PRACTICE AREAS
Firm Concentrates on Personal Injury and Wrongful Death Claims
The Law Offices of Bornstein & Emanuel, P.C. concentrates
its practice in personal injury and wrongful death litigation,
including Reflex Sympathetic Dystrophy, Industrial and Workplace accidents, Premises Liability and Motor Vehicle Accidents. The following is a detailed list of the firm’s practice areas:
Reflex Sympathetic Dystrophy
Personal Injury and Wrongful Death
n Motor Vehicle, Pedestrian Accidents and Drunk Driving Crashes
n Insurance Coverage Disputes
n Premises Liability Accidents
• Inadequate Security
• Animal Attacks
• Slip and Fall Accidents
• Lead Poisoning
n Industrial and Scaffolding Accidents
• Elevation Accidents
• Falls from Scaffolding, Cranes, and Ladders
• Elevator and Stairway Accidents
• Carbon Monoxide, Radiation, and Toxic Chemical Exposure
• Flammable and Combustible Materials, Fires and Explosions
• Forklift Injuries
• Electrocution and Burn Injuries
• Dangerous and Defective Machinery and Tools
• Falling items from Scaffolding, Cranes, and Ladders
n Other Practice Areas
• Medical Malpractice
• Nursing Home Negligence
A Personal Injury Law Firm
CASE STUDY
Ankle Sprained on Street
Leads to $560,000 Verdict
Our office is always open, online at:
www.belawoffice.com
The Law Offices of Bornstein & Emanuel, P.C.
200 Garden City Plaza, Suite 201
Garden City, New York 11530
New Website Enhances
Firm’s Online Presence
Bornstein & Emanuel recently launched a redesigned website, allowing visitors access to
more information about the firm and its attorneys. The site, www.belawoffice.com, also allows
visitors to leave instant feedback.
Anthony J. Emanuel, Esq., partner
in the Law Offices of Bornstein &
Emanuel, recently obtained a jury
verdict for $560,000 to compensate
a victim of a trip and fall accident
that occurred in 1998. The case
helps illustrate that what initially
seemed to be a simple injury led to
long-term health problems requiring the victim to be compensated
with a substantial award.
The case involved a girl who, at
nine years old, received an inverted ankle sprain when stepping off
a city sidewalk onto a street that
had recently been milled-down.
The milling process left concrete at
the curb-line, causing the victim to
twist her ankle. A doctor diagnosed
the injury as a sprain and the girl’s
ankle was placed in a cast. She followed up with physical therapy.
However, after therapy it became
evident that the sprain would not
heal, continuing to cause pain and
prevented the child from participating in activities that she had previously attended.
In September 2001, the victim’s
ankle twisted again as the result of
the original injury. After almost
Garden City Office
Manhattan Office
200 Garden City Plaza, Suite 201
Garden City, New York 11530
Telephone: (516) 227-3777
Toll-Free: (800) 559-6095
Fax: (516) 228-3299
By Appointment Only
380 Lexington Avenue
Suite 1505
New York, New York 10168
Toll-Free: (800) 559-6095
Our office is always open at www.belawoffice.com
Ankle sprain causes prolonged
injuries for 9-year-old girl
three more years of physical therapy, she underwent tendon allograft
reconstruction surgery at the Hospital for Joint Diseases in New York.
As a result of the ankle condition,
the child missed most of the fourth
and seventh grades, forcing her to
be home-schooled. She was unable
to exercise and play with other children and endured persistent pain
and suffering.
The defense argued that the girl’s
weight (180 pounds at the time of
Continued on Next Page
Inside This Issue
Legal Update
PAGE 2
Attorney Profile:
Anthony J. Emanuel
PAGE 3
LEGAL QUESTIONS
While the Law Offices of Bornstein
& Emanuel concentrates its practice
in personal injury, products liability
and medical malpractice matters,
our office maintains relationships
with attorneys who work in other
areas of the law. If we cannot assist
you, we will recommend an attorney
who can. Some of the common problems that you may encounter include:
n Adoption
n Bankruptcy
n Business Succession
n Buy/Sale of Real Estate
n Civil Rights
n Divorce and Custody
n Elder Law
n Employee Rights
n Probate & Estate
Administration
n Estate Planning
n Immigration
n Powers of Attorney,
Living Wills & Wills
n Social Security Disability
n Traffic, DWI, Criminal Law
RECENTLY SETTLED CASES
ATTORNEY PROFILE
Malfunctioning Chair to Blame
In One Department Store Suit
Anthony J. Emanuel, Partner
The Law Offices of Bornstein & Emanuel
recently settled these interesting cases:
n A female client recovered from a de-
partment store for injuries suffered when
the chair used during a facial collapsed.
n An elderly female client recovered
after being improperly cared for by her
home health aide.
n A police officer recovered from a
building owner after a door slammed
on his finger.
n A client recovered for the injuries
suffered when the automatic door at a
supermarket closed on her.
n A client/motorist recovered from a
utility company that improperly closed
a roadway, causing a one-car motor vehicle accident.
n A client/motorist recovered from
the owner/operator of a stalled vehicle
that was left unoccupied and unattended on a roadway.
n Workers Compensation
If you face one or more of these
issues, please contact our office
today at (516) 227-3777 for a
free consultation.
Success on Appeal
The Law Offices of Bornstein & Emanuel
prevailed on appeal in these cases:
In our Attorney Profile Feature, we invite members of the
Bornstein & Emanuel, P.C. family to highlight their professional
accomplishments and provide a glimpse of their interests by offering friends, clients and potential clients a chance to get to
know them on a more personal level. Here, Anthony J.
Emanuel, Partner of Bornstein & Emanuel, P.C., discusses his
background, experience and avocations.
Background
n A department
store was sued after
a client slipped and
fell on liquid soap that
was on the floor. The
trial court granted the
defendant’s motion to
dismiss the case,
based on the legal
principles of notice. Bornstein &
Emanuel appealed this decision to the
Appellate Division. The appellate court
reversed the trial court’s decision and
allowed the case to go to trial. The case
was subsequently settled during trial.
n A landlord was
sued when a client fell
on a set of stairs that
did not have handrails.
The trial court denied
the landlord’s motion
to dismiss the case.
After the landlord’s
appeals, the appellate
division affirmed the
decision, meaning that the case is not
dismissed and that it will proceed to trial. The case is expected to go to trial in
Winter 2006-2007.
Anthony was born in the Borough Park section of Brooklyn,
New York and lived there until he was six years old when his
family moved to Merrick, New York on Nassau County’s south
shore. He graduated from Sanford H. Calhoun High School in
1981 and merited a scholarship to Hofstra University where he
earned a Bachelor of Business Administration Undergraduate
Degree and a Juris Doctor Law Degree, in 1988.
“Even back in Hofstra Law, I gravitated towards trial practice,
which is at the heart of what I do today at Bornstein & Emanuel,
P.C.,” Anthony notes. Tort law, he continues, has intrigued him
from the start of his career. “A tort,” Anthony explains, “is any
wrongdoing for which an action for damages may be brought.”
Experience
After Law School, Anthony was hired by one of the largest
and most prestigious plaintiffs’ personal injury firms in the
nation. Anthony recalls, “I was fortunate to work with
many experienced trial attorneys who taught me a great
deal. They made me understand that the needs of our clients
are of great importance. The innocent victims that we represent have only one thing that stands between them and injustice: their attorney.”
Anthony started trying cases almost immediately after being admitted to the bar and continued throughout the four
years he practiced at that firm.
“When I was 28 years old, I won back to back million dollar verdicts for our clients,” he notes. Soon after, he made the
decision to practice law on his own. On Sept. 9, 1992, Anthony joined forces with Kenneth Bornstein and they have been
together fighting for clients’ rights ever since.
Career Highlights
CASE STUDY | CONTINUED FROM PREVIOUS PAGE
Sprained Ankle Leads to $560,000 Verdict
the injury) contributed to the pain and suffering and was the
cause of the 2001 injury. Mr. Emanuel countered by arguing
that the injury altered the child’s gait, resulting in chronic
instability and leaving her prone to re-injury.
At the liability stage of the lawsuit, a jury found the City 85
percent liable. Thereafter, the City offered $250,000 to settle
the case. This offer was rejected, and following a trial for damages, the jury returned a verdict in the amount of $560,000,
2
Winter 2007
including $500,000 for past pain and suffering and $60,000
for future pain and suffering.
It is not uncommon for minor injuries to develop into serious health problems. It is essential for victims to have police
reports filed and to receive proper medical attention. In a case
like this, consultation with an attorney and a careful review of
medical records can help preserve a lawsuit that may provide
compensation to a victim if a more serious injury develops.
The Law Offices of Bornstein & Emanuel, P.C.
www.belawoffice.com
“When I joined Ken, our main objective was to build a firm
devoted to plaintiffs’ personal injury. I am proud to say that
we have achieved our objective and that is our focus today.”
“Although I received wonderful experience in a large firm,
our law firm today has a core staff of attorneys that guarantees clients’ personalized attention and services,” Anthony
continues. “It is rewarding to help people who may not be in
the position to help themselves. Our clients know that we are
fighters. What it comes down to is this: I fight for people who
cannot fight for themselves,” Anthony stresses, “and that really makes me feel good. Most of our existing clients are referrals from prior clients or attorneys who have referred cases
to us in the past. The repeat referral business only happens
because of positive results.”
www.belawoffice.com
Anthony J. Emanuel, partner in Bornstein & Emanuel, P.C.
Anthony has handled many different types of cases during
his career that initially met with denials of responsibility by
defendants. However, Anthony’s unwavering approach often
causes defendants to change their position and compensate
his clients. Anthony states, “Whether you’ve been involved in
an automobile accident, suffered a burn injury in an apartment fire or have been a victim of a sexual assault, when you
walk into my office there is no more important person than
you. There is no more important case than yours.”
Professional Activities
Anthony is a member of the Nassau County Bar Association
and the New York State Trial Lawyers Association. He serves
as Treasurer of the Columbian Lawyers of Nassau County. He
has been invited to discuss legal practices in lectures to law
students and recently admitted attorneys at the Italian Consulate in Manhattan. In addition, Anthony has spoken to college bound high school audiences about what is involved in
the practice of law, as well as lectured on plaintiffs’ rights at
Molloy College continuing education students and to senior
citizen groups.
Interests
Anthony lives in Laurel Hollow, New York with his wife
and four daughters. “Don’t forget our other girl, Chloe, our
dog,” Anthony laughs. Anthony is a PADI Certified Open Water Scuba Driver, as well as an avid New York Mets fan. “ I really enjoy watching the Mets and playing golf in my off hours,
but mostly I spend a lot of time with my family,” Anthony
says. “That’s the greatest pleasure I can imagine.”
The Law Offices of Bornstein & Emanuel, P.C.
Winter 2007
3