counseling that addressed the trauma associated with his amputation, and he undergoes physical therapy to improve his
right leg’s functionality.
Russo claimed that he experiences “phantom” pain that seemingly stems from the
missing portion of his right leg. He contended that he requires constant use of a
cane and that he cannot resume work.
Russo sought recovery of his past and future medical expenses, past and future lost
earnings, and damages for his past and future pain and suffering.
Defense counsel contended that Russo can
resume work and most aspects of a normal
life.
Result:
The parties negotiated a pretrial settlement.
The defendants’ insurer agreed to pay $7
million.
Editor’s Note:
was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.
Obstetrician, nurse overlooked
fetus’s hypoxia, mother claimed
Medical Malpractice — OB-GYN - Failure to Monitor &
Detect – Childbirth – Brain Injuries – Cerebral Palsy
Danielle George, New York, NY of Levy
Phillips & Konigsberg, LLP (now at Phillips
& Paolicelli, LLP, NYC)
On May 4, 2006, plaintiff Zoe Cargill was
born. The delivery was performed by obstetrician Dr. Francine Guzman, at Mercy
Medical Center, in Rockville Centre. Guzman was assisted by a neonatologist, Dr.
Frank Sun. Doctors subsequently determined that Zoe suffers cerebral palsy. Zoe’s
mother, Tieisha Rivera, claimed that the
condition is a result of an injury that occurred during Zoe’s delivery.
Rivera, acting individually and as Zoe’s parent and natural guardian, sued Guzman;
Guzman’s employer, Pollack Barbaccia &
Guzman M.D. P.C., which had managed
Rivera’s prenatal care; Sun; Mercy Medical Center; and a nurse who had managed
Zoe’s delivery, Mariana Burger. The plaintiffs
alleged that Guzman and his practice’s staff
failed to properly manage Rivera’s prenatal
care; that Burger, Guzman and Sun failed
to properly manage Zoe’s delivery; that the
failures constituted malpractice; and that
Mercy Medical Center was vicariously liable
for the actions of Burger and Sun.
Sun was dismissed, and the matter proceeded against the remaining defendants.
Plaintiffs’ counsel claimed that Zoe’s palsy
is a result of a hypoxic event that occurred
during the three hours that preceded her
delivery. She contended that Zoe was an
extremely small baby, and she claimed
that an extremely small fetus bears an increased susceptibility to hypoxic events.
She claimed that the fetus’s growth was retarded by insufficiency of the mother’s placenta, but that Guzman and his practice’s
staff failed to detect the problem. The plain-
tiffs’ expert obstetrician submitted a report
in which he opined that timely detection
would have allowed earlier performance of
the Caesarean delivery, and he contended
that an earlier delivery would have averted
Zoe’s injury.
Plaintiffs’ counsel also claimed that Burger and Guzman did not properly manage
Zoe’s delivery. She contended that a monitor revealed that the fetus’s heart’s beating
was not demonstrating the constant variability that is typical of a healthy infant’s
heart. She also contended that the heart’s
functioning continually decelerated during a period that spanned three hours. The
plaintiffs’ expert nurse agreed that the monitor’s indications suggested distress, and
the plaintiffs’ expert obstetrician opined
that the monitor’s indications should have
prompted immediate performance of a
Caesarean delivery.
Pollack Barbaccia & Guzman’s counsel
contended that sonographies and other
tests indicated that the fetus was exhibiting
appropriate development, growth and size.
He claimed that the practice’s staff did not
observe anything that suggested that the
mother’s placenta could not adequately
support the child.
Pollack Barbaccia & Guzman’s counsel
also contended that monitors did not reveal problematic functioning of the fetus’s
heart, and he claimed that an MRI scan’s
results supported that contention. He suggested that Zoe’s palsy is a result of chronic
hypoxia that could not have been detected
or prevented.
Injuries/Damages:
cerebral palsy; spastic quadriplegia; brain
damage; hypoxia
Plaintiffs’ counsel claimed that Zoe sustained hypoxia that damaged her brain.
Zoe suffers retardation and spastic quadriplegia. She requires constant aid and
monitoring, and her mental and physical
disabilities will prevent her procurement of
an education and work. Plaintiffs’ counsel
contended that Zoe will require about $80
million of care.
Zoe’s mother sought recovery of Zoe’s past
and future medical expenses,Zoe’s lost
earnings, and damages for Zoe’s past and
future pain and suffering. She also presented a derivative claim.
Result:
The parties negotiated a pretrial settlement.
Burger’s insurer agreed to pay $1,625,000,
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13
12/14/12 4:31:22 PM
2012
TOP SETTLEMENTS NY
-Continued from p13
and the remaining defendants’ insurers
agreed to pay a total of $4,875,000. Thus,
the settlement totaled $6.5 million.
No. 8
Worker burned when truck spilled
hot asphalt
Products Liability — Automobile — Design Defect —
Products Liability — Failure to Warn — Automobiles
Case: Richard LaPera and Helena LaPera
v. Gabrielli Truck Sales, Ltd., Mack Trucks,
Inc. and R&S-Godwin Truck Body Co., LLC,
No. 20111/07
Judge: Thomas Feinman
Date: 1/24/2012
David J. Dean, Sullivan Papain Block
McGrath & Cannavo PC, New York, NY
On Oct. 1, 2005, plaintiff Richard LaPera,
47, a laborer, worked at the intersection of
Cardinal Drive and Flamingo Road, in East
Hills. LaPera and others were paving the
road, using asphalt dispensed from a dump
truck. The truck’s tailgate unexpectedly
opened during the course of the work, and
asphalt spilled onto LaPera and two other
workers. LaPera claimed that he sustained
burns of more than half of his body.
LaPera sued the truck’s manufacturer, Ivel,
Ky.-based R/S-Godwin Truck Body Co.,
LLC; the manufacturer of the truck’s chassis, Greensboro, N.C.-based Mack Trucks
Inc.; and the retailer from which the truck
had been purchased, Jamaica, N.Y.-based
Gabrielli Truck Sales Ltd. LaPera alleged
that the truck’s chassis and tailgate were defectively designed. He further alleged that
Gabrielli Truck Sales was strictly liable for
those defects.
The defendants impleaded the paving project’s supervisor, the town of North Hempstead. The first-party defendants alleged
that the town was negligent in its supervision of the workers.
Mack Trucks and the town of North Hempstead were dismissed via summary judgment.
The matter proceeded against Gabrielli Truck
Sales and R/S-Godwin Truck Body.
14
It was undisputed that the latches holding the tailgate could not be properly secured, because of an accumulation of dried
asphalt, and that safety chains from both
sides of the tailgate to the truck body would
have prevented the tailgate from opening.
LaPera’s counsel contended that R/S-Godwin Truck Body created a defect by not permanently affixing the safety chains to the
truck. They further contended that the accident easily could have been prevented had
either defendant affixed the safety chains
to the tailgate to avoid any risk of human
error.
LaPera’s counsel also contended that warning labels requiring the placement of the
safety chains were insufficient, as the repeated asphalt use made the warnings illegible. They claimed that the defendants
could neither warn away a design defect
nor blame the town when the uses, or misuses, of the equipment were foreseeable.
Each defendant’s counsel contended that
the town knew for years that the safety
chains were missing and that safe practice
required the chains to be installed so the
tailgate could be properly secured. They
claimed that the town’s employees caused
the accident by using the truck for some
two years and failing to install the chains,
by failing to report the missing chains
during daily inspections and by failing to
properly clean the latches.
R/S-Godwin Truck Body’s counsel contended that safety chains were permanently
affixed to the tailgate if they were delivered
locally, but that if the trucks were driven
hundreds of miles to the seller, the safety
chains were not affixed to the tailgate, as
the drive would cause them to bang against
the truck and chip the paint. He claimed
that it was customary to not permanently
affix the safety chains during manufacturing, but to provide them in boxes. He also
claimed that the safety chains were only
necessary when the tailgate chutes were
being used. However, LaPera’s expert mechanical engineer opined that R/S-Godwin
Truck Body’s reason for not affixing the
safety chains to the tailgate was not credible, and he contended that various protective coverings could have been placed over
the safety chains to prevent any paint chipping during the journey.
Injuries/Damages:
burns; burns, fourth degree; burns, third
degree; skin graft; debridement; contracture; scar and/or disfigurement; physical
therapy
LaPera was submerged below the waist for
several minutes in hot asphalt and sustained third- and fourth-degree burns of a
total of about 50 percent of his body. He
was taken by helicopter to Nassau University Medical Center, in East Meadow,
where he underwent emergency skin grafts
and debridements. Between October and
December 2005, he underwent escharotomies, contracture-release procedures, three
excisions of burned tissue of the lower
extremities, four skin grafts, and nine debridements and dressing changes under
heavy sedation. He subsequently began to
be treated with physical therapy and pain
management and continued treatment past
the time of trial.
LaPera contended that the injuries resulted in pain and limitations that rendered
him unable to sit or stand for long periods
and unable to resume work. He also suffers scars, disfigurement, skin defects and
loss of strength; he is unable to wear shoes
because of toe deformities; and he suffers
pruritus, which often leads to bleeding.
LaPera sought recovery of damages for his
past and future pain and suffering. His wife
presented a derivative claim.
Result:
After LaPera’s counsel’s presentation of his
case, the parties negotiated a settlement.
Gabrielli Truck Sales’ insurer agreed to pay
$5 million, and R/S-Godwin Truck Body’s
insurer agreed to pay $1 million. Thus, the
settlement totaled $6 million.
No. 9
Bricklayer claimed he hurt spine,
Worker/Workplace Negligence — Slips, Trips & Falls —
Fall from Height
Case: Lech Wlodkowski v. City of New York
The N.Y.C. School Construction Authority
& The N.Y.B.O.E., No. 301848/10
Court: Bronx Supreme
Neutral(s) : Kenneth Grundstein
Date: 7/16/2012
Daniel P. O’Toole (lead), Block, O’Toole &
Scott Occhiogrosso, Block, O’Toole &
On Oct. 1, 2005, plaintiff Richard LaPera,
During the evening of Oct. 30, 2009, plaintiff Lech Wlodkowski, 46, a bricklayer,
worked at a renovation site that was located at 1001 Jennings St., in the Crotona Park
East section of the Bronx. Wlodkowski fell
off of a ladder while he was working outside
of a second-story window. He plummeted
to the ground, and he sustained injuries of
his back, his head, his neck and a wrist.
Wlodkowski sued the premises’ owner, the
city of New York; the premises’ operator,
the New York City Department of Education; and the renovation project’s manager,
the New York City School Construction
Authority. He alleged that the defendants
violated the New York State Labor Law.
Wlodkowski claimed that he had not been
provided an adequate means of accessing
the window. He contended that he had to
utilize a closed A-frame ladder that was
resting against the side of the building.
Plaintiff’s counsel claimed that the incident
stemmed from an elevation-related hazard,
as defined by Labor Law § 240(1), and that
Wlodkowski was not provided the proper,
safe equipment that is a requirement of the
statute.
Defense counsel contended that Wlodkowski voluntarily positioned and ascended the ladder.
Injuries/Damages:
comminuted fracture; fracture, radius; concussion; herniated disc at C2-3; herniated
disc at C6-7; complex regional pain syndrome; physical therapy; epidural injections; fracture, wrist; head; bulging disc,
lumbar; reflex sympathetic dystrophy; respiratory
Wlodkowski sustained a concussion; a
comminuted fracture of the distal region of
his left, nondominant arm’s radius, which
forms an upper portion of the wrist; herniations of his C2-3 and C6-7 intervertebral
discs; and trauma that produced bulges of
his L4-5 and L5-S1 discs. He also claimed
that the upper portion of his left arm developed complex regional pain syndrome,
which is a chronic neurological condition
that is typically characterized by severe
burning pain, pathological changes of bone
and skin, excessive perspiration, swollen
tissue, and/or increased sensitivity to physical stimuli. The syndrome is alternately
termed “reflex sympathetic dystrophy.”
Wlodkowski initially underwent conservative treatment that included physical
therapy, the administration of epidural
injections of steroid-based painkillers and
the ongoing administration of narcotic
12/14/12 4:31:26 PM
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12/14/12 4:31:29 PM
2012
TOP SETTLEMENTS NY
painkillers. He contended that the treatment did not resolve his pain, and he also
contended that the narcotic painkillers
cause ongoing impairment of his respiration. On May 24, 2010, he underwent the
permanent implantation of a device that
stimulates his spinal cord. The device was
intended to treat his complex regional pain
syndrome.
Wlodkowski claimed that he suffers permanent residual pain and limitations that
prevent his resumption of work, his household chores and many other physical activities. He contended that he undergoes psychotherapy that addresses his chronic pain.
He also contended that he requires lifelong
treatment that includes monitoring of his
implanted stimulator, his use of painkillers
and a residential assistant. Wlodkowski’s
treating orthopedist submitted a report in
which he opined that Wlodkowski must
undergo fusion of a portion of his spine’s
lumbar region.
Wlodkowski sought recovery of his past
and future medical expenses, a total of
$5,010,206 for his future life-care needs, an
unreported amount for past and future lost
earnings, and damages for his past and future pain and suffering.
Defense counsel contended that Wlodkowski did not suffer complex regional
pain syndrome and that post-accident diagnostic studies suggest that Wlodkowski
is exaggerating the extent of his pain and
limitations.
The defense’s vocational-rehabilitation
expert submitted a report in which she
opined that Wlodkowski can resume bricklaying work or perform sedentary work that
would provide similar earnings.
Result:
Plaintiff’s counsel moved for summary
judgment of liability. During pendency of
the motion, the parties negotiated a settlement, which was finalized via the guidance of mediator Kenneth Grundstein.
The defendants agreed to pay a total of
$5.9 million.
No. 10
Two-ton beam fell from crane,
struck ironworker
Construction Accident — Labor Law — Falling Object —
Alternative Dispute Resolution — Mediation
Case: Sean Nielsen & Patricia Nielsen
v. New York State Dormitory Authority,
McKissack Turner Construction/JV, No.
106040/08
Court: New York Supreme
Neutral(s) : Robert Adams
Date: 2/21/2012
David H. Mayer, Sacks & Sacks, LLP, New
York, NY (Patricia Nielsen, Sean Nielsen)
Kenneth Sacks, Sacks & Sacks, LLP, New
York, NY (Patricia Nielsen, Sean Nielsen)
On Jan. 23, 2008, plaintiff Sean Nielsen,
35, an ironworker, worked at a construction site that was located at 1650 Bedford
Ave., in the Crown Heights South section
of Brooklyn. A crane was transferring 2-ton
steel beams from one area of the site to
another, and Nielsen’s responsibilities involved the application of a choker: a twolooped steel cable that secured the horizontally oriented beams and was hooked and
latched to the crane. One beam fell while
it was being hoisted, and it struck Nielsen.
Nielsen claimed that he sustained injuries
of his back, an elbow, a heel, a knee, his
neck and a shoulder.
Nielsen sued the project’s general contractor, McKissack Turner Construction/JV, and
the premises’ managing agent, the Dormitory Authority of the State of New York.
Nielsen alleged that the defendants violated the New York State Labor Law.
The Dormitory Authority of the State of
New York impleaded a subcontractor that
was performing steelwork; Metropolitan
Steel Industries Inc.; and a subcontractor
that Metropolitan Steel Industries hired,
Midlantic Erectors Inc. The Dormitory Authority of the State of New York alleged that
Metropolitan Steel Industries and Midlantic Erectors controlled and directed Nielsen’s work functions.
Metropolitan Steel Industries and Midlantic Erectors impleaded the manufacturer of
the hooks and latches that were using during the hoisting work, The Crosby Group
Inc. Metropolitan Steel Industries and Midlantic Erectors alleged that the equipment
was defective.
16
Nielsen claimed that the accident was a result of a failure of the hook that was used
during the hoisting process. He contended
that the hook broke into several pieces and
that another hook had malfunctioned during the prior day. Nielsen’s counsel claimed
that the equipment was defective and that
the defects were apparent or should have
been apparent. They contended that the incident stemmed from an elevation-related
hazard, as defined by Labor Law § 240(1),
and that Nielsen was not provided the
proper, safe equipment that is a requirement of the statute. They also contended
that the Dormitory Authority of the State
of New York violated the general safety provisions of Labor Law § 200.
McKissack Turner Construction’s counsel
contended that the accident was a result
of Nielsen’s failure to properly apply the
choker. He claimed that Nielsen’s employer, Midlantic Erectors, failed to properly
train and supervise Nielsen.
Counsel of Metropolitan Steel Industries
and Midlantic Erectors contended that the
accident was a result of a failure of the hook
that was used during the hoisting process.
The Crosby Group’s counsel contended
that its equipment was not defective.
Injuries/Damages:
herniated disc at C5-6; anterior cruciate
ligament, tear; medial collateral ligament,
damage; Achilles tendon, tear; medial meniscus, tear; herniated disc at L5-S1; fusion, lumbar; discectomy; rotator cuff, injury (tear); fusion, cervical; elbow; physical
therapy; post-traumatic stress disorder; decompression surgery; epidural injections
Nielsen claimed that he sustained herniations of his C5-6 and L5-S1 intervertebral
discs; tears of his right knee’s anterior cruciate ligament, medial collateral ligament
and medial meniscus; a tear of his right
heel’s Achilles tendon; a tear of his right
shoulder’s rotator cuff; compression of the
same shoulder’s subacromial region; fraying of the same shoulder’s labrum; and
damage of a ligament of his right elbow.
stabilizing hardware. In October 2010, he
underwent decompressive surgery that included a diskectomy, which involved the
excision of his C5-6 disc, fusion of the associated level of his spine and the application of stabilizing hardware.
Nielsen claimed that his right knee’s injuries caused his adoption of a compensatory
gait that overburdened his left knee. He
contended that his left knee remains painful and that the pain is being addressed via
physical therapy. He also contended that
his right shoulder and elbow remain painful, and he claimed that surgery has been
recommended for his right elbow. He contended that his residual injuries prevent his
resumption of his job.
Nielsen also claimed that he suffers residual post-traumatic stress disorder, with
symptoms that include insomnia and traumatic memories of the accident.
Nielsen sought recovery of about $200,000
for his past medical expenses, $6,179,000
for his future medical expenses, a total of
$8,156,000 for his past and future lost
earnings, and unspecified damages for his
past and future pain and suffering. His wife
presented a derivative claim.
Result:
The parties negotiated a pretrial settlement, which was finalized via the guidance
of mediator Robert Adams, of National
Arbitration and Mediation Inc. Metropolitan Steel Industries and Midlantic Erectors
agreed to pay a total of $5.7 million. The
remaining defendants did not contribute.
Editor’s Note:
This report is based on court documents,
information that was provided by plaintiffs’ counsel and information that was
provided by defense counsel.
In September 2008, Nielsen underwent
surgery that addressed the injuries of his
right knee. In August 2009, he underwent
decompressive surgery that addressed his
right shoulder.
Nielsen’s spinal injuries were initially addressed via physical therapy and the administration of epidural injections of steroidbased painkillers, but Nielsen contended
that the treatment did not relieve his pain.
In May 2009, he underwent fusion of his
spine’s L5-S1 level, with the application of
12/14/12 4:31:34 PM
Civil
Rights
&
EmployCivil Rights & Employment
Civil RightsCivil Rights
ment
Employment
Employment
Hotel/Restaurant
12/14/12 4:31:38 PM
2012
TOP SETTLEMENTS NY
Civil Rights
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Pena-Barrero v. The City of New York
5/30/12
U.S. District
Court, S.D.N.Y
City employee claimed unfair
treatment, discrimination
Samuel O. Maduegbuna, New York, NY of
Maduegbuna Cooper, LLP
$600,000
Employment
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
In Re Novartis Wage and Hour Litigation
8/10/12
United States
District Court,
S.D.N.Y,
New York
Pharmaceutical sales reps denied
overtime pay: Plaintiffs
David W. Sanford (lead), Katherine M. Kimpel, Deborah Marcuse
& Grant Morris of D.C. office & Jeremy Heisler, New York, NY of
Sanford, Wittels Law Firm
$99,000,000
Glaves-Morgan v. City of New York
4/25/12
U.S. District
Court, S.D.N.Y
Retaliation: Demoted executive
blamed bias, retaliation
Samuel O. Maduegbuna, New York, NY of Maduegbuna Cooper
LLP
$750,000
Equal Employment Opportunity Commission v. Kelley Drye & Warren, LLP
4/11/12
U.S. District
Court, S.D.N.Y
Age Discrimination: Firm's over-70
pay-cut rule was discriminatory, attorney claimed
Raechel L. Adams, New York, NY of U.S. Equal Employment
Opportunity Commission; Jeffrey C. Burstein, Newark, NJ of
U.S. Equal Employment Opportunity Commission
$574,000
Haynes v. The City of New York
3/1/12
U.S. District
Court, S.D.N.Y
Wrongful Termination:
Plaintiff claims she was harassed,
embarassed because of her race
Samuel O. Maduegbuna, New York, NY of
Maduegbuna Cooper, LLP
$465,000
Calverase v. City of Syracuse
2/6/12
U.S. District
Court, N.D.N.Y.
Gender Discrimination: Female PO
claimed that she was subjected to a
hostile work enviro
A.J. Bosman, Rome, NY of Bosman Law Firm
$375,000
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12/14/12 4:31:45 PM
Construction and
Other Workplace Safety
Construction Accident
Workplace Safety
12/14/12 4:31:52 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Jamindar v. Uniondale Union Free School
District
5/10/12
Nassau
Supreme
Worker suffers permanent loss of
legs' use after 30-foot fall
Larry J. Kramer & Joshua D. Pollack, Mineola, NY of Kramer &
Pollack, LLP
$15,000,000
Araujo v. Olin Corp.
6/1/12
U.S. District
Court, W.D.N.Y
Defective scaffold caused fall, brain
Kenneth J. Halperin & Philip A. Russotti, New York, NY of Wingate, Russotti, Shapiro and Halperin, LLP
$7,250,000
Wlodkowski v. City of New York
7/16/12
Bronx
Supreme
Bricklayer claimed he hurt spine,
Daniel P. O'Toole (lead) & Scott Occhiogrosso, New York, NY of
$5,900,000
Nielsen v. New York State Dormitory
Authority
2/21/12
New York
Supreme
Two-ton beam fell from crane, struck
ironworker
Sacks, LLP
$5,700,000
Cassidy v. HighRise Hoisting & Scaffolding Inc.
2/1/12
New York
Supreme
Fall from platform ended career,
concrete specialist claimed
J.P. Delaney & Victor Greco, New York, NY of O'Dwyer & Bernstien, L.L.P.
$5,600,000
Oo v. Prompt Apparel Inc
2/15/12
Kings
Supreme
Shocked worker fell 5 feet, sustained
spinal fracture
Stanley A. Tomkiel, III, Scarsdale & Manhattan, NY of Tomkiel &
Tomkiel PC
$5,260,000
Dedndreaj v. A.B.C Carpet
10/12/12
Bronx
Supreme
Worker hit by falling pipe, claimed
disabling spinal injuries
Daniel P. O'Tool & Scott Occhiogrosso of Block O'Toole & Murphy, LLP, New York, NY
$4,500,000
Burke v. Hilton Resorts Corp.
3/7/12
New York
Supreme
Ironworker claimed 15-foot fall
through floor ended career
David H. Mayer & Kenneth Sacks, New York, NY of Sacks & Sacks
$4,500,000
Blandina v. Turner Construction
6/13/12
Kings
Supreme
Labor Law: Plaintiff's injuries cause
by inadequate safety devices and
procedures
David H. Mayer (lead) & Kenneth Sacks, New York, NY of Sacks
& Sacks, LLP
$4,275,000
Kelmendi v. Brooklyn Navy Yard Development Corp.
6/12/12
Kings
Supreme
Fall into trench caused disabling
injuries, excavator claimed
Daniel P. O'Toole & Scott Occhiogrosso, New York, NY of Block,
O'Toole & Murphy, LLP
$4,250,000
Singh v. BE Bronx Builders LLC
8/22/12
Bronx
Supreme
Laborer struck by falling beam, sustained severe ankle injury
$3,750,000
Bronx
Supreme
Scaffold accident ended career,
carpenter claimed
Paul Dansker & Douglas E. Hoffer, New York, NY of Dansker &
Aspromonte Associates
$3,500,000
Pantoja v. City of New York
6/3/12
Tomkiel & Tomkiel, PC
Tomkiel and Tomkiel, PC was first established in New York as a partnership between Stanley A. Tomkiel, Sr. and Stanley A.
Tomkiel, III. From the very start in 1979, our mission has been helping accident victims get fair and full financial compensation
for their losses. This commitment to service continues with the third Tomkiel generation, Matthew P. Tomkiel, who joined the firm
in 2003, and Melissa M. Tomkiel in 2011. John P. Margand, an experienced New York City medical malpractice attorney, joined the
firm as special counsel in 2008, and Marco E. Fava joined as counsel in 2011. S. Robert Princiotto is New Jersey counsel. The firm
is listed in the Bar Register of Pre-Eminent Lawyers, America’s most exclusive directory of law firms.
Stanley A. Tomkiel, III, who personally handled five of the cases which are featured in the current issue of the New York
Law Journal’s Top Verdicts of 2011, is admitted to practice law in New York and Florida. He graduated from Cathedral
Preparatory School (N.Y.,N.Y.), Manhattan College (Riverdale, N.Y.), and Western New England College, School of Law
(Springfield, Mass.). He handles complex serious injury cases. Many of his settlements and verdicts have been reported
in state and national professional publications, including the American Justice Association (formerly Association of Trial
Lawyers of America) Law Reporter, the New York Jury Verdict Reporter and the New York Law Journal.
Stanley A. Tomkiel, III.
WESTCHESTER
670 White Plains Road, Suite 322
Scarsdale, NY 10583
Phone: 914-723-1700
Fax 914-723-1788
Mr. Tomkiel has achieved the AV® Rating by Martindale Hubbell, its highest rating in legal ability and ethics as established
by confidential opinions from members of the Bar and Judiciary. He lectures at continuing legal education seminars, and
is a member of numerous professional associations including the American Association for Justice, New York State Trial
Lawyers Association, Florida Justice Association, Injured Workers Bar Association , New York Injured Workers Alliance,
Workers’ Compensation Alliance, Westchester County Bar Association, Yonkers Lawyers Association, Bronx County
Bar Association, and the Eastchester Bar Association. He has served as President, of the Catholic Coalition of
Westchester (1995-2004), President Yonkers Lawyers Association, (1995 – 1996), Chairperson of the Workers’ Compensation
Committee, Westchester Bar Association, (1983 – 1987), Member, Town of Somers, New York Zoning Board of
Appeals, (1983 – 1987). He is the author of The Social Security Benefits Handbook (Sourcebooks) and the online edition
(www.SocialSecurityBenefitsHandbook.com).
MANHATTAN
270 Madison Avenue, Suite 1500
New York, NY 10016
Phone: 212-599-1001
www.tomkiel.com
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We have more than 45 years combined experience representing both plaintiffs and defendants in personal injury actions. We have handled complex cases involving
serious permanent injuries including burns, fractures, lead paint poisoning, paralysis, birth defects and wrongful death. Many of the cases we have handled, and some
of the cases we are currently working on, are high profile cases reported nationally in the media. We strive to prepare every case in a light most favorable to our client.
We thoroughly prepare every case with great attention to detail. We are equipped, experienced and prepared to try any case. A full time MD is on staff who reviews,
summarizes and deciphers the medical records on each case. Employing a physician is a substantial expense, however our firm and our clients have benefited greatly
from his knowledge, insight, experience and opinions.
There are many reasons to choose Kramer & Pollack. The firm has been bestowed the honor of inclusion in Super Lawyers for many years. Additionally, Mr. Kramer and
Mr. Pollack have been recognized as “Top New York” attorneys as published in the New York Times. They obtained, in the Jamindar case, the largest settlement for 2012
in Nassau County. In the Jamindar case, the plaintiff’s sister, a personal injury lawyer, wanted to select the best firm to represent her brother. After considering many
of New York’s top firms she told her brother to retain Kramer & Pollack. To this day Mr. Jamindar and his sister remain steadfast in their opinion that selecting Kramer &
Pollack was one of the best decisions they have ever made.
Jamindar v. Uniondale Union Free School District - Settlement: $15,000,000.00
5/10/2012 Nassau Supreme
Worker suffers permanent loss of legs’ use after 30-foot fall
#1 Reported Settlement IN THE HISTORY of Nassau County (per Verdict Search database)
#1 Reported Settlement in Nassau County 2012 (per Verdict Search database)
#1 Reported Construction Settlement in New York State 2012
#3 Reported Settlement in New York State 2012
De La Cruz v. New York City Transit Authority - Jury Verdict: $16,000,000.00
7th highest reported verdict in the State of New York and the highest verdict in Queens County for 2005
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CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Watson v. Pacific Vanderbilt Development
Co., LLC
10/1/12
Kings
Supreme
Laborer claimed demolition site's
collapse ended his career
David H. Perecman, New York, NY of The Perecman Firm, PLLC
$3,400,000
Ritacco v. One Bryant Park, LLC.
3/14/12
New York
Supreme
Marble setters claimed accident
caused permanent disabilities
Kenneth J. Halperin, New York, NY of Wingate, Russotti &
Shapiro, LLP
$3,300,000
Aranda v. 34 East 30th Street Corp
2/8/12
Queens
Supreme
Fall from ladder caused brain injury,
worker claimed
Daniel P. O'Toole & Scott Occhiogrosso of Block, O'Toole &
Murphy, LLP
$3,000,000
Duran v. Jane St. Hospitality, LLC
6/19/12
Kings
Supreme
Ladder accident led to two spinal
injuries, plaintiff claimed
David H. Perecman (lead) & Michael Caliguiri, New York, NY of
The Perecman Firm, New York, NY, trial counsel; Jacob Oresky,
Bronx, NY of Jacob Oresky & Associates, PLLC
$2,900,000
Rivero v. FSG Yonkers Hotels, LLC. & Pro
Con Inc
10/18/12
Kings
Supreme
Unsecured ladder caused accident,
steel worker claimed
Jordan D. Hecht of Hecht, Kleeger & Pintel, New York, NY
$2,800,000
Geller v. Pavarini Construction Co. Inc.
4/5/12
New York
Supreme
Worker struck by crane's loads,
claimed he hurt back and knee
Joseph P. Carfora & Daniel Weir, New York, NY of Sacks & Sacks,
LLP
$2,775,000
Colon v. Hilton Resorts Corp.
6/15/12
New York
Supreme
Worker claimed he was told to climb
wall, rather than use ramp
$2,700,000
Noce v. AJJMD Realty Corp.
9/7/2012
Supreme
Kings
Settlement for heavy equipment
operator who was struck in the head
by the bucket of an excavator
Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz &
Finz P.C.
$2,600,000
Li v. Centre Hester Realty, LLC.
3/20/12
New York
Supreme
Worker claimed electric shock
knocked him off building
Rick J. Rutman, New York, NY of Popick, Rutman & Jaw, L.L.P.
$2,500,000
Reyes v. Metro Loft Management LLC
2/6/12
New York
Supreme
Fall through building's floor ended
career, laborer claimed
Stephen J. Murphy, New York, NY of Block O'Toole & Murphy,
L.L.P.
$2,250,000
Kubacki v. 1340 59th Street, LLC
4/2/12
Kings
Supreme
Ladder accident caused disabling
fractures, plumber claimed
Scott Occhiogrosso & Daniel P. O'Toole, New York, NY of Block,
$2,200,000
Jinete-Brito v. Linmar Restoration Corp
7/25/12
Bronx
Supreme
Fall from roof caused spine, shoulder
injuries, worker claimed
Joseph Gorczyca, Jericho, NY of Schwartzapfel Partners P.C.
$2,000,000
Saban-Pirir v. Flushing Terrace, LLC
2/13/12
Kings
Supreme
Worker slipped off of scaffold, fell
and broke spine
Michael Flaks, New York, NY of Ross, Legan, Rosenberg, Zelen
& Flaks
$1,980,000
Mendoza v. 342 Eldert LLC.
1/13/12
Kings S
upreme
Scaffold accident caused disabling
injuries, laborer claimed
Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC
$1,950,000
Argudo v 32-90 36th Street LLC
10/3/12
Queens
County
Painter who fell from ladder on
scaffold sustained fracture &
required spinal fusion
Stephen J. Murphy & Christopher F. Holbrook of Block O'Toole &
$1,750,000
Feliciano v. Pistilli Construction and Development Corp.
4/16/12
Queens
Supreme
Shaky ladder caused fall, disabling
injuries, plumber claimed
Jay S. Hausman & Elizabeth M. Pendzick, Harrison, NY of Hausman & Pendzick
$1,750,000
Velez v. Boricua Village Housing Development Fund Co. Inc.
10/1/12
New York
Supreme
Welder claimed ladder accident
caused disabling injuries
Block, O'Toole & Murphy LLP
$1,725,000
Laboy v Plymouth Ave. Realty LLC
8/2/12
Bronx
Supreme
Plaintiff fell from top of 21 foot ladder, sustained fractures
Alan J. Stern, Garden City, NY, of Alan J. Stern P.C.
$1,550,000
Juriaco v. AB Green Gansevoort, LLC
9/11/12
New York
Supreme
Halved ladder not safe for use, electrician claimed
William Cafaro & Steven M. Pivovar, New York, NY of Law Offices
of William Cafaro
$1,500,000
Fields v. 100 Carlson Road, LLP
5/30/12
Monroe
Supreme
Fall from scaffold ended career,
abatement specialist claimed
Ernest A. DelDuchetto, Syracuse, NY of DelDuchetto & Potter
$1,500,000
Sari vs. Bansuk Construction, Inc.
9/1/12
Queens
Supreme
Plaintiff's fall from inadequate
A-frame ladder caused multiple
fractures
Jacob Oresky of Jacob Oresky & Associates, PLLC
$1,425,000
Torres v. Our Townhouse LLC
5/3/12
New York
Supreme
Suit: Worker fell from tree after being stranded atop scaffold
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC
$1,400,000
Roswell v. John Hummel Custom Builders
Inc.
7/25/12
Suffolk
Supreme
Electrician claimed shaky ladder
caused fall, disabling injuries
Stephen J. Murphy (lead) & David L. Scher, New York, NY of
$1,250,000
Sargent v. Plaza at Fifty State Street
3/14/12
Albany
Supreme
Worker, boss disputed availability of
safety equipment
Steven B. Dorfman, New York, NY of Friedman & Moses LLP
$1,175,000
Galindo v. Shooshtary
7/17/12
Suffolk
Supreme
Stairway's unstable condition wasn't
disclosed, worker claimed
Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della
$1,100,000
22
12/14/12 4:32:01 PM
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8/9/2012
2,000,000
2/27/2012
1,800,000
8/22/2012
3,750,000
3/15/2012
1,750,000
9/10/2012
4,000,000
3/27/2012
2,500,000
9/11/2012
1,500,000
4/4/2012
4,150,000
9/12/2012
2,500,000
4/9/2012
2,950,000
9/21/2012
1,500,000
4/30/2012
3,300,000
10/1/2012
2,800,000
5/7/2012
1,800,000
10/1/2012
1,725,000
5/17/2012
4,250,000
10/9/2012
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2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Jackson v. 1240 First Avenue LLC
4/10/12
New York
Supreme
Carpenter hit by falling wood,
claimed injuries of back, shoulder
Pat James Crispi, New York, NY of Keogh Crispi, P.C.
$1,000,000
Ospina v. Disano Construction Co. Inc.
3/9/12
Queens
Supreme
Rooftop worker struck by material
that fell from crane
$1,000,000
Fuentes v. Agris & Brenner, LLC
3/16/12
Queens
Supreme
Fall from scaffold ended career,
carpenter claimed
Frank V. Floriani, New York, NY of Sullivan Papain Block McGrath
& Cannavo P.C.
$975,000
Rosario v. NYC School Construction
Authority
6/7/12
New York
Supreme
Carpenter claimed scaffold accident
led to knee replacement
Gary M. Gash, White Plains, NY of Gash & Associates, P.C.
$925,000
Verdugo v. W & H Properties, LLC
5/17/12
Queens
Supreme
Worker claimed ceiling's collapse
knocked him off ladder
Stephen J. Murphy & David L. Scher, New York, NY of Block
O'Toole & Murphy, L.L.P.
$925,000
Hyde v. Yankee Stadium LLC
7/31/12
Bronx
Supreme
Lack of training led to crushing
injury of hand, foreman claimed
Peter B.N. Christy, Richard N. Petrocelli & Michael D. Zentner,
New York, NY of Petrocelli & Christy
$800,000
Carranza v. Berman
5/3/12
Queens
Supreme
Unstable ladder tipped and caused
accident, worker claimed
Alan M. Greenberg, New York, NY of Law Offices of Alan M.
Greenberg, P.C.
$750,000
Szulinski v. Pinmark Contracting Co., LLC
7/26/12
Kings
Supreme
Hoist's defect led to accident, eye
Adam C. Yanover, Garden City, NY of Yanover & Yanover
$620,000
Castor v. Time Warner Cable Inc.
5/17/12
Onondaga
Supreme
Worker fell off of ladder while stringing cable, broke hip
Anthony R. Martoccia, Syracuse, NY of McMahon Kublick &
Smith PC
$350,000
Lamneck v. Bill and Ted's Riviera Inc.
4/23/12
Nassau
Supreme
Plasterboard fell from hoist, injured
worker's arm
Ira H. Goldfarb, New York, NY of Friedman, Levy, Goldfarb &
Green, P.C.
$337,500
Torres v. 3536 Cambridge Ave, LLC
3/20/12
Bronx
Supreme
Worker hit by falling rock at excavation site
Seth M. Katz, New York, NY of Law Offices of William Pager
$255,000
Lancette v. McCarthy
8/27/12
Saratoga
Supreme
Roofer claimed poorly secured ladder caused fall, wrist fracture
John F. Harwick, Latham, NY of Hacker & Murphy, LLP
$150,000
Workplace Safety
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Picano v. Rockefeller Center North Inc.
3/21/12
New York
Supreme
Labor Law: Defendants: Plumber's
injury not during renovation work
Carmine A. Rubino, New York, NY of Kramer, Dillof, Livingston &
Moore
$3,000,000
Lewis v. City of New York
1/23/12
New York
Supreme
Negligent Maintenance: Con Edison
ignored damaged sidewalk, plaintiff
claimed
Richard N. Slater, New York, NY
$2,600,000
Franco v. LeCann
4/9/12
Suffolk
Supreme
Handyman hurt by saw, claimed boss
removed blade's guard
Thomas J. Keegan, Patchogue, NY of Keegan & Keegan, Ross &
Rosner, LLP
$565,000
Soto v. Pav-Lak Industries Inc.
2/24/12
Suffolk
Supreme
Flooding of work site resulted in
accident, boiler installer claimed
Matthew J. Jones, Mineola, NY of Sullivan Papain Block McGrath
& Cannavo P.C.
$500,000
Tepper v. City of New York
5/15/12
Queens
Supreme
Negligent Maintenance: Sidewalk's
open tree bed a hazard, plaintiff
claimed
Alan M. Greenberg, New York, NY of Law Offices of Alan M.
Greenberg
$300,000
Gonzales v. River Park Associates (1972)
L.P.
2/8/12
Bronx
Supreme
Negligent Assembly or Installation:
Improperly installed stove exploded,
plaintiff claimed
Edward A. Steinberg, New York, NY of Leav & Steinberg, LLP
$185,000
Arnold v. Randy T. Rodecker Inc.
6/12/12
Suffolk
Supreme
Negligent Assembly or Installation:
Man's face cut by lid that blasted off
of pool's pump
Glenn Auletta & Denny Brown, Ronkonkoma, NY of Gruenberg
Kelly Della
$150,000
Hankle v. Callanan Industries Inc.
6/20/12
Rensselaer
Supreme
Negligent Repair: Roadwork
created unsafe condition,
motorcyclist claimed
Mitchell Proner, New York, NY of Proner & Proner P.C.
$30,000
Cerniglia v. Cardiology Consultants of
Westchester, P.C.
7/10/12
Westchester
Supreme
Worker/Workplace Negligence:
Physician's aide didn't provide
assistance, patient claimed
Thomas E. Mehrtens, Tuckahoe, NY of Thomas E. Mehrtens, P.C.
$15,000
Decker v. Napolitano
5/9/12
Sullivan
Supreme
Worker/Workplace Negligence:
Contractor's errors led to collapse of
roof, suit alleged
Mark Lewis Schulman, Monticello, NY
$5,000
24
12/14/12 4:32:08 PM
Insurance
Insurance
12/14/12 4:32:11 PM
2012
TOP SETTLEMENTS NY
Insurance
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Taveras v. American Transit Insurance
Company
2/7/12
Kings
Supreme
Insurance: Plaintiffs alleged
American Transit Insurance failed its
clients
Robyn Brazzil & Jeffrey A. Block, New York, NY of Block, O'Toole
& Murphy, LLP, trial counsel to Jasper and Jasper
$2,850,000
Coury v. Delos Insurance Co.
1/30/12
New York
Supreme
Insurance: Insurer on hook for insured's negligence, plaintiff claimed
Frank V. Floriani (co-lead) & Susan M. Jaffe (co-lead), New York,
NY of Sullivan Papain Block McGrath & Cannavo P.C.; Edward
Wagner, Staten Island, NY of Wagner & Wagner
$700,000
Nationwide Insurance v. Fair Fare, Inc.
5/9/12
Albany
Supreme
Subrogation: Insurance company
sued after it paid for damage to
vehicle
Jeffrey T. Culkin, Latham, NY of Epstein & Rayhill
$3,300
TO
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26
12/14/12 4:32:16 PM
Intentional Torts
Intentional Torts
12/14/12 4:32:21 PM
2012
TOP SETTLEMENTS NY
Intentional Torts
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Robinson v City of New York and
Correction Officers
3/16/12
U.S. District
Court - S.D.N.Y.
Plaintiff was beaten to death by
inmates involved with correction officers in a shakedown scheme
Sanford Rubenstein of Rubenstein & Rynecki
$2,000,000
Collier v. City of New York
6/5/12
Kings
Supreme
False Arrest: Rape prosecution
lacked evidence, plaintiff claimed
Michael B. Ronemus, New York, NY of Ronemus & Vilensky
$1,000,000
Sowell v City of New York
9/27/12
New York
Supreme
Plaintiffs were assaulted, battered,
and falsely arrested by NYC police
officers while lawfully in their home
Scott Rynecki of Rubenstein & Rynecki, NY
$850,000
Munoz v. City of New York
9/25/12
Kings
Supreme
Plaintiff was assaulted and battered
by NYC police officers
Scott Rynecki of Rubenstein & Rynecki, NY
$775,000
Cromartie v. City of New York
2/2/12
Queens
Supreme
False Arrest: Arrestee claimed police
didn't question shaky allegations
Steven M. Gershowitz, New York, NY of Raphaelson & Levine
Law Firm P.C.
$500,000
Johnson v. City of New York
3/21/12
Bronx
Supreme
False Arrest: Arrestee claimed
lawyer, DA, ignored mistaken-identity
proof
Eric H. Morrison, New York, NY of Morrison & Wagner
$500,000
Morgan v. City of New York
1/10/12
U.S. District
Court, E.D.N.Y.
Assault: Beatings an overreaction to
use of cellular phone, suit alleged
Veronica Renta Irwin, Manhasset, NY of Irwin & Streiner LLC
$285,000
Acosta v. County of Ulster
2/16/12
Ulster
Supreme
Gov't Excessive Force: Arrestee
claimed broken nose at hands of jail
guard
Jeffrey T. Millman, Stony Point, NY of Phillips & Millman, L.L.P.
$135,000
Friedlander v. Waroge Met Ltd.
6/12/12
Queens
Supreme
Restaurant's patron claimed she
endured homophobic attack
Natalie Chin, New York, NY of Lambda Legal Defense And
Education Fund Inc; Susan Sommer, New York, NY of Lamda
Legal Defense and Education Fund Inc.; Mary Eaton, New York,
NY of Wilkie Farr & Gallagher LLP; Erin McLeod, New York, NY
of Wilkie Farr & Gallagher LLP; Jordan Hicks, New York, NY of
Willkie Farr & Gallagher LLP; Roger Netzer, New York, NY of
Willkie Farr & Gallagher LLP
$25,000
!"#$%$
&'()*+!,--.--
28
12/14/12 4:32:27 PM
Malpractice
Legal Malpractice
12/14/12 4:32:33 PM
2012
TOP SETTLEMENTS NY
Legal Malpractice
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Melendez v. Ornstein & Ornstein PC
5/9/12
Resolute
Systems
Malpractice: Personal-injury case doomed
by attorney's errors, man alleged
Steven L. Kaplan, Melville, NY of Kaplan & Kaplan P.C.
$1,000,000

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12/14/12 4:32:45 PM
Medical
Medical Malpractice
Nursing Homes
Trip / Slip & Falls
12/14/12 4:33:34 PM
2012
TOP SETTLEMENTS NY
Medical Malpractice
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Mullings v. Ibis Yarde
3/2/12
Kings Supreme
Failure to Treat: Kidney stone infection
ends with multiple amputations
Ira M. Newman (lead) & Edward J. Sanocki, Manhattan, NY of Sanocki,
Newman & Turret, L.L.P.; Sanford A. Rubenstein, Brooklyn, NY of Rubenstein & Rynecki
$17,900,000
Hagins v. Miller
10/3/12
Westchester
Supreme
Negligent Treatment: Tooth extraction
resulted in broken jaw, plaintiff claimed
Christopher B. Meagher, White Plains, NY of Meagher & Meagher, P.C.;
Merryl F. Weiner, White Plains, NY of Meagher & Meagher, P.C.
$7,663,260
Rivera v. Guzman
3/20/12
Nassau Supreme
Failure to Detect: Obstetrician, nurse
overlooked fetus's hypoxia, mother
claimed
Danielle George, New York, NY of Levy Phillips & Konigsberg,
LLP (now at Phillips & Paolicelli, LLP, NYC)
$6,500,000
Estate of Jokonyo vs. Deratus, Md, et al.
9/27/12
Queens
Supreme
Medical Malpractice: Failure to Diagnose
TTP, a blood disorder, caused 43 y/o
woman's death after brief hospitalization
Phil Russotti & Ken Halperin, New York, Wingate, Russotti, Shapiro &
Halperin, LLP
$2,700,000
Solomon v. Berkowitz, docket no.
800012/10, Sup Ct. NY Cty, 10//12 for
2.25M
10/1/12
New York
Supreme
Medical Malpractice: Failure to treat prior
myocardial infarction with anticoaguants
resulted in subsequent MI, stroke , and
cognitive deficits in 56 y/o accountant
Phil Russotti & Ken Halperin, New York, Wingate, Russotti, Shapiro &
Halperin, LLP
$2,250,000
Navaez v. Stewart
3/6/12
New York
Supreme
Doctor failed to find, treat heart inflammation
Eric K. Schwarz, New York, NY of Sullivan Papain Block McGrath & Cannavo, P.C.
$2,000,000
Molina v. NY City
7/6/12
Queens
Supreme
Failure to Diagnose:
Victoria Wickman, Esq., New York, NY of Law Office of Victoria Wickman
$1,450,000
Ortega v. N.Y.C.H. & H. Corp.
6/6/12
Bronx Supreme
Childbirth: Child's autism due to
mismanaged delivery, suit alleged
Louis G. Solimano, Bronx, NY of of counsel, William A. Gallina
$1,350,000
Aguilar v. Perez
6/14/12
Bronx Supreme
Delayed Diagnosis: Doctor missed signs of
pediatric arthritis, plaintiff claimed
Louis G. Solimano, Bronx, NY of Trial Counsel to William A. Gallina
$1,250,000
Allen v. New York City Health and
Hospitals Corp.
6/16/12
New York
Supreme
Failure to Diagnose: Undetected infection
caused nerve damage, suit alleged
Robert Vilensky, New York, NY of Ronemus & Vilensky, L.L.P.
$1,250,000
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2/1/2012
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3/20/2012
3/30/2012
4/16/2012
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3,000,000
2,000,000
3,900,000
17,900,000
2,715,000
3,250,000
3,750,000
5,500,000
2,700,000
3,400,000
4,400,000
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10/3/2012
11/15/2012
11/19/2012
3,250,000
3,300,000
3,750,000
5,900,000
2,800,000
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11,500,000
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2012
TOP SETTLEMENTS NY
Medical Malpractice
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Petosa v. Prue
3/5/12
Richmond
Supreme
Failure to Diagnose: OB/GYN accused of
mistaking cancer for yeast infection
Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.
$1,200,000
Kowalski v. Ritterband
1/30/12
New York
Supreme
Eye Surgery: Plaintiff alleged contraindications to LASIK surgery, sustained ectasia
and blindness
Scott J. Koplik, Chappaqua, NY of Law Office of Todd J. Krouner; Todd J.
Krouner, Chappaqua, NY of Law Office of Todd J. Krouner
$975,000
Ortiz v. NYC Health & Hosp. Corp.
2/1/12
Bronx Supreme
Failure to Detect: Fetus's hypoxic event
overlooked, mother claimed
$900,000
Roman v. Burton
4/2/12
Bronx Supreme
Failure to Refer: Dentist disregarded cancerous tumor of tongue, suit alleged
Gregory Danenberg, New York, NY of The Law Offices of Gregory
Danenberg
$800,000
Doe v. Goldweber
3/8/12
New York
Supreme
Negligent Injection: Double-dipping doc
transmitted hepatitis, patient alleged
Eric K. Schwarz, New York, NY of Sullivan Papain Block McGrath &
Cannavo, P.C.
$675,000
Doe v. Phillips
3/22/12
Kings Supreme
Childbirth: Obstetrician’s error caused
injury of vagina, plaintiff claimed
Brian M. Brown, New York, NY of Zaremba Brownell & Brown, PLLC
$400,000
Marquez v. Gluck
2/6/12
Queens
Supreme
Negligent Treatment: Pltff.: Ob perforated
uterus during D&C
$340,000
McDonald v. Duello
2/15/12
St. Lawrence
Supreme
Failure to detect: Surgeon overlooked
damage of colon, patient alleged
Thomas A. Grue, Malone, NY of Poissant, Nichols & Grue P.C.
$225,000
Nursing Home
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Estate of Lopez v. Riverdale Nursing
Home Inc
5/3/12
Bronx Supreme
Medication Management: Nurse's sloppy
transcription led to fatal overdose, suit
alleged
Andrew S. Targum, New York, NY of Targum & Britton, LLP
$900,000
Estate of Holmes v. Greater Harlem Nursing Home Co. Inc.
4/4/12
Bronx Supreme
Abuse or Neglect: Woman's bedsores led
to malnutrition, death, suit alleged
Philip J. Rizzuto, New York, NY of Philip J. Rizzuto, P.C.
$350,000
Estate of Berrow v. Nassau Operating Co.,
LLC.
4/24/12
Nassau Supreme
Woman died after improper treatment of
toenail, suit alleged
Justin Varughese, Port Washington, NY of Parker Waichman LLP
$325,000
Villanueva v. New York City Health and
Hospitals Corp.
6/21/12
New York
Supreme
Abuse or Neglect: Quadriplegic man
claimed nurses' inaction led to bedsores
Jonathan Fairbanks, Kingston, NY of Zwiebel & Fairbanks LLP
$110,000
PLAINTIFF'S COUNSEL
AMOUNT
Trip / Slip & Falls
CASE
DATE
COURT
TYPE OF ACTION
Del Moral v. The City of New York
9/10/12
Bronx Supreme
Plaintiff claimed disabled after fall on ice
Laurence M. Savedoff, Bronx, NY of Laurence M. Savedoff P.L.L.C.
$900,000
Moran v. Rite Way Corp.
9/26/12
Kings County
Plaintiff fell through unprotected, unguarded cellar doors outside of dedendant's
store
Erik S. Fremer, Esq. of Fremer Law Offices
$825,000
Napoli v. Consolidated Edison
4/11/12
Kings Supreme
Utility created hazard on sidewalk, suit
alleged
Brad A. Kauffman, New York, NY of The Law Office of Brad A. Kauffman,
PLLC
$400,000
Sodhi v. 147-11 34th Realty et al.
2/29/12
Supreme
Queens
Settlement for woman who fell down the
lobby steps which lacked handrail
Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & Finz P.C.
$400,000
Colon v. Ditmas Park 613 LLC
6/27/12
Supreme Kings
Settlement for woman who fell on ice
while stepping onto the sidewalk abutting
her parent’s apartment building
$390,000
Kowalczyk v. Consolidated Edison Company of New York Inc.
1/5/12
Kings Supreme
Steel plate covering excavated site a
hazard, plaintiff claimed
Adam C. Yanover, Garden City, NY of Yanover & Yanover
$250,000
Desiderato v. City of New York
7/3/12
Bronx Supreme
Trip and Fall on sunken manhole Single
knee surgery to a 65 year old obese
woman
Joseph Gorczyca, Jericho, NY of Schwartzapfel Partners P.C.
$250,000
Dzurayev v. Pershing Crescent Apartments Company Limited Partnership
8/4/12
Queens
Supreme
Landlord ignored slippery stairway, tenant
claimed
Ylber Albert Dauti; The Dauti Law Firm, P.C.; New York, NY
$240,000
DiMura v. Morrison
5/2/12
Monroe
Supreme
Fall from Height: Plaintiff fell off ladder
while helping neighbor
Timothy Hedges, Rochester, NY of Cellino & Barnes PC
$23,000
34
12/14/12 4:34:00 PM
Motor Vehicle
Motor Vehicle Accident - Bus
Motor Vehicle Accident - Bicycle
Motor Vehicle Accident - Center Line
Motor Vehicle Accident - Left Turn
Motor Vehicle Accident - Multiple Vehicles
Motor Vehicle Accident - No-Fault
Motor Vehicle Accident - Passenger
Motor Vehicle Accident - Pedestrian
Motor Vehicle Accident - Intersection
Motor Vehicle Accident - Rear End Collision
Motor Vehicle Accident - Negligent Operation
12/14/12 4:34:04 PM
2012
TOP SETTLEMENTS NY
Motor Vehicle Accident - Bus
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Wright v. MTA Bus Co.
6/27/12
Queens
Supreme
Bus: Plaintiff claimed she was snared by
bus's doors and dragged
Jay W. Dankner, New York, NY of Dankner, Milstein & Ruffo, P.C.; Robert
A. Flaster, P.C., New York, NY of Robert A. Flaster, Esq.
$3,000,000
Sulaiman v. Masicott et al.
5/11/12
Kings Supreme
Settlement for bus passenger who was
injured when he fell out of his seat after a
collision with an SUV
$1,225,000
Washington v. Peter Pan Bus Lines Inc.
3/1/12
Kings Supreme
Bus: negligent operation cause plaintiffs
injuries
Glenn Auletta (lead) & Michael Della, Ronkonkoma, NY of Gruenberg
Kelly Della
$750,000
Kanarek v. Middle Village Senior Citizens
Center, Inc.
8/8/12
Queens
Supreme
94 y/o woman fell while stepping off bus
that failed to stop at a curb
$325,000
Motor Vehicle Accident - Bicycle
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Galindo v. Fenster
3/8/12
New York
Supreme
Bicycle: Plaintiff sustained hemorrhage
after multiple car collision
Robert R. MacDonnell, New York, NY of Lurie, Ilchert, MacDonnell &
Ryan LLP
$1,050,000
Herrera-Ferino v. Barlett Dairy Inc.
9/25/12
Bronx Supreme
Bicycle: Bicyclist claimed he was struck by
inattentive trucker
Robert R. MacDonnell, New York, NY of Lurie, Ilchert, MacDonnell &
Ryan LLP
$1,000,000
Yanus v. Crane-Hogan Structural
Systems Inc
7/9/12
Monroe
Supreme
Roadway Defect: Roadwork created dangerous condition, motorcyclist claimed
John Wright, Rochester, NY of Cellino & Barnes P.C.
$30,000
Shenker v. Mack
2/23/12
Kings Supreme
Bicycle: Motorist didn't yield to bicyclist,
suit alleged
Seth M. Katz, Brooklyn, NY of Law Offices of William Pager
$22,500
Motor Vehicle Accident - Center Line
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Jacobs v. Nieto
4/30/12
Nassau Supreme
Center Line: Fatal car crash blamed on
drunken driver
Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP; S. Joseph
Donahue, New York, NY of Block, O'Toole & Murphy, LLP
$3,250,000
Matheson v. Bongiorno
6/15/12
Suffolk Supreme
Center Line: Distracted driver caused
head-on crash, couple claimed
Alison D. Metzler, Garden City, NY of Sullivan Papain Block McGrath &
Cannavo P.C.
$1,500,000
Kong v. Bendel
7/6/12
Kings Supreme
Center Line: Coach and gym teacher
claimed accident left him out of shape
Everett J. Petersson, P.C.
$1,000,000
Davis v. Sepe
1/25/12
Nassau Supreme
Center Line: Car crash caused injuries of
ankle, spine, couple claimed
Josh Silber, New York, NY of Abend & Silber, PLLC
$600,000
Waldron v. Town of Arkwright
7/19/12
Chautauqua
Supreme
Center Line: Trucker not cautious in icy
conditions, plaintiff claimed
John W. Looney, Buffalo, NY of Cellino & Barnes, P.C.
$300,000
Fox v. Senneville
4/9/12
Dutchess
Supreme
Center Line: Drunken driver crossed line,
caused crash, couple claimed
Lawrence A. Breslow, Poughkeepsie, NY of Rutberg Basso
Personal Injury Law
$216,000
Chae v. Chelsea Sanitation Service Inc.
3/9/12
Queens
Supreme
Center Line: Trucker lost control during
turn, caused crash, plaintiff claimed
Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel,
Sim & Park, LLP, New York, NY
$200,000
Warren v. Akins
8/28/12
Ulster Supreme
Center Line: Plaintiff claimed car crash
aggravated back, neck, shoulder
John A. DeGasperis, Kingston, NY of Basch & Keegan; Christopher R. Kraft, $30,000
Kingston, NY of Dall Vechia & Kraft
Motor Vehicle Accident - Left Turn
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
McGee v. Rank
6/7/12
Suffolk Supreme
Left Turn: Motorist's illegal turn caused
crash, couple claimed
Joshua D. Gropper, New York, NY of Brown & Gropper L.L.P.; Michael E.
Jaffe, New York, NY of Pazer, Epstein & Jaffe; Jordan Stern, Freeport, NY of
Stern & Stern
$1,340,000
Ganley v. Polmanteer
10/3/12
Onondaga
Supreme
Left Turn: Distracted driver, hasty turn
were crash's ingredients, suit alleged
Walter F. Benson, Syracuse, NY of Lynn Law Firm
$675,000
Westbrook v. Laborers Local 754
5/25/12
Niagara
Supreme
Left Turn: Salesman claimed car crash led
to loss of job
John A. Sheehan, Buffalo, NY of Cellino & Barnes
$400,000
Hathaway v. Battaglia
7/13/12
Niagara
Supreme
Left Turn: Distracted driver's turn caused
crash, motorcyclist claimed
Herschel Gelber, Amherst, NY of Gelber & O'Connell, LLC; Kristopher
Schwarzmueller, Amherst, NY of Gelber & O'Connell, LLC
$365,000
Shin v. Gerpity
5/16/12
Queens
Supreme
Left Turn: Motorist's hasty turn caused
crash, plaintiffs claimed
Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim &
Park, LLP, New York, NY
$275,000
Kim v. James
6/26/12
Queens
Supreme
Left Turn: Motorist's unsignaled turn led to
accident, plaintiff claimed
Robert Alan Saasto, Hicksville, NY, trial counsel, Sim & Park, LLP, New
York, NY; Mark Wilson, Commack, NY of Mark Wilson, Esq.
$182,000
Crown v. State Farm Mutual Automobile Co.
7/9/12
U.S. District
Court, E.D.N.Y.
Left Turn: Motorist's sudden turn caused
crash, plaintiff claimed
George S. Bellantoni, White Plains, NY
$140,000
Oh v. To
1/23/12
Queens
Supreme
Left Turn: Distracted driver's hasty turn
caused crash, plaintiffs claimed
$105,000
36
Verdicts Search’s Top NY Settlements of 2012
12/14/12 4:34:09 PM
Motor Vehicle Accident - Multiple Vehicles
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Thayer v. Scruggs
3/9/12
Ulster Supreme
Multiple Vehicle: Plaintiff claimed traffic
accident caused spinal injuries
Steven Cohen, Newburgh, NY of Finkelstein & Partners; Kenneth B.
Fromson, Newburgh, NY of Finkelstein & Partners
$1,500,000
Yi v. Meitetsu Express
5/7/12
Queens
Supreme
Multiple Vehicle: Car crash caused injuries
of knees, spine, plaintiff claimed
Robert A. Saasto, Hicksville, NY of Hicksville, NY, trial counsel,
$350,000
Zhang v. Mignone
1/11/12
Queens
Supreme
Parked Car: Bicyclist hit by taxi blamed
driver of parked vehicle
Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel,
$125,000
Sbordone-Esposito v. McCormack
5/15/12
Richmond
Supreme
Multiple Vehicle: Plaintiff claimed she tore
shoulder in traffic accident
Jason Herbert, New York, NY of Krentsel & Guzman, LLP
$95,000
Diaz v. Decker
1/10/12
Sullivan Supreme
Multiple Vehicle: Truck's driver inattentive
while reversing, plaintiff claimed
John V. Janusas, Liberty, NY of Rourke Fine & Janusas
$25,000
Motor Vehicle Accident - No-Fault
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Coates v. Nalawajek
4/2/12
Erie Supreme
No-Fault Case: Car crash caused ankle,
knee, spine injuries, couple claimed
Lawlor F. Quinlan, III, Buffalo, NY of Connors & Vilardo, L.L.P.
$750,000
Grant v. Izzo
8/3/12
Schenectady
Supreme
No-Fault Case: Car crash caused injuries
of neck, plaintiff claimed
Phil A. Rodriguez, Schenectady, NY of Law Office of Phil Rodriguez
$18,500
Motor Vehicle Accident - Passengers
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Estevan v. City of New York
2/28/12
Kings Supreme
Passenger: Street-cleaning vehicle struck
parked bus, plaintiff claimed
Jordan D. Hecht & Joel Rubenstein, New York, NY of Hecht Kleeger &
Damashek, PC
$1,500,000
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12/14/12 4:34:15 PM
2012
TOP SETTLEMENTS NY
Motor Vehicle Accident - Passengers
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Martin v. United States of America
4/24/12
U.S. District
Court, S.D.N.Y
Passenger: Accident blamed on driver's
failure to see SUV in her path
Richard S. Vecchio, White Plains, NY of Worby Groner Edelman, LLP
$1,450,000
Peralta v. Rodriguez
7/6/12
New York
Supreme
Passenger: Car crash caused spinal injuries,
mother and son claimed
Steven J. Murphy, New York, NY of Block, O'Toole & Murphy LLP
$1,250,000
Hauswirth v. Transcare New York Inc.
9/21/12
Kings Supreme
Multi-car accident resulted in blinding
injury, plaintiff claimed
Nick Gjelaj, Middle Village, NY of Mullaney & Gjelaj, PLLC,trial counsel to
Jason Zemsky, Hempstead, NY of Zemsky & Salomon PC
$750,000
Alves v. Topush Hacking Corp.
5/7/12
Queens
Supreme
Passenger: Graphic designer claimed taxi
accident derailed career
Howard A. Raphaelson (lead) & Andrew J. Levine, New York, NY of
Raphaelson & Levine Law Firm, P.C.
$675,000
Balter v. McGrath
1/6/12
Sullivan Supreme
Passenger: Inattentive driver late to react
to emergency, plaintiff claimed
William P. Moore, Buffalo, NY of Lipsitz Green Scime Cambria LLP
$500,000
Wise v. Hess
5/10/12
Onondaga
Supreme
Passenger: Fender bender caused spinal
injuries, plaintiff claimed
James L. Alexander, Syracuse, NY of Alexander & Catalano, L.L.P.
$400,000
Hadid v. Smith
5/24/12
Monroe
Supreme
Passenger: Car crash caused herniated
disc, passenger claimed
Timothy Hedges, Rochester, NY of Cellino & Barnes PC
$375,000
Pagano v. Drescher
2/17/12
Onondaga
Supreme
Passenger: Multi-car crash led to two
fusions of spine, plaintiff claimed
Thomas F. Shannon, Syracuse, NY of Lynn Law Firm
$325,000
Himmel v. RLI Transportation, Inc.
3/14/12
Kings Supreme
Passenger: Motor Vehicle: CEO of
ChromaDex said taxi driver was "driving
like a maniac"
Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &
Goodman, P.C.
$300,000
Funk v. City of New York
7/17/12
Richmond
Supreme
Police vehicle slides off wet roadway,
injures fellow officer
Andrew M. Laskin, New York, NY of Robinson & Yablon, PC
$300,000
Martinez v. Mizhquiri Transportation Inc.
2/15/12
Kings Supreme
Passenger: Car crash a result of speeding,
disregard of lights, suit alleged
Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.
$180,000
Pratt v. Stockwell
7/19/12
Orleans
Supreme
Passenger: House party ended with fatal
car crash, suit alleged
J. Michael Hayes, Buffalo, NY of J. Michael Hayes, Esq.
$153,000
Gelzer v. Mays
4/24/12
Kings Supreme
Passenger: Speeding drivers caused
multi-car crash, plaintiff claimed
Lennon C. Edwards, New York, NY of Mills & Edwards, LLP
$130,000
Murphy v. Niagara Falls Memorial Medical
Center
2/16/12
Niagara
Supreme
Passenger: Van's passenger claimed crash
caused spinal injuries
Larry Lewis, Buffalo, NY of Lewis and Lewis, P.C.
$125,000
Healy v. Healy
6/21/12
Onondaga
Supreme
Passenger: Car crash's parties disputed
right of way
Jeffrey G. Pomeroy, Syracuse, NY of Greene & Reid, PLLC
$112,500
Morse v. Hewitt
3/19/12
Orange
Supreme
Passenger: Car struck lamppost; passenger
sustained lacerations of face
Lawrence A. Breslow, Poughkeepsie, NY of Rutberg Basso Personal Injury
Law
$100,000
Sandurs v. Valenti
2/1/12
Suffolk Supreme
Passenger: Car crash caused tear of
shoulder, plaintiff claimed
Denny Brown, Ronkonkoma, NY of Gruenberg Kelly Della
$100,000
Jackson v. Hamilton
1/13/12
Schenectady
Supreme
Passenger: Taxi accident caused spinal
injuries, fare claimed
John R. Massaroni, Schenectady, NY of Capasso & Massaroni, L.L.P.
$100,000
Jordan v. City of Yonkers
1/10/12
Westchester
Supreme
Passenger: Car crash's parties disputed
right of way
Margaret H. Mayo, New York, NY of Gaffin & Mayo, P.C.;
$100,000
Pilatos v. Vankasten
1/30/12
Queens
Supreme
Passenger: Vehicles collided during
side-by-side turns
Costas M. Eliades, New York, NY of Law Offices of Costas M. Eliades
$92,500
Murphy v. O'Malley
4/17/12
Queens
Supreme
Passenger: Parkway accident caused spinal
injury, plaintiff claimed
Brad A. Kauffman, New York, NY of The Law Office of Brad A. Kauffman,
PLLC
$85,000
Ontman v. Denenberg
4/19/12
Kings Supreme
Passenger: Car crash caused neck, knee,
shoulder injuries, plaintiff claimed
$75,000
Dijol v. Ivezaj
5/16/12
Kings Supreme
Passenger: Car crash caused injuries of
shoulder, spine, plaintiff claimed
Raymond Panek, New York, NY of Elefterakis & Elefterakis
$50,000
Oliver v. Brereton-Spain
5/3/12
Onondaga
Supreme
Passenger: Car crash's parties each
claimed right of way
Amy M. Vanderlyke, Syracuse, NY of Sugarman Law Firm, LLP
$25,000
38
12/14/12 4:34:19 PM
2012
TOP SETTLEMENTS NY
Motor Vehicle Accident - Pedestrians
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Russo v. Scheidt & Bachmann USA Inc.
6/19/12
Orange
Supreme
Man hit by car during aftermath of
highway accident, lost leg
Scott E. Rynecki, Brooklyn, NY of Rubenstein & Rynecki
$7,000,000
Gonchar v. Jimenez
1/17/12
Richmond
Supreme
Plaintiff hit by truck, sustained degloving
injuries of lower body
Paul J. Edelstein & Daniel Thomas, New York, NY of The Edelsteins,
Faegenburg & Brown LLP, New York, NY, trial counsel, Boris Zivotov, Esq.
P.C., Brooklyn, NY
$5,250,000
Oliver & Berry v. American Cargo Express
4/3/12
Bronx Supreme
Plaintiffs crossing street struck in
intersection by left-turning van,
sustained injuries
Mitchell Koval, Zemsky & Salmon, P.C., Hempstead, NY (for Berry), Patrick $2,775,000
J. Mullaney, Mullaney & Gjelaj, PLLC, Middle Vilage, NY, trial counsel, Law
Office of Michael T. Ridge, Bronx, NY (for Oliver)
Wattie v. Lake Shore Central Schools
4/20/12
Erie Supreme
Bus driver ran red light, struck and killed
man, estate alleged
Joseph (Jed) E. Dietrich, III, Amherst, NY of The Dietrich Law Firm, P.C.
$2,400,000
Wong v. New York City Transit Authority
4/23/12
Queens
Supreme
Distracted bus driver didn't notice pedestrian, suit alleged
Joseph S. Rosato, New York, NY of Rosato & Lucciola, P.C.
$2,100,000
Estate of Grant v. M.A.B.S.T.O.A.
2/28/12
Bronx Supreme
Man hit by bus died after coma,
amputation
Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg &
Brown
$2,000,000
Chanko v. Action Carting Environmental
Services Inc.
4/30/12
New York
Supreme
Inattentive trucker backed into fatal
accident, suit alleged
Jonathan S. Damashek, New York, NY of Hecht, Kleeger & Damashek, P.C.
$1,500,000
Demma v. New Hartford Central School
District
1/24/12
Oneida Supreme
Teen struck by car after exiting school bus
Marc Jonas, Utica, NY of Law Offices of Marc Jonas
$1,300,000
Hellman v. Pittari
6/12/12
Richmond
Supreme
Man struck by car, sustained fractures and
degloving injury
Jonathan D'Agostino, Staten Island, NY of Jonathan D'Agostino &
Associates, PC
$1,250,000
Kallem v. Mandracchia
6/18/12
Queens
Supreme
Driver didn't yield while leaving parking
lot, injured man claimed
Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP
$1,250,000
Estate of Jimenez v. Premier Contracting
of New York Inc.
1/31/12
Bronx Supreme
Construction firms didn't provide spotter
for truck driver: suit
Pat James Crispi, New York, NY of Keogh Crispi, P.C.
$1,200,000
White v. New York City Transit Authority
2/9/12
Richmond
Supreme
Fatal accident blamed on bus driver's
failure to yield
Michael J. Kuharski, Staten Island, NY of Kuharski,
Levitz & Giovinazzo, Esqs.
$1,000,000
39
12/14/12 4:34:23 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Herrera v. Lever
4/17/12
Kings Supreme
Plaintiff claimed driver sped through red
light and struck him
$975,000
Father Carlos Lopez Acosta v. Sphinx
Transportation
11/13/12
Bronx Supreme
Illegally parked vehicles obstructed view
of driver who struck plaintiff causing brain
injuries
John D. Zaremba of Zaremba Brownell & Brown PLLC
$912,000
Tatishev v. The City of New York
4/25/12
New York
Supreme
Plaintiff contended that officer was driving
recklessly
Liza Milgrim, New York, NY of Sullivan Papain Block McGrath &
Cannavo P.C.
$900,000
Martinez v. Perla Express Inc.
5/30/12
Queens
Supreme
Garage's attendant was struck by
reversing vehicle
Jordan D. Hecht, New York, NY of Hecht, Kleeger, Pintel & Damashek
$825,000
Marriner v. Pierce
5/4/12
Albany Supreme
Tow truck's operator hit while attending
to disabled vehicle
Kevin A. Moss, Altamont, NY of Law Office of Kevin A. Moss; John K. Powers, Albany, NY of Powers & Santola, LLP, Albany, NY, of counsel
$675,000
Malmed v. State of New York
7/7/12
Ct. of Claims,
Binghamton
Motor Vehicle:Pedestrian knockdown
Richard S. Vecchio of Worby Groner Edelman, LLP, White Plains, NY
$600,000
Hanif v. Stern
4/25/12
Kings Supreme
Inattentive driver backed into collision,
pedestrian claimed
Costas M. Eliades, New York, NY of Law Offices of Costas M. Eliades, P.C.
$500,000
Patel v. Ministry on Wheels Inc.
7/19/12
Kings Supreme
Man hit by bus claimed driver strayed left
in traffic
Kenneth A. Wilhelm, New York, NY of Law Offices of Kenneth A. Wilhelm
$450,000
Graser v. Falcone
3/15/12
Onondaga
Supreme
Speeding, impaired driver struck pedestrian, suit alleged
Thomas F. Shannon, Syracuse, NY of Lynn Law Firm
$400,000
Fedorova v. Enterprise FM Trust
6/8/12
New York
Supreme
Plaintiff hit by car, claimed driver ran red
light
Andrew J. Levine & Howard A. Raphaelson, New York, NY of Raphaelson
& Levine Law Firm P.C.
$365,000
Ritums v. North Shore University Hospital
1/11/12
Queens
Supreme
Ambulance's driver not attentive to road
conditions, suit alleged
Michael E. Glynn, Brooklyn, NY of Law Office of Yuriy Prakhin, P.C.
$360,000
Tonnessen v. Soil Solutions Inc.
6/5/12
Kings Supreme
Turning driver failed to yield, injured
pedestrian claimed
Andrew J. Levine & Howard A. Raphaelson, New York, NY of Raphaelson
& Levine Law Firm, P.C.
$225,000
George Lehner v. Kimberly A. Coffey and
John Coffey
11/12/12
Suffolk Supreme
Pedestrian: Motorist’s inattention caused
plaintiff to be struck by car while crossing
street.
Erik L. Gray & Amy Rosenbloom, New York, NY ofWeiss & Rosenbloom,
P.C., New York, NY
$225,000
Ndesanjo v. MTA Bus Co.
4/29/12
New York
Supreme
Bus's plow blocked driver's view of pedestrian, suit alleged
Stuart Wagner, New York, NY of Morrison & Wagner, LLP
$200,000
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40
12/14/12 4:34:27 PM
LIPSIG, SHAPEY, MANUS & MOVERMAN
For decades, the law firm of Lipsig, Shapey, Manus & Moverman has successfully represented thousands of injured individuals and
families involved in personal injury or wrongful death cases, recovering hundreds of millions of dollars. Throughout the years, we have
been privileged to have had hundreds of our fellow practitioners refer us their personal injury matters, to be handled in our own personalized and experienced manner. Our reputation with co-counsel in such cases speaks for itself. Should you or your law firm wish us to
review and litigate serious personal injury matters, do not hesitate to contact us at 212-285-3300, or visit us online at www.lipsig.com.
#1 SETTLEMENT FOR 2012
“Jane Doe” vs. NYCTA, settled on 12/11/12 for $17 million - Queens Supreme
Plaintiff was a pedestrian struck by a NYCTA bus and lost one leg, one arm and the sight in one eye.
# 29 OF THE TOP 30 NY SETTLEMENTS OF 2012!
#3 case of the Premises Liability - Negligent Repair/Maintenance NY Settlements of 2012!
Aquila v. Horizon House Co. LLC - $3,000,000 Settlement - Queens Supreme
Repairs worsened dangerous stairway, plaintiff claimed
#12 of the Premises Liability - Negligent Repair/Maintenance NY Settlements of 2012!
Mirakaj v. Empire Condominium - $700,000 Settlement - Bronx Supreme
Sloppy shoveling work made sidewalk dangerous, suit alleged
ADDITIONAL SETTLEMENTS
Cruickshank v. 536 W. 54th LLC A, et al. Supreme Kings. Labor law - fall from ladder. Settled for $3,000,000.
Rudder v. 225 Parkside Associates, et al. Supreme Kings. Failure to maintain sidewalk outside commercial store. Settled for $1,950,000.
Gjona v. Calabrese, et al. Supreme Kings. Passenger in two-car, left-turn accident. Settled for $1,100.000.
Lipsig, Shapey, Manus & Moverman, P.C. | 40 Fulton St., 25th Floor, New York, NY 10038 | Phone: 212-285-3300 | Fax: 212-406-4544 | www.lipsig.com
12/14/12 4:34:32 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Amy v. Urwin
2/7/12
Kings Supreme
Man pinned by car, claimed he sustained
tears of shoulder
Marilyn Nelson-Cashman, New York, NY of The Cashman Law Firm
$185,000
Merrill v. Platt
5/21/12
Suffolk Supreme
Verbal dispute ended with man being hit
by car, suit alleged
$150,000
Zimmerman v. Dwyer
4/2/12
Dutchess
Supreme
Intoxicated driver sped through crowd,
struck man, suit alleged
Lawrence A. Breslow, Poughkeepsie, NY of Rutberg & Basso Personal
Injury Law
$100,000
Schermerhorn v. Turner
3/14/12
Otsego Supreme
Snowboarder hit by truck, claimed driver
lost control
Stephen P. Joyce, Sherburne, NY of Joyce and Holbrook
$100,000
Seo v. Lo
4/3/12
Queens
Supreme
Suit's parties debated site of collision
between car and woman
$100,000
Kim v. Chu
2/10/12
Queens
Supreme
Woman toppled in collision with scooterriding policeman
$100,000
Wagner v. Johnson
5/1/12
Ulster Supreme
Man was struck while crossing road
Alfred B. Mainetti, Kingston, NY of Mainetti, Mainetti & O'Connor, PC
$97,000
Frazier v. New York City Transit Authority
6/23/12
Queens
Supreme
Plaintiff claimed bus driver pulled out of
stop and struck him
$95,000
Chung v. Adjepong
1/23/12
Queens
Supreme
Sun's glare not an excuse for car accident,
plaintiff claimed
$85,000
Ritter v. Popovici
5/8/12
Monroe
Supreme
Motorist didn't notice trailer on road,
plaintiff claimed
Scott Carlton, Rochester, NY of Cellino & Barnes, P.C.
$45,000
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Tiabo v. Fire Systems Inc.
7/17/12
Kings Supreme
Question of Lights: Motorist turned
through red light, caused crash, plaintiff
claimed
Scott Occhiogross & Daniel P. O'Toole, New York, NY of Block O'Toole
& Murphy, LLP, New York, NY, trial counsel, Elliot Ifraimoff & Associates,
P.C., Forest Hills, NY
$4,000,000
Cosimo v. Debski
3/7/12
Suffolk Supreme
Intersection accident resulting in fatality,
question of lights
S. Joseph Donahue & Jeffrey A. Block of Block O'Toole & Murphy, LLP,
New York, NY
$3,000,000
Cassisi v. City of New York and Berrios
7/8/12
Bronx Supreme
Intersection: Plaintiff's vehicle struck by
NYC street sweeper vehicle, question of
lights
John M. Hochfelder (lead). Law Firm of John M. Hochfelder, White Plains,
NY and Nick Gjelaj, Mullaney & Gjelaj, Middle Village, NY
$2,600,000
Felton v. Tourtoulis
1/27/12
Nassau Supreme
Stop Sign: Car crash aggravated spinal
woes, plaintiff claimed
Adam D. Cahn, New York, NY of Sakkas, Cahn & Weiss, LLP; Mitchel E.
Weiss, New York, NY of Sakkas, Cahn & Weiss, LLP
$650,000
Dumont v..Dusowitz
10/10/12
Kings Supreme
Red Light: Motorist ignored red light, plaintiff sustained head, neck and back injuries
Alan J. Stern, Alan J. Stern, P.C., Garden City, NY
$500,000
Arenas v. Schwonke
3/20/12
Monroe
Supreme
Red Light: Car crash caused injuries of
spine, shoulder, plaintiff claimed
Richard P. Amico, Rochester, NY of Cellino & Barnes, P.C.; Nicholas Davis,
Rochester, NY of Cellino & Barnes, P.C.
$400,000
Gerace-Murdent v. Kimmerer
6/18/12
Onondaga
Supreme
Stop Sign: Motorist skidded through stop
sign, caused crash, suit alleged
James B. Fleckenstein, Syracuse, NY
$150,000
Liberty v. Senchack
9/10/12
Rensselaer
Supreme
Stop Sign: Motorist ignored stop sign,
caused crash, plaintiff claimed
Michael T. McGarry, Newburgh, NY of Finkelstein & Partners, LLP
$125,000
Maskell v. Leroy
1/9/12
Dutchess
Supreme
Red Light: Driver lurched through red
light, caused crash, plaintiff alleged
Richard Greenblatt, Poughkeepsie, NY of Rutberg Injury Law
$112,500
Paravizzini v. Allstate Insurance Co.
2/10/12
American Arbitration Association
Red Light: Motorist ignored red light,
caused crash, claimant alleged
Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.
$100,000
Price v. Kennerly
3/23/12
Albany Supreme
Stop Sign: Injury's neurological deficits
affect work, carpenter claimed
Michael Emminger, Newburgh, NY of Finkelstein & Partners LLP
$100,000
Detraglia v. Grant
4/18/12
Saratoga
Supreme
Intersection: 15-year-old passenger in
sister's vehicle struck by the defendant
Thomas A. Conway, Latham, NY of Conway & Kirby, L.L.P.
$100,000
Brzostek v. Baye
6/7/12
Onondaga
Supreme
Right Turn: Motorist's ill-advised attempt
to pass caused accident, suit alleged
Joanne Van Dyke, Syracuse, NY of Cote & Van Dyke LLP
$84,000
Park v. Kwon
7/16/12
Queens
Supreme
$75,000
Kuzmik v. Gray
5/14/12
Orange
Supreme
Stop Sign: Motorist disregarded stop sign,
caused crash, plaintiff alleged
Richard Greenblatt, Poughkeepsie, NY of Rutberg Basso Personal Injury
Law
$70,000
Kim v. Perry
1/17/12
Queens
Supreme
Question of Lights: Car crash's parties
each claimed right of way
$50,000
Ventura v. Min
4/25/12
Monroe
Supreme
Stop Sign: Elderly plaintiff claimed accident
ended her independence
Joel Schecter, Buffalo, NY of Watson, Bennett, Colligan, Johnson & Schechter
$50,000
Fox v. Montes-Raya
5/17/12
Niagara
Supreme
Question of Lights: Car crash's parties
disputed right of way
John Sheehan, Buffalo, NY of Cellino & Barnes P.C.
$30,000
Longo v. Delgado
7/18/12
Sullivan Supreme
Stuart W. Mosbacher, Middletown, NY of Sobo & Sobo L.L.P.
$25,000
Burgos-Roberts v. Brinson
7/26/12
Sullivan Supreme
Question of Lights: Car crash caused injuries of back and neck, plaintiff claimed
Gus P. Fotopoulos, Middletown, NY of Sobo & Sobo, LLP
$20,000
42
12/14/12 4:34:37 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Pilatos v. Vankasten
1/19/12
Queens
Supreme
Right Turn: Motorist turned from wrong
lane, plaintiff claimed
Dennis S. Matarangas, New York, NY of Bournazos & Matarangas, P.C.
$7,000
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Proila v. Mike Smith Buick Pontiac Inc.
3/12/12
Erie Supreme
Car crash caused fractures of hip, spine,
plaintiff claimed
Charles Cobb, Buffalo, NY of Collins & Collins LLC; William B. Collins,
Buffalo, NY of Collins & Collins LLC
$2,300,000
Murphy v. Trongone
2/6/12
Westchester
Supreme
Traffic accident caused injuries of neck,
shoulder, plaintiff claimed
Michael B. Ronemus, New York, NY of Ronemus & Vilensky
$2,250,000
Hernandez v. Advance Transit Co, Inc.,
et. Al
11/13/12
Bronx Supreme
Rear-ender: Passenger in accessible bus
struck by pick-up truck, aggravating prior
injuries & requiring back surgery
Alan J. Stern, Garden City, NY, of Alan J. Stern P.C.
$2,075,000
Hajdari v. Deazamieses
7/17/12
Bronx Supreme
Car crash caused injuries of spine, plaintiff
claimed
S. Joseph Donahue, New York, NY of Block O'Toole & Murphy, LLP
$1,250,000
Carrasco v. Radomski
4/12/12
New York
Supreme
Traffic accident ruptured fused area of
spine, plaintiff claimed
Jay S. Hausman, Harrison, NY of Hausman & Pendzick; Elizabeth M. Pendzick, Harrison, NY of Hausman & Pendzick
$825,000
Rotondi v. Scarsdale Union Free School
District
4/26/12
Westchester
Supreme
Plaintiff broke heel and shin in vehicular
accident
Nicholas E. Tzaneteas, Mineola, NY of Law Office of Stephen H. Frankel
$775,000
Spencer v. Castle Oil Corp.
7/11/12
Bronx Supreme
Tailgating driver wasn't ready for sudden
stop, plaintiff claimed
$750,000
Bell v. Weingartner
5/21/12
Suffolk Supreme
Car crash caused injuries of back, shoulder, Denny Brown, Ronkonkoma, NY of Gruenberg Kelly Della
plaintiffs claimed
$700,000
Scaplehorn v. New York Central Mutual
Insurance Co.
6/4/12
American
Arbitration
Association
Car crash caused spinal injuries, claimant
contended
Christina M. Killerlane, White Plains, NY of Killerlane Law Offices
$500,000
Winnicki v. Crowley
3/22/12
Monroe
Supreme
Platintiff's 'minor' injury became 'major' as
time passed
Peter T. Rodgers, Rochester, NY of Lacy, Katzen, Ryen & Mittleman, LLP
$175,000
Roberts v. McMurray
4/2/12
Clinton Supreme
Car crash led to jaw disorder, plaintiff
claimed
Donald W. Biggs, Albany, NY of O'Connell and Aronowitz, PC
$150,000
Alan S. Ripka, Esq.
is honored to have achieved
many Top NY Settlements in 2012
$1,250,000 - Top Three in Motor Vehicle
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New York, NY 10118
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43
12/14/12 5:14:55 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Py v. Liberty Mutual Insurance Co.
4/13/12
Matter not filed
Car crash caused tears of knee, ankle,
claimant alleged
$143,500
Dolen v. Vota Electrical & Construction
Inc.
6/18/12
Suffolk Supreme
Plaintiff claimed highway crash led to five
surgeries, disability
Daniel Del Luca, Ronkonkoma, NY of Daniel Williams & Associates; E.
David Woycik, Jr., Mineola, NY of Sanders, Sanders, Block, Woycik, Viener
& Grossman, P.C.
$125,000
Manzello v. Iorio
3/28/12
Suffolk Supreme
Auto accident caused damage of nerve,
plaintiff claimed
$100,000
Raymond Febres v. GEICO
5/19/12
American
Arbitration
Association
Claimant’s car was rear ended while
stopped for toll, which caused permanent
back injury
Erik L. Gray, Weiss & Rosenbloom, P.C., New York, NY
$100,000
Freligh v. Fitzgerald
5/1/12
Ulster Supreme
Traffic accident caused brain injury, plaintiff
claimed
John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello LLP
$100,000
Jones v. Elias
4/5/12
Ulster Supreme
Car crash led to fusion of neck, plaintiff
claimed
Michael H. Forrester, New Windsor, NY of Silver, Forrester & Lesser, P.C.
$100,000
Luke v. Whalen
1/3/12
Onondaga
Supreme
Motorist not mindful of icy conditions,
plaintiff claimed
James L. Alexander, Syracuse, NY of Alexander & Catalano, L.L.P.
$90,000
Fusco v. McGuigan
2/29/12
Dutchess
Supreme
Traffic accident caused partial disability,
therapist claimed
Lawrence A. Breslow, Poughkeepsie, NY of Rutberg Personal Injury Law
$75,000
Ahearn v. Orr
5/11/12
Ulster Supreme
Car crash caused debilitating spinal injuries, plaintiff claimed
Jeff Brody, Kingston, NY of Jeff Brody & Associates
$75,000
Wood v. Schillinger
3/12/12
Ulster Supreme
Traffic accident caused injuries of face,
neck, plaintiff claimed
Eli B. Basch, Kingston, NY of Basch & Keegan, L.L.P.
$75,000
Whittaker v. Hanlon
2/23/12
Ulster Supreme
Multi-car accident caused shoulder tear,
plaintiff claimed
Daniel G. Heppner, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello
$70,000
Levitch v. MacNeil
3/12/12
Dutchess
Supreme
Car crash caused injuries of jaw, spine,
breast, plaintiff claimed
Richard Greenblatt, Poughkeepsie, NY of Rutberg Basso
Personal Injury Law;
$50,000
Henriksen v. Wascarys
7/26/12
Ulster Supreme
Car crash caused concussion, ankle fracture, plaintiff claimed
Alfred B. Mainetti, Kingston, NY of Mainetti, Mainetti & O'Connor, PC
$45,000
VanNostrand v. Wilcox
3/2/12
Fulton Supreme
Traffic accident caused back, head injuries,
plaintiff claimed
Robert Abdella, Gloversville, NY of Abdella Law Offices
$42,500
Motor Vehicle Accident - Negligent Operation
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Bookless v. Action Carting
5/7/12
Putnam
Supreme
Driver Fatigue: Highway crash blamed on
sleepy trucker
$4,250,000
Singh v. Dynamic Automation Systems
Inc.
5/31/12
Queens
Supreme
Broadside: Motorist slow to react to
emergency, plaintiff claimed
Robert Alan Saasto of Hicksville, NY, trial counsel ; Paul F. Oliveri, New
York, NY of Oliveri & Schwartz, P.C.
$2,500,000
Swindell v. Morris
7/17/12
Bronx Supreme
Sideswipe: Motorist wandered during turn,
Stephen J. Murphy (lead) & David L. Scher, New York, NY of Block
$1,050,000
Fritz v. Crapser
4/1/12
Ulster Supreme
Side Swipe: Defendant crossed into
oncoming lane causing back injury
John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner, & Martuscello LLP
$250,000
Ackerman v. WM J. Keller & Sons Construction Corp.
8/28/12
Rensselaer
Supreme
Speeding: Car crash blamed on driver's
disregard for snowy conditions
Matthew J. Kelly, Albany, NY of Roemer Wallens Gold & Mineaux LLP
$225,000
Miller v. Trident Insurance Company
8/1/12
Ulster Supreme
Uninsured Motorist Claim Hit and Run
driver caused plaintiff back injuries
$175,000
Ernest & Caralee Henkel v. Estate of Daryl
Spencer
3/1/12
Ulster Supreme
Head-on Collision: Defendant driving
wrong way on one way street causes
head on crash
$ 175,000
Biton v. Weiss
7/27/12
Kings Supreme
Speeding: Speeding driver's wide turn
Justin S. Blash, New York, NY of New York, NY, trial counsel, Michael N.
David
$150,000
Rivera v. Hughes
4/1/12
Suffolk Supreme
Single Vehicle: Boyfriend didn't disclose
car's brake problem, plaintiff claimed
Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg
Kelly Della
$100,000
Dayton v. Shen
5/14/12
Ulster Supreme
U-Turn: Trucker claimed shoulder injury
prevents resumption of work
John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello LLP
$100,000
Cutolo v. Allstate Property & Casualty
Insurance Cos.
3/1/12
Ulster Supreme
Underinsured Motorist: Car crash caused
knee, wrist injuries, plaintiff claimed
Regina Fitzpatrick, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.
$40,000
Persabch v. Sausa
1/18/12
Suffolk Supreme
U-Turn: Motorist's turn across traffic led
to accident, plaintiff claimed
Matthew Marino, Medford, NY of Jacoby & Jacoby
$20,000
Sabatino v. Williams
5/29/12
Suffolk County
Traffic Offenses: Car crash caused back,
neck, shoulder injuries, plaintiff claimed
Leo G. Bevolas, Melville, NY of Kenneth M. Mollins, P.C.
$7,500
44
12/14/12 4:34:50 PM
Premises Liability
Premises Liability
Premises Liability - Gym Accident
Premises Liability - Negligent Repair/Maintenance
12/14/12 4:34:53 PM
2012
TOP SETTLEMENTS NY
Premises Liability
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Kramer v. Cury, Chan, et. al.
5/30/12
Bronx Supreme
Repair shop's patron claimed plumbing
trench a hazard
Ylber Albert Dauti; The Dauti Law Firm, P.C.; New York, NY
$1,760,000
Hector Cruz v. One Hanover LLC
11/12/12
New York
Supreme
Plaintiff claimed a traumatic brain injury after
falling down stairs of restaurant
John D. Zaremba of Zaremba Brownell & Brown PLLC
$725,000
Becker v. 150 Haven Associates, L.P. et al.
11/19/12
New York
Supreme
Lead Paint exposure: Settlement for individual
who was exposed to lead paint in his family’s
apartment when he was an infant
$500,000
MacFarlane v. 31 Union Square West, LLC
2/17/12
New York
Supreme
Dangerous Condition: Restaurant's steps
difficult to notice, injured patron claimed
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$450,000
Singh v. 111-55 77th Realty LLC
2/28/12
Queens
Supreme
Dangerous Condition: Building's entryway
step not noticeable, deliveryman claimed
Matthew C. Lombardi, New York, NY of Tolmage, Peskin, Harris & Falcik
$300,000
Lianandonakis v. Petco
5/9/12
Suffolk Supreme
Dangerous Condition: Parking lot's ramp
not noticeable, plaintiff claimed
$125,000
T
Premises Liability - Gym Accident
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Mellampe v. Bally Total Fitness of Greater
New York Inc.
2/15/12
Bronx Supreme
Premises Liability: Gym: Fitness club's patron
hurt when other patron dropped bench
Nancy M. McGee, Kew Gardens, NY of Wisell & McGee; John T. Wisell,
Kew Gardens, NY of Wisell & McGee
$1,400,000
Mellon v. Crunch
2/21/12
Kings Supreme
Premises Liability: Gym accident: Personal
trainer oversaw risky exercise, plaintiff alleged
Andrew J. Smiley, New York, NY of Smiley & Smiley, L.L.P.
$300,000
i
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Jackson v. Three Nickels, LLC
6/20/12
Kings Supreme
Defective shower burned tot, mother claimed
Jonathan S. Damashek, New York, NY of Hecht Kleeger & Damashek, PC
$4,000,000
Reeves v. 1710 Broadway, LLC
2/27/12
Queens
Supreme
Icy conditions caused leak on stairway,
plaintiff claimed
Bryan J. Swerling, New York, NY; Aaron G. Baily, White Plains, NY of The
Law Office of Aaron G. Baily
$3,250,000
Aquila v. Horizon House Co. LLC
6/29/12
Queens
Supreme
Repairs worsened dangerous stairway,
plaintiff claimed
$3,000,000
Perez v. Menford Realty Corp.
8/30/12
Bronx Supreme
Infant poisoned by apartment's lead-based Philip Monier, III, New York, NY of Levy, Phillips & Konigsberg, LLP
paint, suit alleged
$2,700,000
Mariash v. 1230 Brook Avenue Corp.
5/10/12
New York
Supreme
Building's entryway landing a hazard,
plaintiff alleged
Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.
$1,700,000
Tiongson v. 5100 Sunrise, LLC
3/15/12
Kings Supreme
Stairway's repair created new hazard,
plaintiff claimed
Kostantinos Mallas, Brooklyn, NY of Georgaklis & Mallas PLLC, Brooklyn,
NY, trial counsel, Crasto & Associates
$1,650,000
Vallar v. New York City Health and Hospitals Corp.
3/8/12
Queens
Supreme
Hospital too slow to address puddle,
plaintiff claimed
Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz
Schatz & Frederick, L.L.P.
$1,000,000
Bailey v. Conway Stores Inc.
3/14/12
Kings Supreme
Store's stairway littered with debris,
injured customer alleged
Nicholas I. Timko, New York, NY of Kahn, Gordon, Timko & Rodriques,
P.C.
$925,000
Garcia v. Westbury Meat Corp.
6/18/12
Nassau Supreme
Market's customer: Unchecked drainage
setup caused hazard
Stephen J. Murphy (lead) & Christopher F. Holbrook, New York, NY of
$900,000
Bertrand v. New York City Housing Authority
3/30/12
Kings Supreme
Inexperienced repairman caused
explosion, family alleged
Vito A. Cannavo & Frank V. Floriani, New York, NY of Sullivan Papain Block
McGrath & Cannavo P.C.
$875,000
Riley v. OTIC Professional Condominium
4/5/12
New York
Supreme
Condo's operators ignored cracked
walkways, suit alleged
Ronald J. Katter, New York, NY of Law Office of Ronald Katter
$850,000
Mirakaj v. Empire Condominium
3/27/12
Bronx Supreme
Sloppy shoveling work made sidewalk
dangerous, suit alleged
$700,000
Ortiz v. Dames
1/30/12
Kings Supreme
Infant scalded in sink; mother blamed
faulty boiler and faucet
Edward A. Steinberg, New York, NY of Leav & Steinberg LLP
$525,000
Urrutia v. Old Westbury Golf & Country
Club Inc.
1/11/12
Nassau Supreme
Country club's stairs a slippery hazard,
deliveryman claimed
Kevin T. Grennan, Garden City, NY of Law Offices of Kevin T. Grennan,
PLLC
$500,000
Ingrassia v. Simon Property Group Inc.
6/1/12
Nassau Supreme
Maintenance crew overlooked mall's icy
sidewalk, suit alleged
Stuart L. Finz (lead) & Todd M. Rubin, Mineola, NY of Finz & Finz, P.C.
$465,000
Spohn-Lind v. Casarella Foreign and
American Car Auto Repair Inc.
3/29/12
Westchester
Supreme
Plaintiff claimed she slipped on ice at
gasoline station
$450,000
Palmer v. Patchen Avenue Cluster Housing Development Fund Corp.
2/7/12
Kings Supreme
Building's fire-escape ladder not safe,
repairman claimed
Alan S. Ripka, New York, NY of Napoli, Bern, Ripka, Shkolnik, LLP
$450,000
Fragaso v. Parapi
6/12/12
Queens
Supreme
Apartment building's tenant tore Achilles
tendon in fall on stairs
Andrew M. Laskin, New York, NY of Robinson & Yablon, PC
$425,000
Moschella v. Moschella
3/12/12
Richmond
Supreme
Landlord ignored stairway's defect, tenant
claimed
Edward J. Pavia, Jr., Staten Island, NY of Jonathan D'Agostino & Associates,
P.C.
$400,000
Gray v. Dykes Lumber Co Inc
9/20/12
Kings Supreme
Lumber yard's operator ignored icy
parking lot, patron claimed
Herbert Moreira-Brown, Bronx, NY of Law Offices of Herbert MoreiraBrown
$350,000
46
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12/14/12 4:34:58 PM
The Dauti Law Firm, P.C.
45 Broadway, Suite 3020, New York, NY 10006
Phone: (212) 566-4891 Fax: (212) 271-3314
www.dautilaw.com
The Dauti Law Firm, P.C. represents
a diversified group of clients, both
individuals and companies, in
domestic and international civil and
commercial litigation matters.
The Firm uses its knowledge of
many aspects of the law to develop
innovative strategies for negotiation
and litigation with a single objective:
To reach the best results for its clients
in the shortest possible period of time.
Mr. Dauti is a life member of MILLION DOLLAR ADVOCATES FORUM®
MULTI-MILLION DOLLAR ADVOCATES FORUM TM
The Top Trial Lawyers In AmericaTM
#1 SETTLEMENT IN NEW YORK
Ylber Albert Dauti is honored to be included in the Top New York Verdicts/Settlements for the fourth year in a row and to
have the #1 reported settlement in Premises Liability for 2012 in New York.
$1.76 million award on Kramer v. Curry, et.al., (2012)
In the past Mr. Dauti has also been featured with million dollar awards:
$1.2 million award on Bajrami v. 5400 Company, et.al. (2011)
$1.81 million award on John & Jane Doe v. ABC Corp. (Mediated Confidential Settlement - 2011)
$2.225 million award on Xhaferri v. Housing Partnership Development Corp., et. al. (2010)
$1.68 million award on Maliqi v. 17 E. 89th Street Tenants, Inc., et.al., where at the time of trial plaintiff was in
deportation immigration proceedings (2009).
Mr. Dauti has been practicing civil litigation in New York for over a decade and he is also a duly licensed Solicitor in England
and Wales.
Mr. Dauti has successfully tried and settled numerous civil actions on behalf of both his own clients and those referred to
him by other attorneys. He continues to successfully champion the rights of undocumented workers to recover in personal
injury cases.
The Dauti Law Firm, PC handles cases involving construction accidents, wrongful death, general liability, automobile
accidents involving serious injuries, commercial litigation, international transactions and international arbitration.
Mr. Dauti speaks several languages and he is a member of various national and international bar associations.
12/14/12 4:35:02 PM
2012
TOP SETTLEMENTS NY
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Rolack v. AP-Amsterdam 526 West 161st
LLC
3/1/12
Bronx Supreme
Mold was ignored until ceiling collapsed,
plaintiff claimed
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$295,000
Blandford v. Hess Corp.
7/17/12
Chemung
Supreme
Gas station's manager ignored icy conditions, patron alleged
Scott C. Gottlieb, Binghamton, NY of Law Offices of Scott C. Gottlieb
and Associates, LLP
$250,000
Lopez v. Pastilha
4/24/12
Bronx Supreme
Apartment's terrace cracked and slippery,
guest claimed
Eric H. Morrison, New York, NY of Morrison & Wagner
$250,000
Desprez v. 840 Realty LLC
5/1/12
Kings Supreme
Building's porter ignored slippery stairs,
suit alleged
Stuart Wagner, New York, NY of Morrison & Wagner
$225,000
Temple v. NYC Transit Authority
9/11/12
Bronx Supreme
Subway station's stairs an icy hazard,
commuter alleged
Lee M. Huttner, New York, NY of trial counsel, Silbowitz, Garafola, Silbowitz, Schatz & Frederick LLP
$200,000
Degtareva v. Kaplan Employment Agency,
Inc
3/29/12
Kings Supreme
Business's owners ignored damaged
sidewalk, suit alleged
Stuart Wagner, New York, NY of Morrison & Wagner
$200,000
Stanton v. Briarcliff College Inc.
2/9/12
Suffolk Supreme
Accident a result of years of poor maintenance, plaintiff claimed
Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg
Kelly Della
$199,000
LaPosta v. Follini
5/16/12
Rensselaer
Supreme
Landlord's failure to fix door led to rape,
tenant claimed
Nancy Y. Morgan, Newburgh, NY of Finkelstein & Partners, LLP
$190,000
Quarantino v. Hess Corp.
8/28/12
Ulster Supreme
Gas station's patron claimed he tripped
on mat
David F. Kunz, Albany, NY of DeGraff, Foy & Kunz, LLP
$150,000
Nadler v. Churchill Corporate Services Inc.
6/8/12
New York
Supreme
Landlords ignored broken toilet, plaintiff
claimed
Frank V. Kelly, Bronx, NY of William A. Gallina
$150,000
Baez v. Sullivan County Community College
2/28/12
Sullivan Supreme
College's staff didn't clear icy walkway,
student alleged
Robert M. Ginsberg, New York, NY of Ginsberg & Wolf, P.C.
$150,000
Vinette v. Sunburst Associates
5/9/12
Onondaga
Supreme
Landlord painted steps but didn't fix them, Peter Catalano, Syracuse, NY of Alexander & Catalano, L.L.P.
tenant claimed
$135,000
Kane v. Turf Parillo, LLC
6/15/12
Onondaga
Supreme
Hotel's parking lot icy and poorly lighted,
injured guest claimed
Patricia A. Lynn-Ford, Syracuse, NY of Lynn Law Firm
$125,000
James v. Western Beef Retail Inc.
3/20/12
Queens
Supreme
Supermarket's leaky package created
hazard, patron alleged
Alexandra F. Pinilla, Forest Hills, NY of Morton Povman, P.C.
$125,000
Chriss v. Ryckman Realty Co. Inc.
8/29/12
Albany Supreme
Landlord ignored icy parking lot, tenant
claimed
Christopher P. Meyer, Albany, NY of Edward P. Ryan
$124,500
A LAN J S TERN
Law Office of
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Garden City,
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Call us at:
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48
Law Office of Alan J. Stern , a premier New York personal injury firm,
is proud to have several highly ranked cases in this year’s
Top Settlements NY 2012, including a #3 case in Motor Vehicle.
We have over 30 years representing clients on the following matters:
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12/14/12 4:35:11 PM
Products Liability
Products Liability
49
12/14/12 4:35:14 PM
2012
TOP SETTLEMENTS NY
Products Liability
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
LaPera v. Gabrielli Truck Sales Ltd.
1/24/12
Nassau Supreme
Design Defect: Worker burned when
truck spilled hot asphalt
David J. Dean, New York, NY of Sullivan Papain Block McGrath &
Cannavo PC
$6,000,000
Suttle v. Hayden Manufacturing
8/16/12
Queens
Supreme
Design Defect: Plaintiff's arm was sliced
when engine's fan fractured
John E. Ballow, Buffalo, NY of The Ballow Law Firm, P.C.
$1,040,000
Platt v. Bentley Industries, LLC
2/13/12
Greene
Supreme
Design Defect: Boat's railing severed much
of woman's finger
Richard Greenblatt, Poughkeepsie, NY of Rutberg Basso Personal Injury
Law
$90,000
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Top New York Settlements of 2012

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