Top NY
Verdict Search’s
Verdicts
of 2010
Attorneys At Law
Friedman, Levy, Goldfarb
& Green, P.C.
250 West 57th Street n Suite 1619, New York, NY 10107 n tel. 212-307-5800 / fax 212-262-6128 [email protected]
90 Years of Service to Our Clients
Congratulations to Sam Rosmarin, Of Counsel to Friedman, Levy, Goldfarb
& Green, P.C., Trial Attorney on Our Medical Malpractice Cases, For One of
the Top 10 Verdicts of 2010.
$20,000,000 Verdict: Colon Damage During Colonoscopy Goes Undetected
Perforated colon, colectomy, ileostomy, peritonitis, incisional hernia and disfigurement.
A Proven Record of Achievement for Our Clients:
$6,000,000 Medical Malpractice Settlement: Failure to
Diagnose Endocarditis - Wrongful Death
$1,400,000: Roofer Falls from State Facility Laminectomy
$3,167,000: Bridge Painter Falls from Scaffold - Total
Disability
$3,515,000 Verdict: Dental Malpractice, Trigeminal
Neuralgia
$2,650,000 Verdict: Failure of Material Hoist - Orbital
Fracture
$1,057,000 Verdict: Flying Debris, Parking Lot of Home
Depot - Laminectomy
$2,700,000 Settlement: Medical Malpractice
$2,100,000 Jury Verdict: Trip and Fall Accident on City
Sidewalk
$1,500,000 Settlement: Negligent Supervision of
Special Needs Child
$3,100,000 Settlement: Leg Amputation
$1,000,000 Jury Verdict: Motor Vehicle Accident
$2,800,000 Jury Verdict: Police Brutality
$1,000,000 Settlement: Motor Vehicle Accident
$2,750,000 Settlement: Landlord’s Negligence
Reputation. Service. Results.
www.friedmanlevy.com
TOP 10 CASE SUMMARIES
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#1
top NY
Salame, Jennifer Waxman-Recht,
Cathy White, Amy Zschiesche, Kelly
Corbett, Kelli Shannon, Holly Waters
Verdict Search’S
Drugmaker’s female workers claimed
disparate treatment
VerdictS
of 2010
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[email protected]
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TOP 10 CASE SUMMARIES
3
TOP 30 NEW YORK VERDICTS IN 2010
4
TOP 2010 VERDICTS BY CATEGORY
9
Verdict: (P) $253,367,250.00
Case Type: Gender Discrimination,
Employment - Pregnancy, Discrimination
- Title VII, Civil Rights - Civil Rights Act
of 1964, Civil Practice - Class Action
Case: Amy Velez, Sonia Klinger, Penni
Zelinkoff, Minel Hider Tobertga, and
Michelle Williams, Individually and on
Behalf of Others Similarly Situated v.
Novartis Corporation and Novartis
Pharmaceutical Corporation, No. 04Civ.-09194 (GEL)
Venue: U.S. District Court, Southern
District, NY
Judge: Colleen McMahon
Date: 05-19-2010
PLAINTIFF(S)Attorney:
• Sharon Eubanks, Katherine M. Kimpel,
Katherine Leong, Felicia M. Medina,
David W. Sanford and Steven L.
Wittels; Sanford Wittels & Heisler, LLP;
New York, NY, for Tara Blum, Jessica
Borsa, Bernice Dezelan, Christine
Macarelli, Raelene Ryan, Marjorie
Expert:
• Louis Lanier; Labor Economics called
by: Katherine Kimple, David Sanford,
Sharon Eubanks, Katherine Leong,
Felicia Medina, Steven Wittels
•
James Outtz; Psychology/Counseling
called by: Katherine Kimple, David
Sanford, Sharon Eubanks, Katherine
Leong, Felicia Medina, Steven Wittels
Facts:
During a period that spanned 2002 and
2007, plaintiffs Sonia Klinger, Minel Hider
Tobertga, Amy Velez, Michelle Williams and
Penni Zelinkoff were employees of various
offices of East Hanover, N.J.-based Novartis
Pharmaceutical Corp. The plaintiffs claimed
that they were subjected to gender-based
discrimination that resulted in disparate pay,
the denial of promotions and other adverse
treatment.
Klinger, Tobertga, Velez, Williams and
Zelinkoff, acting individually and on behalf
-Continued on p6
Alan Ripka, Esq.
Honored Trial Attorney
The Largest Automobile
Verdict in 2010
$7,300,000
accidents
injuries
medical malpractice
mass torts
environmental disasters
wrongful death
construction accidents
350 Fifth Avenue
New York, NY 10019
(212) 557-4777
[email protected]
Verdicts Search’s Top NY Verdicts of 2010 3
TOP 30 NEW YORK VERDICTS IN 2010
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
1
Velez v. Novartis Corp.
5/19
U.S. District Court,
Southern District
Employment: Gender Discrimination - Drugmaker's
female workers claimed disparate treatment
Sharon Eubanks, Katherine M. Kimpel, Katherine Leong, Felicia M. Medina
and David W. Sanford, Washington, DC office and Steven L. Wittels,
NYC office of Sanford Wittels & Heisler, LLP
$253,367,250
2
Barnhard v. Cybex
International Inc.
12/7
Erie Supreme
Products Liability: Design Defect - Physical
therapist's neck crushed by exercise machine
Kevin J. English, Buffalo, NY office and Michael R. Law, Rochester, NY
offfice of Phillips Lytle LLP
$65,994,304
3
Savillo v. Greenpoint
Landing Associates LLC.
12/21
New York Supreme
Construction: Labor Law - Worker's 12-foot fall
caused paralyzing injury
Roy R. Jaghab, Mineola, NY of Jaghab, Jaghab & Jaghab, P.C.& David B.
Golomb, New York, NY of Law Offices of David B. Golomb
$50,591,036
4
Falcone v. Verizon New
York Inc
5/25
Kings Supreme
Motor Vehicle: Pedestrian - Man struck by car
suffers paralysis, brain damage
Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore
$40,876,000
5
Saladino v. Stewart &
Stevenson Services Inc.
7/26
U.S. District Court,
Eastern District
Negligence: Failure to Warn - Worker claimed tractor's dangers weren't disclosed
Jonathan I. Edelstein, New York, NY of Law Office of Jonathan I. Edelstein, $40,190,417
New York, NY & Nadia M. Chionchio, Kevin B. McAndrew, and William J.
Poisson, Woodbury, NY of McAndrew Conboy & Prisco
6
Stand-Up MRI of the
Bronx P.C. v. Carecore
National LLC
11/30
U.S. District Court,
Eastern District
Antitrust - Radiology practices accused benefits
managers of antitrust
Axel Bernabe, Axel A. Bernabe, Matthew L. Cantor, and Gary J. Malone,
New York, NY of Constantine Cannon LLP
$35,101,797
7
Gonzalez v. Guillaume
7/23
Bronx Supreme
Medical Malpractice: Surgical Error - Surgeon overlooked damaged colon, patient alleged
Sam Rosmarin, White Plains, NY of counsel to Friedman, Levy, Goldfarb
& Green, P.C., New York, NY
$20,000,000
8
Hartman v. County of
Nassau
2/22
U.S. District Court,
Eastern District
Government: Excessive Force - Policeman drove
over fleeing suspect, suit alleged
Daniel J. Hansen, New York, NY; Harvey Weitz, New York, NY of Weitz
& Associates, P.C., New York, NY, trial counsel, Daniel J. Hansen
$19,604,000
9
Newton v. City of New
York
10/19
U.S. District Court,
Southern District
Civil Rights - Loss of evidence led to 12-year
imprisonment, suit alleged
John F. Schutty III, New York, NY
$18,592,000
10
Barros v. New Roc Parcel
1A, LLC
1/26
Bronx Supreme
Construction: Labor Law - Carpenter alleged spine,
ankle injuries from 15-foot fall
Howard R. Borowick, Bronx, NY of counsel to Law Offices of Jacob
Oresky
$18,334,226
11
Vargas v. City of New York
10/19
Kings Supreme
Civil Rights: Prisoners' Rights - Diabetic prisoner
didn't receive insulin, suffered brain damage
Seth A. Harris, New York, NY of Burns & Harris
$17,500,000
12
Brower v. Schneider
1/22
Queens Supreme
Medical Malpractice: Failure to Consult - Untreated
infection damaged boy's brain, parents alleged
Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore
$13,300,000
13
Mastando v. One Bryant
Park, LLC
7/15
New York Supreme
Construction: Labor Law - Makeshift scaffold's
failure had paralyzing result
Gregory S. Gennarelli, Robert Sack, Marvin Salenger, Woodbury, NY of
Salenger, Sack, Kimmel & Bavaro, LLP
$13,000,000
14
Griffin v. Clinton Green
South, LLC
4/24
Bronx Supreme
Construction: Labor Law - Laborer hit by falling
piece of scaffold, alleged disabling injury
Seth A. Harris and Alison R. Keenan, New York, NY of Burns & Harris
$12,561,772
15
Doe v. Krimsky
7/16
U.S. District Court,
Eastern District
Products Liability: Manufacturing Defect - Infant's
penis partially severed by circumcision clamp
John L. Juliano, East Northport, NY of John L. Juliano P.C.; David J.
Llewellyn, Atlanta, GA of Johnson & Ward
$10,777,071
16
Casa de Meadows Inc. v.
Zaman
12/15
New York Supreme
Torts: Breach of Fiduciary Duty - Prince claimed his
attorneys breached fiduciary duty
Linda C. Goldstein and Philip A. Irwin, New York, NY of Covington &
Burling LLP & Jonathan Berman, Washington, DC of Jones & Adams &
Geoffrey S. Stewart, Washington, DC of Jones Day
$10,125,000
17
Plato General Construction Corp. / EMCO Tech
Construction Corp. JV, LLC
v. Dormitory Authority of
the State of New York
5/20
Kings Supreme
Contracts: Breach of Contract - Contractor claimed Chris Georgoulis, New York, NY of Georgoulis & Associates PLLC
construction job wasn't properly overseen
$10,106,698
18
Pantano v. NYCTA
5/19
Kings Supreme
Motor Vehicle: Question of Lights - Car crash's parties disputed status of lights
William Schwitzer, New York, NY of Dinkes & Schwitzer
$10,000,000
19
Gibbs v. The City of New
York
8/4
Eastern District
Civil Rights - City of New York awards record
settlement to man wrongly imprisoned for murder
Nick J. Brustin, New York, NY of Neufeld, Scheck & Brustin, LLP
$9,900,000
20
Montero v. Sentinel Diversified Industries Inc.
3/15
Queens Supreme
Construction: Labor Law - Worker claimed 25-foot
fall led to fusion of spine
William Schwitzer, New York, NY of Dinkes & Schwitzer
$8,900,000
21
Ortiz v. AWL Industries Inc. 10/27
New York Supreme
Workplace: Labor Law - Shaky ladder blamed for
worker's fatal fall
Howard S. Hershenhorn, New York, NY of Gair, Gair, Conason, Steigman
& Mackauf
$8,625,000
22
Feinberg v. Boros
10/29
New York Supreme
Legal Profession: Malpractice - Dispute over sale of
business led to legal malpractice claim
Richard Derzaw, New York, NY; Steven G. Storch, New York, NY of
Storch Amini & Munves
$8,588,680
23
Bush v. Merola
5/14
Queens Supreme
Products Liability: Design Defect - Surgery's fatal
outcome blamed on defective instrument
Gary J. Douglas and Nicholas E. Warywoda, New York, NY of Douglas &
London, P.C.
$8,500,000
24
Meade v. OTA Hotel
Owner, LP
11/5
New York Supreme
Worker/Workplace Negligence - Hotel's guest fell
down shaft trying to exit disabled elevator
Nicolas Bagley and Jeff S. Korek, New York, NY of Gersowitz, Libo &
Korek, P.C.
$8,500,000
25
Rivera v. CSPN Paliuras
Contracting
4/23
Queens Supreme
Construction: Accidents - Undocumented immigrant roofer paralyzed in fall
Kenneth J. Halperin and Philip A. Russotti, New York, NY of Wingate,
Russotti & Shapiro
$8,200,000
4 Verdicts Search’s Top NY Verdicts of 2010
Law Office of
JOHN F. SCHUTTY, P.C.
LATEST VICTORY - NEWTON VS. CITY OF NY - $18,592,000
9th largest general verdict and largest civil rights verdict in New York State in 2010.
John F. Schutty has handled a wide variety of
complex civil litigation during his career. A
graduate of Columbia College and Fordham
University School of Law, he has spent the
largest part of his career as an advocate in
high profile commercial, personal injury, civil
rights and wrongful death litigation. Mr.
Schutty previously served as a defense
attorney, representing major airlines and
product manufacturers.
Since 2002, Mr. Schutty has achieved extraordinary results for clients who have been
seriously injured or who have lost loved ones
as a result of negligence, medical malpractice,
product failure, and/or civil rights violations.
Mr. Schutty accepts only a small number of
cases so that he can devote substantial
personal attention to each client.
In 2007, 2009 and 2010, Mr. Schutty was
named one of the top attorneys in the New
York Metropolitan area by Super Lawyers
Magazine.
Alan Newton was released from prison on July 6, 2006, after more
than twenty-two
years of 55
incarceration for a rape and assault that
NON 55-DEL
DNA testing proved he did not commit. For twelve of those years,
Newton repeatedly requested access to a rape kit that contained
the ultimately exonerating DNA to no avail - not because Newton
was not entitled to the rape kit, but because the New York City
Police Department could not find it.
The jury, after a 3 and ½ week trial, awarded Mr. Newton a total of
$18 million in damages against the City of New York for 12 years of
wrongful incarceration; the jury also awarded Mr. Newton $500,000
and $92,000 against two senior police officers for separately
“intentionally inflicting emotional distress” upon Mr. Newton.
THE TERRORIST EVENTS OF SEPTEMBER 11, 2001
Mr. Schutty represented over 40 families affected by the terrorist
events of September 11, 2001. He represented two of the most
severely burned victims and recovered in excess of $5 million on
behalf of 15 of his clients.
COMPLEX LITIGATION & EXTRAORDINARY RESULTS
Mr. Schutty has been the lead trial attorney in numerous commercial,
Null Doro
negligence and product liability cases involving steel mills, nightclubs,
restaurants, construction sites, motor vehicles, and one unusual case
that arose out of an alleged parental kidnapping. In the last six years,
Mr. Schutty has personally collected well over $130 million dollars in
money damages for his clients.
An established trial record, professionalism and a passionate
devotion to his clients has earned John Schutty a well-deserved
reputation in the legal industry. Mr. Schutty accepts referrals
and co-counsel arrangements.
445 PARK AVENUE
NINTH FLOOR
NEW YORK NEW YORK 10022
P: (212) 836-4796
F: (917) 591-5980
E: [email protected]
-Continued from p3
of a class that comprises about 5,600 similarly situated people, sued Novartis Pharmaceutical and its parent, Novartis Corp. The
plaintiffs alleged that they were subjected
to discrimination that violated Title VII
of the Civil Rights Act of 1964. Novartis
Corp. was dismissed via summary judgment,
and the matter proceeded against Novartis
Pharmaceutical.
Plaintiffs’ counsel claimed that Novartis
Pharmaceutical did not fairly promote and
pay its female employees. They noted that
women held about half of the company’s
sales-representative positions but less than 24
percent of the management positions. The
plaintiffs’ expert labor economist evaluated
fiscal data that the company had provided,
and he opined that female employees were
underpaid relative to their male colleagues.
Plaintiffs’ counsel also claimed that male
supervisors concocted reasons for firing or
constructively firing female sales representatives who took maternity leave. They further
claimed that some management-track females were written up and/or removed from
the management track after taking maternity
leave.
Defense counsel contended that the
company did not unfairly treat its female
employees, and they claimed that women
were not subjected to adverse treatment in
response to their use of maternity leave. The
defense’s expert labor economist argued that
any gender-oriented differences in employees’
salaries were not statistically significant. In response, plaintiffs’ counsel contended that the
defense’s economist’s calculations were based
on hourly earnings that were not adjusted to
reflect the earnings that were lost during the
female employees’ maternity leave.
Injury:
The plaintiffs sought recovery of past
and future lost earnings, damages for their
loss of enjoyment of life, and $190 million
to $285 million for punitive damages. The
requested punitive damages represented 2
to 3 percent of the company’s annual sales.
Verdict Information: The jury found that
the plaintiffs were subjected to discriminatory practices. It determined that 12 testifying witnesses were entitled to damages
that totaled $3,367,250, which included
individual awards of $80,000 to $598,500.
The jury also awarded classwide punitive
damages of $250 million.
Post-Trial: The parties negotiated a settlement. Novartis Pharmaceutical agreed to pay
a total of $175 million. The settlement also
included nonmonetary affirmative relief.
Editor’s Comments - This report is based
on information that was provided by
plaintiffs’ and defense counsel.
#2
Physical therapist’s neck crushed by
exercise machine
Verdict: (P) $65,994,304.44
Case Type: Design Defect, Products Liability - Failure to Warn, Products Liability
- Sports Equipment
Case: Natalie M. Barnhard v. Cybex International, Inc., No. 2368/05
Venue: Erie Supreme, NY
Judge: Diane Devlin
Date: 12-07-2010
PLAINTIFF(S)Attorney:
• Kevin J. English and Michael R. Law;
Phillips Lytle LLP; Rochester, NY, for
Natalie M. Barnhard
Expert:
• Clyde Richard P.E., Ph.D.; Mechani-
•
•
•
•
cal; Annapolis, MD called by: Kevin
English, Michael Law
Susan Leger P.T.; Physical Rehabilitation; Atlanta, GA called by: Kevin
English, Michael Law
Ronald Reiber Ph.D.; Economics;
Buffalo, NY called by: Kevin English,
Michael Law
Valerie Vullo M.D.; Physical Rehabilitation; Buffalo, NY called by: Kevin
English, Michael Law
Kelly Lance RN, BSN, CNLCP; Life
Care Planning; Draper, UT called by:
Kevin English, Michael Law
Insurer:
• New York State Insurance Fund for
Amherst Orthopedic Physical Therapy
• Medmarc Insurance Group for Cybex
International
Facts:
On Oct. 22, 2004, plaintiff Natalie
Barnhard, 24, a physical therapy assistant,
was supervising a client’s exercises at a facility in Kenmore. During that task, Barnhard
placed her right hand on a 60-inch-tall legextension machine’s weight stack frame and
began to rotate her body to stretch her right
shoulder. The machine tipped, and it struck
her neck, fracturing two vertebrae.
Barnhard sued the machine’s manufacturer, Medway, Mass.-based Cybex International Inc. She alleged that the product was
defectively designed.
Cybex impleaded Barnhard’s employer,
Amherst Orthopedic Physical Therapy, P.C.
Cybex alleged that Amherst Orthopedic was
negligent in its installation of the machine.
It sought indemnification.
Barnhard’s counsel contended that Cybex
should have warned users that only 40
pounds of horizontal force was needed to
cause the machine to tip.
During depositions, plaintiff’s counsel
elicited testimony from Cybex officials
suggesting that Cybex had never sent letters warning of a tipping hazard and that
Cybex’s engineering staff had been advised
of only a fraction of the tipping incidents
of which the company’s legal department
had knowledge. Cybex turned over userinjury reports indicating that in the 11
years preceding Barnhard’s accident, at least
seven tip-over accidents had occurred in
the United States involving Cybex exercise
machines. Plaintiff’s counsel contended that
the machines in question were substantially similar in design to the one involved
in Barnhard’s accident. However, Cybex’s
counsel contended that only one of the
machines involved in the injury reports was
a leg-extension machine.
Cybex’s counsel further contended that
the machine could not have tipped absent
an extreme, unsafe action by Barnhard.
They noted that the machine’s instructions
recommended that the machine be bolted
down for maximum safety--something
Amherst Orthopedic had not done.
Cybex’s expert mechanical engineer
opined that the machine was not unreasonably safe. Cybex’s expert in product
warnings opined that the warnings that accompanied the leg-extension machine were
adequate. Cybex’s expert physical therapist
opined that Barnhard had been engaging in
inappropriate conduct when the machine
tipped and that Amherst Orthopedic had
failed to properly train Barnhard.
Injury:
Barnhard suffered a fractured vertebra at
the C5-6 level, rendering her quadriplegic.
She spent more than a month at the Erie
County Medical Center before being transferred to the Shepherd Center, an Atlantabased hospital that specializes in spinal-cord
injury rehabilitation. She spent more than
three months at the Shepherd Center before
-Continued on p8
TOP 30 NEW YORK VERDICTS IN 2010
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
26
Hunt v. City of New York
9/23
Queens Supreme
Negligence: Negligent Training - Teen paralyzed during football practice, claimed poor training
Barry Greenberg, Farmingdale, NY of Barry E. Greenberg, P.C.
$8,000,000
27
Boles v. Merck & Co. Inc.
6/25
U.S. District Court,
Southern District
Products Liability: Design Defect - Fosamax's use
led to necrosis of jaw, plaintiff alleged
Gary J. Douglas, New York, NY of Douglas & London, P.C & Timothy M.
O'Brien, Pensacola, FL of Levin Papantonio Thomas Mitchell Rafferty &
Proctor, P.A.
$8,000,000
28
Durney v. Jacobowitz
11/9
Kings Supreme
Medical Malpractice: Failure to Monitor - Patient's
death due to spike of glucose, suit alleged
Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &
Goodman, P.C.
$7,995,579
29
Ocampo v. Abetta Boiler &
Welding Service Inc.
5/19
New York Supreme
Negligence: Negligent Repair - One killed, others
hurt when cabbage processor broke
Jamie Wolf, New York, NY of Lipsig, Shapey, Manus & Moverman; Evan M. $7,477,840
Goldberg, New York, NY of Trolman, Glaser & Lichtman, P.C.
30
Chapins v. Marmur
3/4
Westchester
Supreme
Medical Malpractice: Infection Control -
Preston J. Douglas and Richard A. Gurfein, New York, NY of Gurfein
Douglas LLP
6 Verdicts Search’s Top NY Verdicts of 2010
$7,400,000
Douglas&London, P.C.
111 John Street, 14th Floor
New York, New York 10038
P: (212) 566-7500 | F: (212) 566-7501
Douglas & London has taken on some of the largest companies and most powerful industries in the country,
including the pharmaceutical, medical device, automobile and tobacco industries, securing over $750 million
in compensation for injured victims and their families through jury verdicts and settlements. Members of the
firm have served as lead, co-lead, or liaison counsel in many of the largest national mass tort and consumer
class-action litigations in the country; such positions allow Douglas & London to play a critical role in shaping
some of the largest and most complex mass tort and class action cases in recent years.
“We don’t hesitate to take on any corporate giant that may be harming or defrauding consumers,” says founding partner Gary J.
Douglas, who won back-to-back $8 million verdicts against Johnson & Johnson subsidiary Ethicon Endosurgery and Merck & Co., both
recognized as top products liability verdicts of 2010 in this publication.
A few of the firm’s other notable successes include:
•
The landmark Zyprexa settlement: the firm, through Michael London’s work as court-appointed vice chair of the Plaintiffs’
Steering Committee, secured $690 million for approximately 8,000 users of Zyprexa, an atypical anti-psychotic medication alleged
to cause diabetes.
•
The historic Vioxx settlement of $4.85 billion: the firm represented hundreds of plaintiffs in this unprecedented settlement.
•
Other mass tort cases: in the past four years alone, the pioneering law firm has also achieved confidential settlements of
$50.8 million on behalf of 152 plaintiffs against a Fortune 50 pharmaceutical company; $14.9 million on behalf of 15 plaintiffs against
a Fortune 500 pharmaceutical company; $11.3 million on behalf of 109 plaintiffs against a Fortune 50 pharmaceutical company;
and $7.6 million against another Fortune 500 company.
•
The first win against the tobacco industry in New York State history: the firm secured a $20 million-plus jury verdict against the
tobacco industry on behalf of the widow of a former Lucky Strike smoker who died of lung cancer.
•
Victories at trial: Gary Douglas and the rest of the firm’s talented trial attorneys have secured scores of million-dollar verdicts,
including back-to-back $20 million-plus verdicts in two different cases in 2004 and 2005.
CONGRATULATIONS EXTENDED – 2010 has been no different
Everyone at Douglas & London is proud to congratulate and honor partner Gary Douglas for receiving two of the Top 30 products liability verdicts of the year in this edition of Top NY Verdicts of 2010. The awards were for $8.5 million against Ethicon-Endo Surgical (a
subsidiary of Johnson & Johnson) and $8 million against Merck & Co (in a case that Mr. Douglas co-tried with Tim O’Brien from Pensacola, Florida, and which was the very first plaintiff verdict in the national Fosamax litigation). Great work, Gary, and congratulations to
you and the teams that assisted you! We also acknowledge and congratulate Gary on his receipt of the prestigious Clarence Darrow
Award for 2010, presented each year to the lawyer judged to best embody the attributes and skills of the legendary trial attorney and
champion of the underdog.
Everyone at Douglas & London is also pleased to congratulate and honor Nicholas Warywoda for also making two appearances in
this edition of Top NY Verdicts of 2010, and for his repeat appearance in the publication on behalf of the firm in back-to-back years.
Congratulations Nick!
The firm, founded nearly ten years ago, remains committed to giving a voice to the voiceless and serving as tireless advocates for
the underdog, representing injury victims and consumers in New York and nationally. Today, the firm comprises 12 attorneys,
including partner Stephanie O’Connor and an incredibly talented supporting cast all able and willing to regularly take on the largest
cases and win.
www.douglasandlondon.com
-Continued from p6
being discharged.
Barnhard’s injury left her without control
of her bladder and bowels, and she requires
around-the-clock care. Her suit argued that
her quadriplegia has left her unable to experience the joys of parenthood and grow the
massage-therapy business she was in the process of founding at the time of her accident.
Barnhard’s economics expert estimated
future medical costs of nearly $28.9 million,
based on an anticipated age-of-death of 72
years. The parties stipulated that past medical
expenses totaled nearly $1.69 million. In addition to damages for future care of potential
children, lost earnings and future medical
costs, plaintiff’s counsel asked the jury to
award Barnhard $8 million in damages for
past pain and suffering and $25 million in
damages for future pain and suffering.
Defense counsel argued that Barnhard’s
condition meant she would likely live no
longer than 64 years. The defense also contended there was no proof that Barnhard’s
massage-therapy business would have been
as financially successful as plaintiff’s counsel
claimed.
Verdict Information The jury found that
Barnhard, Amherst Orthopedic and Cybex
were all negligent. Cybex was assigned 75
percent of the liability; Amherst Orthopedic was assigned 20 percent of the liability;
and Barnhard was assigned 5 percent of
the liability.
The jury determined that Barnhard’s
damages totaled $65,994,304, but the
comparative-negligence reduction produced a net recovery of $62,694,588.80.
According to plaintiff’s counsel and
Amherst Orthopedic’s counsel, Cybex does
not have enough insurance to satisfy the
company’s share of the verdict via its policy
coverage. Amherst Orthopedic’s counsel
reported that Cybex’s $5 million reducing policy currently contains roughly $2.5
million, after attorney fees and litigation
costs. Plaintiff’s counsel reported that they
are prepared to seek company assets in
satisfaction of Cybex’s share of the verdict.
Amherst Orthopedic’s counsel suggested
that Cybex will have to fulfill the entire
judgment before it can seek indemnification from his client.
Natalie M. Barnhard
$1,689,439 Personal Injury: Past Medical
Cost
$28,563,128 Personal Injury: Future
Medical Cost
$151,690 Personal Injury: Past Lost Earnings Capability
$1,797,612 Personal Injury: FutureLostEarningsCapability
$8,000,000 Personal Injury: Past Pain And
Suffering
$25,000,000 Personal Injury: Future Pain
And Suffering
$792,435 Personal Injury: future care for
potential children
Post-Trial: Cybex’s counsel intends to seek
post-trial relief from the jury’s verdict.
Editor’s Comments This report is based
on information that was provided by
plaintiff’s and defense counsel.
#3
Worker’s 12-foot fall caused paralyzing injury
Verdict: (P) $50,591,035.87
Case Type: Labor Law, Construction Accidents, Slips, Trips & Falls - Fall from
Height, Civil Practice - Summary Judgment
Case: Daniel J. Savillo v. Greenpoint
Landing Associates LLC., and Greenpoint
Storage Terminal, LLC. / Greenpoint
Landing Associates, LLC., and Greenpoint Storage Terminal v. All Safe Heights
Contracting, Corp, No. 114418/07;
590014/08
Venue: New York Supreme, NY
Judge: Emily Jane Goodman
Date: 12-21-2010
PLAINTIFF(S) Attorney:
• David B. Golomb; Law Offices of
David B. Golomb; New York, NY, for
Daniel J. Savillo
• Roy R. Jaghab; Jaghab, Jaghab &
Jaghab, P.C.; Mineola, NY, for Daniel
J. Savillo
Expert:
• Joseph Carfi; Physical Rehabilitation;
Lake Success, NY called by: David
Golomb, Roy Jaghab
• Anthony Frempong-Boadu M.D.;
Neurosurgery; New York, NY called
by: David Golomb, Roy Jaghab
• David Payne M.D.; Neuroradiol-Continued on p10
TOP 2010 VERDICTS BY CATEGORY
Animals
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Letteriello v. Zimmardi
10/4
Suffolk Supreme
Animal control : Girl bitten by pit bull
claimed facial scar
Kenneth A. Wilhelm, New York, NY of Law Offices of Kenneth A. Wilhelm
$750,000
Caliendo v. Bridbord
7/19
Queens
Supreme
Animal control : Vicious dogs not adequately restrained, bitten plaintiff alleged
Gregory S. Gennarelli, New York, NY of Salenger, Sack, Kimmel & Bavaro,
LLP
$440,000
Chappell v. Mather
6/1
Steuben
Supreme
Animal control : Kennel's owners not
careful with vicious dog, worker alleged
Philip C. Learned, Elmira, NY of Learned, Reilly, Learned & Hughes, L.L.P.
$92,500
Torres v. Jackson
5/26
Nassau Supreme
Animal control : Man bitten by neighbor's
dog sought reimbursement for fence
David A. Bythewood, Garden City, NY of David A. Bythewood, Esq.
$75,000
Antitrust
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Stand-Up MRI of the Bronx P.C. v. Carecore
National LLC
11/30
U.S. District
Court, Eastern
District
Antitrust - Radiology practices accused
benefits managers of antitrust
Axel Bernabe, Axel A. Bernabe, Matthew L. Cantor, and Gary J. Malone,
New York, NY of Constantine Cannon LLP
$35,101,797
PLAINTIFF'S COUNSEL
AMOUNT
Banking
CASE
DATE
COURT
TYPE OF ACTION
Lefkowitz v. Capital One Bank (USA), N.A.
11/29
Westchester
Supreme
Banking - Bank refused to pay off valid CD, Gary A. Friedman, Armonk, NY of Gary A. Friedman Esq.; Lawrence
plaintiff alleged
Horowitz, Armonk, NY of of counsel, Gary A. Friedman Esq.
8 Verdicts Search’s Top NY Verdicts of 2010
$45,604
BRONX 155 East 149th Street, Suite 2, Bronx, NY 10451 | Phone: 718-993-9999
www.oreskylaw.com
# 10 of the TOP 30 NY Verdicts of 2010!
Barros v. New Roc Parcel - $18,334,226.00
Barros v. New Roc Parcel 1A, LLC
1/26/2010 Bronx Supreme
Construction: Labor Law Carpenter alleged spine, ankle injuries from 15-foot fall
Jacob Oresky & Associates, PLLC., extends its appreciation and gratitude to the hard
working members of the judiciary for their provision of justice to all through our legal
system. With the zealous advocacy of the plaintiffs’ and defendants’ bar, our judicial
system allows all men and women that have been wronged, the ability to seek redress
through the courts and receive justice. Such was the case in Barros v. New Roc Parcel,
where a carpenter fell from a scaffold suffering career ending injuries.
The verdict in Barros, continues our firm’s tradition of legal excellence and advocacy
for victims of accidents. Our founder, Jacob Oresky, Esq., has for over 20 years, built
a reputation for providing his clients with hard work and dedicated service. For his
clients, he has never left a stone unturned. It was our privilege to have been chosen by
Mr. Barros to represent his interests in this most important part of his life.
Other NOtable results ObtaiNed by JacOb Oresky & assOciates, Pllc*
CONSTRUCTION ACCIDENT:
CONSTRUCTION ACCIDENT:
$6.6 Million Won by construction worker that fell from scaffold $4 Million Awarded to construction worker struck by falling
sustaining serious injuries.
roadway divider.
CONSTRUCTION ACCIDENT:
AUTOMOBILE ACCIDENT:
$6 Million Won by construction worker that fell from ladder $1.55 Million Awarded to passenger in automobile accident.
sustaining serious injuries
AUTOMOBILE ACCIDENT:
NEGLIGENT SUPERVISION:
$1.3 Million Awarded to pedestrian struck by speeding
$6 Million Awarded to 19 year old mentally retarded man that automobile.
suffered severe burns as a result of institution’s failure to supervise.
TRIP & FALL ACCIDENT:
CONSTRUCTION ACCIDENT:
$1 Million Awarded to family of 80 year old trip & fall accident
$5.6 Million Awarded to construction worker struck by falling object at victim.
construction site.
*Prior results do not guarantee a future similar outcome. Attorney Advertising.
-Continued from p8
•
•
ogy; New York, NY called by: David
Golomb, Roy Jaghab
Kristjan Ragnarsson M.D.; Physical
Rehabilitation; New York, NY called
by: David Golomb, Roy Jaghab
Alan Leiken Ph.D.; Economics; Stony
Brook, NY called by: David Golomb,
Roy Jaghab
Insurer:
• New York State Insurance Fund for
All-Safe Height Contracting
Facts:
On Feb. 12, 2007, plaintiff Daniel
Savillo, 29, a scaffold worker and unionaffiliated bricklayer, worked at a job site
that was located at 171 West St., in the
Greenpoint section of Brooklyn. Savillo and
a co-worker were laying corrugated metal
sheets on the top of a storage structure
that was being erected. According to his
co-worker, Savillo fell about 12 feet to the
ground after inadvertently stepping on an
unsecured short sheet. The co-worker was
the only witness. Savillo was not wearing
a safety device. He landed on the back of
his neck and shoulders, and he sustained a
paralyzing injury.
Savillo sued the premises’ owner, Greenpoint Landing Associates L.L.C., and the
property’s managing agent, Greenpoint
Storage Terminal L.L.C. Savillo alleged that
the defendants violated the New York State
Labor Law.
The defendants impleaded Savillo’s employer, All-Safe Height Contracting Corp.,
seeking indemnification and contribution.
Savillo claimed that he was not provided
a safety harness or any other type of equipment that could have prevented his fall.
During depositions, All-Safe Height Contracting’s owner and head foreman acknowledged that they had neither instructed
Savillo and other workers to wear fall-protection equipment nor provided any such
equipment. Savillo’s counsel contended that
the incident stemmed from an elevationrelated hazard, as defined by Labor Law ?
240(1), and that Savillo was not provided
the proper, safe equipment that is a requirement of the statute. They also contended
that the site was not properly safeguarded,
as required by Labor Law ? 241(6).
The defense contended that Savillo’s fall
was the result of his poor judgment while
maneuvering around the top of the storage
structure. They reported that Savillo had
been drinking alcohol the night before his
accident.
On Sept. 7, 2010, Judge Emily Jane
Goodman granted Savillo’s motion for
summary judgment. She also granted the
Greenpoint defendants’ motion seeking
summary judgment on their claim against
All-Safe Height Contracting for commonlaw indemnification.
The trial proceeded on damages.
Injury:
Savillo, who lost consciousness for
approximately 10 minutes after falling to
the ground, was taken by ambulance to
Bellevue Hospital Center, in Manhattan.
He was treated for a fracture of the T11
vertebra, several skull fractures, a contusion of the right frontal brain lobe, and
subdural and subarachnoid bleeding. Three
days after the accident, Savillo’s treating
neurosurgeon performed a spinal operation in which screws were placed into each
vertebra between the T7 and L2 levels,
along with vertical rods connecting each of
the screws, and the vertebrae were fused.
Savillo was at Bellevue for 14 weeks, a
longer stay than first anticipated because
he developed kidney infections. After his
release, Savillo moved to Florida to live
with relatives. He began a physical rehabilitation program, but he was forced to
miss many of his appointments during the
ensuing 10 months because he developed
multiple bedsores. One bedsore, on his
right buttock, necessitated a two-week hospitalization, during which necrotic tissue
and bone were removed.
Savillo, who has no sensation or movement below the waist, self-catheterizes to
void urine, and he uses a special device to
manually evacuate stools.
Savillo claimed that he is permanently
disabled. Plaintiff’s counsel argued that
Savillo’s future employment prospects, limited to manual labor even before the fall
because he never completed high school,
were further reduced by cognitive deficits
as a result of injuries to his brain.
Before the accident, All-Safe Height
Contracting had taken steps to ensure that
Savillo would become a member of the
carpenters’ union, according to plaintiff’s
counsel. Therefore, he would have earned
-Continued on p12
Civil Rights
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Newton v. City of New York
10/19
U.S. District
Court, Southern
District
Police & Prosecutorial Negligence: Loss
of evidence led to 22-year imprisonment,
suit alleged
John F. Schutty III, New York, NY
$18,592,000
Vargas v. City of New York
10/19
Kings Supreme
Prisoners' Rights : Diabetic prisoner didn't
receive insulin, suffered brain damage
Seth A. Harris, New York, NY of Burns & Harris
$17,500,000
Gibbs v. The City of New York
8/4
Eastern District
Civil Rights - City of New York awards
record settlement to man wrongly imprisoned for murder
Nick J. Brustin, New York, NY of Neufeld, Scheck & Brustin, LLP
$9,900,000
Screven v. Officer Hernandez
4/26
Eastern District
Police as Defendant :
Alan D. Levine, Kew Gardens, NY of Alan D. Levine, Attorney at Law
$65,000
Constitutional Law
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Hill v. Town of Fallsburg
3/5
Sullivan Supreme
Search and Seizure : Plaintiffs claimed police entered their home without warrant
Brian T. Edwards, Monticello, NY of Drew, Davidoff & Edwards
$5,500
Construction Defect
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Danseglio v. Jemval Corp.
12/9
Nassau Supreme
Defects : Historic home collapsed during
renovation, worker error alleged
William G. Wallace, Garden City, NY of Favata & Wallace LLP
$1,200,000
Leonard v. Davis Homes Inc.
5/5
Suffolk Supreme
Defects : Home's staircase not properly
secured, injured worker claimed
Ted M. Rosenberg, Holtsville, NY of Rosenberg & Gluck, L.L.P.
$740,000
McGee v. James V. Falso Construction Inc.
6/2
Onondaga
Supreme
Defects : Work site's temporary staircase
not sturdy, plaintiff claimed
Lawlor F. Quinlan, III, Buffalo, NY of Connors & Vilardo, L.L.P.
$350,000
Goldstein v. Brookwood Building Corp.
6/14
Monroe
Supreme
Defects : Homeowners claimed builder's
error led to mold infestation
Stephen G. Schwarz, Rochester, NY of Faraci Lange, LLP
$187,673
Williams-Grant v. Christmas
8/30
Westchester
Supreme
Defects : Unlicensed contractor bungled
renovation, homeowner alleged
Robert Brodsky, Harrison, NY of Brodsky & Peck;
$165,000
Orona v. Wai Sun Realty, LLC
11/22
New York Civil
Defects : Sidewalk's defect ignored for five
years, plaintiff alleged
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$140,000
Gifaldi v. Sunset Builders & Roofers
10/29
Erie Supreme
Defects : Roofer's errors led to damaging
leaks, homeowners claimed
Joseph Manna, Buffalo, NY of Lipstiz Green Scime Cambria
$93,000
10 Verdicts Search’s Top NY Verdicts of 2010
Burns and Harris with you every step of the way
Founded in 1996, the New York law firm of Burns and Harris relentlessly fights for your rights when you have been injured from an accident or another’s
negligence. We know how to deal with those responsible for your personal injury and have a proven track record in representing client interests from the
time of their initial consultation to the resolution of their case. We go into every trial prepared to win nothing less than a settlement in your best interest.
2 3 3 B r o a d w a y, S u i t e 9 0 0
N e w Yo r k , N Y 1 0 2 7 9
Te l : 1 - 8 8 8 - 3 0 9 - 0 0 8 7
1 . 8 8 8 . PA I N L AW
(1-888-724-6529)
Fax: 212-267-2110
For more than fifteen years, the New York law firm of Burns and Harris has successfully represented
clients in cases of personal injury, wrongful death, and medical malpractice and assisted in obtaining
substantial personal injury settlements. Our dedication and relentless determination to help injury and
accident victims has allowed us to win fair and extensive personal injury settlements for our clients.
Although personal injury settlements will vary as cases are different, our law firm has provided some
of our past settlements and case results in order to help better educate our clients.
Personal Injury Settlements
Mary Colon v. New York Eye Surgery - $2,253,714.00 verdict for trip and fall
A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall
when she moved to the right to allow another pedestrian to pass and her foot rolled to the outside due to
the sidewalk being unlevel with the adjoining grass. Ms. Colon fractured right ankle with resulting reflex
sympathetic dystrophy, a permanent condition causing hypersensitivity to the slightest touch. The jury
found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.
Samperisi v. Starbucks Coffee Co. - $3,470,670 for Espresso Machine Scalds Coffee Shop Customer*
The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine which exploded while the defendant’s employee was demonstrating how the machine worked. The client was a
customer at defendant’s coffee shop on the date of the accident, and suffered first-degree burns to her
right (dominant) hand, resulting in chronic Stage III reflex sympathetic dystrophy of the right upper
extremity. The jury awarded the client $3,470,670.
Sonia Calderon v. Macombs Village Associates – $450,000.00 Bronx injury settlement
Ms. Calderon, a wheelchair bound disabled woman was struck by a defective door in her apartment
building causing injury to her left leg. The injury caused an infection and eventual below the knee
amputation of Ms. Calderon’s left leg. The case was settled with defendants for a $450,000.00 injury
settlement in Bronx.
Perales v. City of New York - Slip and Fall in the Bronx $2,995,000*
The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed
four to five days prior to the date of the accident and the sidewalk was covered with ice. The client
claimed that the city owned the adjacent parking lot and allegedly did nothing to prevent cars from
riding over the sidewalk and parking the lot, which resulted in a ridge on the sidewalk creating
dangerous conditions for pedestrians. The client suffered a lumbar fracture and a herniated disc. The
jury found the city liable and awarded the client a $2,995,000 personal injury settlement in Bronx.
Juanita Young vs. City of New York - $1,350,000 verdict for excessive force *
A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive
force during an arrest. Ms. Young was arrested and later acquitted for trespassing in her own apartment. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her children watching, and taken to the top of the stairs to exit the building. While Ms. Young was descending
the starirs, the police officer shoved Ms. Young in the back, causing her to fall down the stairs. While
she was on the ground, the police officer pulled Ms. Young up from the ground by the handcuffs and
again pushed her down the stairs, causing Ms. Young to fall for the second time. Ms. Young was eventually taken to the hospital by ambulance. Ms. Young suffered a tear of a muscle in the right wrist that
required surgical intervention. The jury awarded $600,000 for past pain and suffering. $500,000 for
future pain and suffering, and $250,000 for excessive imprisonment.
Construction Accidents
Michael Brennan v. New Water Street Corp. $3,823,000 verdict for construction accident*
Mr.Brennan fell from approximately 25 feet while working at a construction project. He suffered a
shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennal also suffered
two fractures in his facial bones, and a dislocated finger requiring surgical repair. Mr. Brennan spent
34 days in the hospital and as a result of the accident walks with a limp and requires the use of a cane.
The jury rendered a verdict of $3,823,000, and the case was settled for $3,000,000.
Leon Griffin v. Clinton Green South, LLC and Bovis Lend Lease, LMB – Verdict $12,561,772
A Bronx Jury awarded Mr. Griffin over $12 million for an accident on a construction site. Mr. Griffin
was working when a piece of 35 pound piece of scaffold fell striking Mr. Griffin in the lower back.
Mr. Griffin suffered a herniated disc requiring surgical removal of a portion of the disc and permanent
nerve damage. Mr. Griffin is unable to return to work and is in constant pain. The jury found defendants liable for Mr. Griffins pain and suffering as well as his lost wages and benefits in the amount of
$12,561,772.
Wrongful Death and Medical Malpractice
Malcolm Ferguson v. City of New York - $10,500,000 verdict for wrongful death*
A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot
and killed by the New York City Police Department. Malcolm Ferguson, who was unarmed, was shot
point blank in the left temple of his head. The police officer, Louis Rivera, also a defendant in the case,
was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected
under the United States Constitution.
The jury awarded a $3,000,000 Bronx personal injury settlement for pain and suffering. $7,000,000
for punitive damages and $500,000 for loss of support.
Medical Malpractice and Wrongful Death - $4,000,000 with future value of $24,802,897.79 *
The firm represented the mother-decedent and her infant son. The mother-decedent came under the
care of the defendant-hospital in connection certain medical, anesthesiological, and obstetrical care,
treatment, and/or surgery to be rendered to the plaintiff by the defendants, its agents, servants and/or
employees. During the decedent’s admission to the defendant-hospital, the defendant dispensed anesthesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered personal injuries and wrongful death due to the defendant’s failure to properly administer epidural anesthesia. The defendant was also found to be careless and negligent in the care, treatment, delivery, and
management of the infant and his mother, prenatally, perinatally and postnatally, which caused brain
damage to the infant. The case settled for $1,000,000 for wrongful death of mother and $3,000,000 for
personal injuries of the infant due to the residue of the birth trauma sustained by infant.
Gerber v. Harry and Luisa Howard d/b/a Woodstock Manor Home for Senior Citizens v. Charnow
Associates - Adult Home Negligence $1,677,835 *
The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while
attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his
hip and as a result is confined to a wheel chair for the rest of his life. The client had a long history of
incontinence of which the staff at the adult home where he lived was aware. The client claimed that
the staff of the home failed to properly care for him, and the jury awarded $1,677,835.
John Doe v. Brooklyn Hospital Settlement - $2,750, 000 with a future value of $10,526,337 *
The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice.
The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain
damage and received a Brooklyn personal injury settlement.
-Continued from p10
better wages and more generous benefits
than he had received as a union bricklayer,
he claimed. All-Safe Height Contracting’s secretary testified that the company’s
owner had stated on numerous occasions
that Savillo would one day become a member of the carpenters’ union.
The plaintiff’s expert economist testified
that as a member of the carpenters’ union,
Savillo would have enjoyed earnings and
benefits totaling approximately $5.6
million over the course of his remaining
working years. Savillo’s economic expert
also testified that, based on the life-care
plan created by his physical rehabilitation
expert, the cost of future care would total
more than $9.2 million over a remaining life expectancy of 42 years. Plaintiff’s
counsel asked the jury to award a total of
$35 million for past and future pain and
suffering.
The defense’s neuropsychology expert
acknowledged that Savillo’s fall resulted in
cognitive damage but opined that he could
still be retrained to work.
All-Safe Height Contracting’s counsel
argued that Savillo’s membership in the
carpenters’ union was not guaranteed
at the time of his fall, and its economics expert testified that Savillo, if not a
member of the carpenters’ union, would
have earned roughly $2.3 million before
reaching retirement age. The life-care plan
estimated by All-Safe Height Contracting’s
rehabilitation expert was $8.12 million.
Verdict Information The jury found that
Savillo’s damages totaled $50,591,035.87.
Daniel J. Savillo
$551,348 Personal Injury: past medical
cost
$9,039,378 Personal Injury: future medical Cost
$196,475 Personal Injury: past lost earnings capability
$2,534,749 Personal Injury: future lost
earnings capability
$10,000,000 Personal Injury: past pain
and suffering
$25,000,000 Personal Injury: future pain
and suffering
$47,861 Personal Injury: past lost benefits
$3,030,786 Personal Injury: future lost
benefits
$190,439 Personal Injury: future transpor-
tation costs
Post-Trial: All-Safe’s counsel has moved for
a reduction of the damages awards.
Editor’s Comments - TThis report is based
on court documents and information that
was provided by plaintiff’s and defense
counsel.
#4
Man struck by car suffers paralysis, brain
damage
Verdict: (P) $40,876,000.00
Case Type: Pedestrian, Motor Vehicle Speeding, Motor Vehicle - Hit and Run
Malpractice - Plastic Surgeon
Case: Doreen Bergamo as Guardian ad
Litem of Matthew V Falcone, Jr v. Verizon
New York Inc Verizon NY Inc & Franklin
D Williams, No. 27399/07
Venue: Kings Supreme, NY
Judge: Lawrence Knipel
Date: 05-25-2010
PLAINTIFF(S) Attorney:
• Thomas A. Moore; Kramer, Dillof,
Livingston & Moore; New York, NY,
for Matthew V. Falcone, Jr.
Expert:
• Lawrence Shields M.D.; Neurology;
Long Beach, NY called by: Thomas
Moore
• Richard Schuster; Life Care Planning;
New York, NY called by: Thomas
Moore
• Alan Leiken Ph.D.; Economics; Stony
Brook, NY called by: Thomas Moore
Insurer:
• Self-insured Verizon New York
(primary coverage of $2,000,000)
• American International Group Inc.
for Verizon New York (excess)
Facts:
On Sept. 7, 2006, plaintiff Matthew
Falcone Jr., a 49-year-old unemployed
man who was receiving Social Security
disability benefits, was struck by a truck.
The incident occurred on Stillwell Avenue,
alongside its intersection at Bay 43rd
Street, in the Bensonhurst section of
Brooklyn. Falcone sustained injuries of his
-Continued on p14
Construction Accident
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Savillo v. Greenpoint Landing Associates LLC.
12/21
New York
Supreme
Labor Law : Worker's 12-foot fall caused
paralyzing injury
Roy R. Jaghab, Mineola, NY of Jaghab, Jaghab & Jaghab, P.C.& David B.
Golomb, New York, NY of Law Offices of David B. Golomb
$50,591,036
Barros v. New Roc Parcel 1A, LLC
1/26
Bronx Supreme
Labor Law : Carpenter alleged spine, ankle
injuries from 15-foot fall
Howard R. Borowick, Bronx, NY of counsel to Law Offices of Jacob
Oresky
$18,334,226
Mastando v. One Bryant Park, LLC
7/15
New York
Supreme
Labor Law : Makeshift scaffold's failure had
paralyzing result
Gregory S. Gennarelli, Robert Sack, Marvin Salenger, Woodbury, NY of
Salenger, Sack, Kimmel & Bavaro, LLP
$13,000,000
Griffin v. Clinton Green South, LLC
4/24
Bronx Supreme
Labor Law : Laborer hit by falling piece of
scaffold, alleged disabling injury
Seth A. Harris and Alison R. Keenan, New York, NY of Burns & Harris
$12,561,772
Montero v. Sentinel Diversified Industries Inc.
3/15
Queens
Supreme
Labor Law : Worker claimed 25-foot fall
led to fusion of spine
William Schwitzer, New York, NY of Dinkes & Schwitzer
$8,900,000
Rivera v. CSPN Paliuras Contracting
4/23
Queens
Supreme
Accidents : Undocumented immigrant
roofer paralyzed in fall
Kenneth J. Halperin and Philip A. Russotti, New York, NY of Wingate,
Russotti & Shapiro
$8,200,000
Garcia v. 77 Holding Corp.
9/13
Queens
Supreme
Labor Law : Laborer claimed three-story
fall ended career
Mauricio Malagon, New York, NY of Dinkes & Schwitzer
$6,327,800
Mamzer v. Consolidated Edison of New York
Inc.
11/10
Kings Supreme
Construction worker electrocuted while
erecting scaffold adjacent to power lines
Peter P. Traub, Jr., New York, NY of trial counsel to Law Offices of Antoni
Moszczynski, Brooklyn, NY
$6,000,000
Aguilar v. 610 West Realty LLC.
4/20
Bronx Supreme
Labor Law : Worker hit by falling doorframe underwent fusion of back, neck
Howard R. Borowick, New York, NY of of counsel, Law Offices of Jacob
Oresky
$5,600,000
Cocoli v. Champion Construction Corp.
5/17
Kings Supreme
Labor Law : Worker claimed shaky ladder
caused fall, spinal fractures
Nick Gjelaj and 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
$4,900,000
Migliaccio v. 808 Columbus LLC
1/4
New York
Supreme
Labor Law : Worker lost toes, claimed he
was placed too close to danger
Pat James Crispi, New York, NY of Keogh Crispi P.C.
$4,500,000
Shabazz v. City of New York
2/1
Bronx Supreme
Labor Law : Contractors didn't address icy
renovation site, worker alleged
Steven M. Weinstein, New York, NY of The Perecman Firm, PLLC
$4,093,694
Caban v. Maria Estela House I Assoc. LP
6/25
New York
Supreme
Labor Law : Worker broke ankle, leg in
20-foot fall after electric shock
D. Carl Lustig, III, New York, NY of Arye, Lustig & Sassower, P.C.
$4,077,239
Turk v. CPS 1 Realty LP
5/7
New York
Supreme
Labor Law : Plaintiff alleged roof's dangerous condition resulted in injury
Nick Gjelaj and Daniel P. O'Toole, New York, NY of Block O'Toole &
Murphy LLP
$4,000,000
Rawlings v. City of New York
9/7
Kings Supreme
Labor Law : Worker's spine fractured in
20-foot fall
Michael A. Rose, New York, NY of Hach & Rose, LLP
$3,475,000
Lee v. Riverhead Bay Motors
11/23
New York
Supreme
Scaffolds and Ladders : Appeals court's
reversal of $1.3 million verdict led to
second trial
Kenneth A. Wilhelm, New York, NY of Law Offices of Kenneth A. Wilhelm
$3,375,576
12 Verdicts Search’s Top NY Verdicts of 2010
Stuart L. Finz
Senior Trial Attorney and CEO
[email protected]
A N At i o N A l l Aw F i r m
Stuart L. Finz earned his reputation as a top trial attorney by having scored record multi-million dollar verdicts and
settlements. He has been rewarded with a coveted membership in the prestigious Super Lawyers, and the Multi-Million
Dollar Advocates Forum. Most recently, he obtained the largest recorded individual personal injury truck accident
settlement in New York State history on behalf of a single injured plaintiff. Mr. Finz represented a young mother and her
two-year-old son, who resided in London and returned to New York for a weekend family celebration, when they were
involved in a motor vehicle accident with a tractor-trailer. After being contacted by the family, Mr. Finz amassed his top
team of experts. The case was placed in suit in the United States Federal District Court, Southern District of New York,
within days of being retained. After over 40 depositions (many of which were all day video shoots), massive discovery
demands, and responses, the case was trial ready, and within one year of being retained, settled just prior to jury selection. The record settlement for the child was in the sum of $21,000,000.00 and the total case settlement was in the
sum of $24,500,000.00. In addition to his extraordinary courtroom skills, Stuart Finz oversees the Medical Malpractice,
Products Liability, Mass Tort, and General Negligence departments of the firm. Extreme preparation that includes stateof-the-art courtroom presentations, total dedication to his clients and forwarding attorneys, all join together in setting
forth a proven winning formula.
Judge Leonard L. Finz
Founder of the firm
Honorable Leonard L. Finz is a former NYS Supreme Court Justice, rated by his peers as one of “America’s Preeminent
Trial Lawyers”, and a master trial advocate in the courtroom (having scored record multi-million dollars verdicts and
settlements). A former professor of law, he has also served on the faculty of the National Judicial College where he has
taught judges in 50 states on Medical Malpractice, and issues of Trial Procedure. He is a prolific author of hundreds
of articles and opinions published in leading national journals and official reports. His name has appeared prominently
in news articles published in the NY Times; Wall Street Journal; Washington Post; Scripps; Newsweek; British Medical Journal; and NY Law Journal. He has been featured in countless seminars on such subjects as Trial Techniques,
Medical Malpractice, “Winning the Million Dollar Verdict”, and many more. Leonard L. Finz, a former U.S. Army officer
(Pacific Theater), was officially decorated by the Secretary of the Army for his “distinguished and meritorious service…
and outstanding contribution to military justice.”
The Finz Firm is AV rated by Martindale-Hubbell, has won over $500 Million in verdicts and settlements, and serves
clients and forwarding attorneys throughout New York State and Nationally in all matters of significant Personal Injury,
Medical Malpractice, Toxic Exposure, Defective Products, Unsafe Drugs, and Construction Accidents.
The firm has principal offices located in its own high-tech building in Mineola, New York in addition to offices in
Manhattan with affiliate offices throughout the country.
Contact the Finz firm toll free at (855) TOP-FIRM or log on to FinzFirm.com.
A Sampling of Multi-Million Dollar verdicts and settlements by Stuart L. Finz, Leonard L. Finz and the Finz Firm
Settlement - $24,500,000.00
Record truck accident settlement for a spinal cord injury caused by the careless operation of a loaded tractor
trailer.
Verdict - $22,575,000.00
Verdict for wrongful death, conscious pain and suffering,
punitive damages, and negligent infliction of emotional
distress for three children.
Verdict - $20,520,000.00
Verdict against Philip Morris USA Inc. and American
Tobacco for designing cigarettes to addict consumers. Punitive damages assessed against Philip Morris USA Inc. in
the sum of $17.1 million.
Verdict - $9,000,000.00
Verdict for a victim who fell down a flight of stairs and suffered a back injury when Con Edison shut down power to
her apartment building.
Settlement - $8,000,000.00
Settlement with the State of New York in the Court of
Claims for a victim who sustained brain damage while descending a recreational tube slide on a slope negligently
designed by New York State.
Settlement - $6,500,000.00
Settlement with a prescription drug manufacture that failed
to properly test its product prior to placing it on the market
resulting in an injury to an infant at birth.
Settlement - $6,000,000.00
Settlement with a landlord for a child that was exposed to
lead paint in an apartment. As a result of the lead paint
exposure the child sustained brain damage and was diagnosed with autism.
Settlement - $5,200,000.00
Settlement for an infant who suffered brain damage when a
gauze pad that was applied in her mouth during cleft pallet
surgery became lodged in her windpipe.
Verdict - $5,042,432.00
Verdict against Phillip Brothers Chemical Company, Inc.
who failed to adequately warn a worker in an electroplating
plant how to properly add zinc cyanide to a brass plating
mixture resulting in an explosion causing burns and loss
of vision in one eye.
Verdict - $5,000,000.00
Verdict against a hospital that failed to properly treat an
asthma patient resulting in respiratory arrest and brain
damage.
Verdict - $5,000,000.00
Verdict against a bus company in a wrongful death case
brought by the widow of a truck driver killed in a crash
with a bus.
Settlement - $5,000,000.00
Settlement for a victim whose legs were severed by a train
as a result of the railroad’s neglect in securing the track.
Settlement - $5,000,000.00
Settlement for a stagehand (employed by a Broadway musical) rendered quadriplegic in a fall from a 30 foot height
while attempting to repair stage lights.
Settlement - $4,800,000.00
Settlement for a construction worker killed when crushed
by a falling machine while working in a water tunnel six
hundred feet below ground.
Settlement - $4,700,000.00
Settlement for a shopper who was struck by a box that fell
off a high-low resulting in Reflex Sympathetic Dystrophy
(RSD)
Settlement - $4,600,000.00
Settlement for an asthma victim given contraindicated
medicine resulting in brain damage.
Settlement - $4,600,000.00
Settlement for a bicyclist that was thrown as a result of
a defective roadway maintained by the State of New York
during a charitable event.
Verdict with interest - $4,600,000.00
Verdict in an upstate county medical malpractice cardiac
case.
Settlement - $4,500,000.00
Settlement with a hospital for the failure to timely
diagnose and treat an intra-cerebral bleed of an 18
year old female patient that resulted in permanent brain
damage.
Settlement - $4,200,000.00
Settlement for a victim who suffered a stroke during the
delivery of her child.
Settlement - $3,500,000.00
Settlement for a newborn who contracted chickenpox from
a nursery doctor resulting in brain damage.
Settlement - $3,500,000.00
Settlement for a motorist struck by a rental car causing
neurological injuries.
Settlement - $3,350,000.00
Settlement in a Medical Malpractice case where the OBGYN clinic failed to inform the mother that her child would
be born deformed thereby depriving her of the opportunity
to have a legal abortion.
Settlement - $3,200,000.00
Settlement for a victim who suffered brain damage following replacement of a heart valve.
Settlement - $3,200,000.00
Settlement for a victim that was struck by a car and suffered brain damage while awaiting treatment in the hospital’s emergency room.
Verdict - $3,000,000.00
Verdict against the nation’s largest helmet manufacturer
when a victim was thrown from a motorcycle causing
her to strike her head on the pavement resulting in brain
damage despite wearing the protective helmet.
Verdict - $3,000,000.00
Verdict against an upstate hospital for failure to diagnose a
cerebral aneurysm.
Settlement - $2,875,000.00
Settlement for a worker who was required to change a part
in a commercial boiler without the main hot water supply
shut down resulting in second and third degree burns and
death.
Settlement - $2,750,000.00
Settlement for burns when a roach spray can ignited by
static electricity in the air.
Settlement - $2,500,000.00
Settlement for a construction worker when New York State
failed to secure a concrete form at a construction site on
the Long Island Expressway that fell striking the plaintiff
who was working at the site and sustained a herniated disc
which required surgery.
Settlement - $2,500,000.00
Settlement for the operator of a van that was killed by a
train at a railroad crossing that had an inadequate line of
sight.
Settlement - $2,400,000.00
Settlement for a victim who sustained a joint disease from
a contaminated food supplement.
Settlement - $2,400,000.00
Settlement for a victim whose mammogram was
misread as negative causing a delayed breast cancer
diagnosis resulting in a more advanced stage of cancer.
-Continued from p12
brain and head, and he remains severely
disabled.
Falcone’s sister, Doreen Bergamo, acting
as her brother’s guardian ad litem, sued
the truck’s driver, Franklin Williams, and
the truck’s owner, Verizon New York Inc.
Bergamo alleged that Williams was negligent in the operation of his vehicle. She
further alleged that Verizon New York was
vicariously liable for Williams’ actions.
Plaintiff’s counsel claimed that Williams
sped through the uncontrolled intersection. He presented a witness who was
driving on the opposite side of Stillwell
Avenue. The witness claimed that Williams did not intend to stop after he
struck Falcone. The witness eventually
drove across Williams’ path, and Williams
was forced to stop. Plaintiff’s counsel
argued that Williams was inattentive and
unaware that he had struck Falcone.
Williams contended that Falcone merely
scraped one of the truck’s sides and sideview mirrors, and he claimed that Falcone
initiated the contact. However, plaintiff’s
counsel presented photographs that demonstrated that the truck’s windshield and
front end were damaged, and he argued
that the photographs proved that the
truck’s front end struck Falcone.
Injury:
Falcone sustained fractures of his face.
He also sustained a traumatic injury
that caused bleeding of his brain, and he
became comatose. He was placed in an
ambulance, and he was transported to a
hospital.
Falcone’s coma lasted several weeks,
and his brain’s injury caused permanent
paralysis of the left side of his body. His
right side remains weak, and he is confined
to a wheelchair. He also suffers residual
impairment of his speech, diminishment
of his cognitive abilities, and incontinence
of his bladder and bowel, and he requires
assistance of all of his grooming and
hygienic functions. Falcone resides in a
rehabilitative facility, and plaintiff’s counsel
claimed that Falcone’s cognitive abilities
will diminish if he does not receive proper
rehabilitation.
Bergamo sought recovery of her brother’s past and future medical expenses, his
future expenses of daily living, the cost of
modifying his residence, and damages for
his past and future pain and suffering.
Verdict Information: The jury found
that the defendants were entirely liable for
the accident. It determined that Falcone’s
damages totaled $40,876,000.
Matthew V. Falcone, Jr.
$250,000 Personal Injury: future cost of
medication (25 years)
$30,000,000 Personal Injury: past pain
and suffering
$20,000 Personal Injury: future cost of
laboratory tests (25 years)
$67,000 Personal Injury: future cost of
medical and therapeutic evaluation (25
years)
$25,000 Personal Injury: future cost of
orthopedic and adaptive equipment (25
years)
$115,000 Personal Injury: future cost of
medical and therapeutic care (25 years)
$272,000 Personal Injury: future cost of
day care (11.5 years)
$452,000 Wrongful Death: future cost of
mobility/transportation (25 years)
$3,900,000 Wrongful Death: future cost
of supporting care (25 years)
$180,000 Wrongful Death: future cost of
housekeeper (25 years)
$57,000 Commercial: future cost of personal items (25 years)
$100,000 Commercial: residential modifications
$5,438,000 Commercial: future pain and
suffering (25 years)
Post-Trial: Defense counsel has moved to
set aside the verdict.
Editor’s Comments This report is based
on information that was provided by
plaintiff’s counsel. Defense counsel did not
respond to the reporter’s phone calls.
#5
Worker claimed tractor’s dangers weren’t
disclosed
Verdict: (P) $40,190,417.20
Case Type: Failure to Warn, Products
Liability - Automobiles
Case: Vito Saladino and Annmarie
Saladino v. Stewart & Stevenson Services,
Inc., Stewart & Stevenson Technical Ser-Continued on p16
Construction Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Guallpa v. Key Fat Corp.
10/19
Queens
Supreme
Labor Law : Laborer broke ankle in fall
from unsecured ladder
Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C.
$3,118,600
Ma v. Bradmor LLC
6/18
Queens
Supreme
Labor Law : Worker's 20-foot fall caused
spinal fracture
Peter K. Overzat, New York, NY of Morelli & Ratner
$3,040,039
Estate of Mielnik v. Demarest Mill Realty
3/22
Rockland
Supreme
Labor Law : Worker died after fall through
hole on building's second floor
Slawek W. Platta, New York, NY of Slawek W. Platta PLLC
$3,000,000
Iannaci v. 808 Columbus LLC
8/5
New York
Supreme
Labor Law : Worker blamed 15-foot fall
on unstable scaffold planks
William Cafaro, New York, NY and Steven M. Pivovar, Nanuet, NY, trial
counsel to Jasper & Jasper
$3,000,000
Moran v. Fifth @ 42nd LLC
9/1
Bronx
Supreme
Labor Law : Worker hit by falling wood,
claimed injuries of spine, knees
Stuart M. Rissoff, Garden City, NY
$3,000,000
Lalvay v. MBC Contractors Inc.
3/19
Rockland
Supreme
Labor Law : Roofer suffered brain damage
in fall from scaffold
John S. Park, Bronx, NY of Park & Nguyen
$2,750,000
Dooling v. NTX Interiors Inc.
2/24
New York
Supreme
Labor Law : Electrician claimed shock led
to fall, spinal woes
Keith D. Silverstein and Clifford J. Stern, New York, NY of Silverstein &
Stern, LLP
$2,600,000
Baran v. Clinton Green Condo, LLC
3/3
New York
Supreme
Labor Law : Worn plywood stepping
surface a hazard, worker claimed
Michael A. Rose, New York, NY of Hach & Rose, L.L.P.
$2,500,000
Jovicevic v. Structure Tone Inc.
5/3
New York
Supreme
Labor Law : Parties debated whether
injured worker fell or jumped
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC
$2,500,000
Zwitek v. New York City School Construction
Authority
2/4
Kings
Supreme
Labor Law : Worker's 12-foot fall blamed
on lack of safe equipment
David H. Perecman, New York, NY of The Perecman Firm, PLLC
$2,400,000
Lupo v. Pro Foods, LLC.
8/2
New York
Supreme
Labor Law : Mason fell into freshly poured
cement at job site
Adam M. Hurwitz and David H. Perecman, New York, NY of The Perecman Firm, PLLC
$2,367,296
Ramphal v. 415 Greenwich Owner, LLC
1/21
New York
Supreme
Labor Law : Worker's ankle and neck
fractures blamed on shifty ladder
Glenn K. Faegenburg, New York, NY of The Edelsteins, Faegenburg &
Brown, LLP
$2,300,000
Ankiah v. 459 West 18th Street, LLC
8/13
Kings
Supreme
Labor Law : Modified hoist shaft caused
deadly accident, suit alleged
Nick Gjelaj and Daniel P. O'Toole, New York, NY of Block O'Toole &
Murphy LLP, trial counsel to Michael T. Ridge, Bronx, NY
$2,250,000
Drazek v. Pontiac Holding L.L.C.
9/21
Rockland
Supreme
Labor Law : Mason claimed lack of safety
equipment resulted in fall
Jason Krakower and Howard A. Raphaelson, New York, NY of Raphaelson
& Levine Law Firm, P.C.
$2,250,000
Xhaferri v. NYC Partnership Housing Development Fund Co. Inc.
9/13
Bronx
Supreme
Labor Law : Parties debated permanency
of worker's spinal fracture
Ylber Albert Dauti, New York, NY of The Dauti Law Firm, P.C.
$2,225,000
Whelan v. International Plaza Associates, L.P.
7/20
New York
Supreme
Labor Law : Carpenter struck by falling
door, caused spinal injuries
Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole
& Murphy LLP
$2,225,000
Manning v. Tishman Construction
6/18
New York
Supreme
Labor Law : Worker fell off of building's
edge, landed on co-worker
Joseph P. Carfora and Evan Sacks, New York, NY of Sacks & Sacks
$2,207,748
14 Verdicts Search’s Top NY Verdicts of 2010
David B. Golomb
Areas of Concentration
• Construction accidents
• Workplace accidents
• Defective products
• Auto/motorcycle accidents
• Premises liability
• Medical malpractice
JAGHAB, JAGHAB & JAGHAB proudly congratulates DAviD B. GolomB and Roy R.
JAGHAB on their recent verdict in Savillo v. Greenpoint Landing LLC. The case resulted in a
verdict of $50,591,035.00, which ranks #3 of the Highest New York Verdicts of 2010 and #39 in The
Top 100 Verdicts in the United States for 2010. They also recently obtained a verdict in the amount
of $10,000,000.00 in Nunez v. Levy, et al. That case involved a 27-year-old immigrant demolition
worker whose leg was crushed and then amputated.
The firms are proud to announce that DAviD B. GolomB is now Trial Counsel to the firm, accepting
referrals on complex litigation and catastrophic injury cases. Please feel free to contact the firm
regarding any referrals.
(888) THE-FIRM | (888) 843-3476
176 Mineola Blvd. Mineola, NY 11501
-Continued from p14
vices, Inc. and Stewart & Stevenson Tug,
No. 01-CV-7644
Venue: U.S. District Court, Eastern
District, NY
Judge: Sandra L. Townes
Date: 07-26-2010
•
PLAINTIFF(S) Attorney:
• Jonathan I. Edelstein; Law Office of
Jonathan I. Edelstein, New York, NY,
of counsel to McAndrew Conboy &
Prisco, Woodbury, NY; New York,
NY, for AnnMarie Saladino, Vito
Saladino
• Nadia M. Chionchio , Kevin B.
McAndrew and William J. Poisson;
McAndrew Conboy & Prisco; Woodbury, NY, for Vito Saladino, AnnMarie Saladino
Expert:
• Adam Stein M.D.; Physical Medicine;
Great Neck, NY called by: Kevin
McAndrew, William Poisson, Nadia
Chionchio, Jon Edelstein, Jonathan
Edelstein
• William Burke Ph.D.; Life Care
Planning; Portsmouth, NH called by:
Kevin McAndrew, William Poisson,
Nadia Chionchio, Jon Edelstein,
Jonathan Edelstein
Alan Leiken Ph.D.; Economics;
Stony Brook, NY called by: Kevin
McAndrew, William Poisson, Nadia
Chionchio, Jon Edelstein, Jonathan
Edelstein
Facts:
On Jan. 17, 1999, plaintiff Vito
Saladino, 36, an airline’s clerk, was a
passenger of a “baggage tug” tractor that
was being driven by a co-worker, Daniel
Snow, who was traveling on a tarmac of
John F. Kennedy International Airport, in
the Jamaica section of Queens. The men
passed a stationary American Airlines Inc.
aircraft whose engines were being tested.
The engines expelled “jet wash,” which
is a turbulent wake of gases. The wake’s
force dislodged the tractor’s hood, which
struck Saladino’s head. Saladino sustained
a paralyzing injury.
Saladino sued the model BT-345G
tractor’s manufacturer, Marietta, Ga.based Stewart & Stevenson Tug, LLC; the
company’s parent, Houston-based Stewart
& Stevenson Services Inc.; and a subdivision of the parent, Stewart & Stevenson
Technical Services Inc. Saladino alleged
that the tractor was defectively designed,
that the defect constituted a breach of the
product’s warranty and that the defendants
failed to provide a warning of the dangers
that could have resulted from the tractor’s
use.
The defendants impleaded Saladino’s
employer, American Airlines Inc. They
alleged that the airline failed to provide
a warning of the dangers that could have
resulted from the use of a tractor that was
being repaired. They further alleged that
the airline failed to provide a warning that
disclosed that the jet’s engines were being
tested.
Judge Sandra Townes dismissed the
claim that alleged that the tractor was defectively designed. She also dismissed the
claim that alleged that the tractor’s condition constituted a breach of the product’s
warranty.
Saladino’s counsel noted that the
tractor’s passengers were supposed to be
protected by a cab, but that the cab had
been removed by workers who had been
repairing the vehicle. They also noted that
the tractor’s hood opened toward the compartment that housed the passengers. They
contended that the vehicle’s manufacturer
was aware that the hood could have struck
an unprotected passenger. They claimed
that the hazard could have been eliminated by the installation of hinges that
would have limited the hood’s movement.
They also claimed that the vehicle should
have been accompanied by warnings that
explained that the hood could strike a
passenger.
Stewart & Stevenson Tug’s counsel
contended that the tractor’s original design
included two rubber latches that secured
the sides of its hood. He contended that
a third latch was added in 1990. They
claimed that the latches would have
adequately secured the hood, but that
the latches were damaged after American
Airlines had established exclusive control
of the vehicle. They contended that the
airline conducted monthly inspections of
the vehicle, and they also contended that
the airport’s operator, the Port Authority
of New York and New Jersey, performed
yearly inspections of the vehicle.
-Continued on p18
Construction Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Morales-Morillo v. Sunnyside Commons, LLC.
8/9
Bronx
Supreme
Labor Law : Worker claimed 40-foot fall
caused injuries of brain, spine
Kenneth J. Halperin, New York, NY of Wingate, Russotti & Shapiro, L.L.P.
$2,200,000
Flores v. Love Lane Mews, LLC
10/26
Queens
Supreme
Labor Law : Laborer's fall in uncovered
hole caused injuries
Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole
& Murphy LLP
$2,200,000
Ganiev v. E S M Construction Corp.
3/3
Kings
Supreme
Labor Law : Carpenter hit by falling wood,
claimed brain, neck injuries
Frederick C. Aranki and Daniel P. O'Toole, New York, NY of Block
O'Toole & Murphy, LLP
$2,150,000
Avella v. 7 World Trade Co., L.P.
9/16
New York Civil
Labor Law : Worker cut by plywood
claimed disabling nerve damage
Peter Ginsberg, Mineola, NY of Ginsberg & Bianco, LLP
$2,150,000
Zaffarese v. 123 William Street LLC
11/18
New York
Supreme
Labor Law : Unsecured ladder not fit for
job, worker claimed
Michael A. Rose, New York, NY of Hach & Rose, LLP
$2,000,000
Kim v. State Street Hospitality, LLC.
11/9
Queens
Supreme
Labor Law : Plaintiff was struck by falling
debris while working on ladder
Edward V. Sapone and Paul H. Schietroma, New York, NY
$1,922,215
Castillo v. 62-25 30th Ave & Realty, LLC
10/20
Queens
Supreme
Labor Law : Demo worker claimed fall
caused permanent injuries
Mariangela Chiaravalloti, New York, NY of Friedman & Friedman
$1,800,000
Carson v. Scrufari Construction Co. Inc.
2/25
Niagara
Supreme
Labor Law : Unstable scaffold caused fall,
spinal injuries, carpenter alleged
John F. Maxwell, Buffalo, NY of Maxwell Murphy, LLC
$1,750,000
Williams v. NYC
7/8
Bronx
Supreme
Slip and Fall : Plaintiff allegedly demanded
doctor certify him as disabled
Adam Levien, and Devon Reiff, New York, NY of Sacks & Sacks
$1,750,000
Valentin v. Kivo Realty, LLC
6/29
Kings
Supreme
Labor Law : Worker claimed fall from ladder caused shoulder, spine injuries
David Schuller, New York, NY of Edelman & Edelman, P.C.
$1,735,000
Rydza v. Northeast Transit & William, LLC
3/4
Erie
Supreme
Labor Law : Fall caused elbow, neck, shoulder injuries, worker alleged
Catherine Beltz-Foley and Stephen R. Foley, Buffalo, NY of Paul William
Beltz, P.C.
$1,729,680
Santaella v. United Parcel Service Inc.
4/28
New York
Supreme
Labor Law : Worker broke wrist, tore
shoulder in fall from ladder
Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C.
$1,669,259
Waltz v. Bethpage Energy Center 3, LLC
3/9
Suffolk
Supreme
Labor Law : Work site's stairs marred by
dirt, debris, plaintiff alleged
James J. McCrorie, New York, NY of Fanning & McCrorie, P.C.
$1,580,000
Ragghianti v. Manocherian
4/9
New York
Supreme
Fall from Height : Worker suffered spinal
injuries when scaffold collapsed
Marc E. Freund and Thomas J. Moverman, New York, NY of Lipsig, Shapey,
Manus & Moverman, P.C.
$1,500,000
Alagna v. P/C 89th Street LLC
3/3
New York
Supreme
Labor Law : Job site's makeshift walkway a
hazard, worker alleged
Mark L. Hankin, New York, NY of Hankin & Mazel, PLLC
$1,500,000
Gregory v. Miller's Tool Rental & Sales Corp
6/17
Kings
Supreme
Scaffolds and Ladders : Defendant claimed
owner familiar with scaffolds and should
have inspected prior to use...
Michael Barnett, New York, NY of Law Offices of Michael Barnett
$1,500,000
16 Verdicts Search’s Top NY Verdicts of 2010
-Continued from p16
Stewart & Stevenson Tug’s counsel also
noted that the tractor’s cab was crushed
during an accident that occurred in 1998.
They claimed that the vehicle was removed
from service, that its license plates were removed and that it received the standard tag
that is applied to vehicles that have been
removed from service. They contended
that Saladino’s accident occurred before
the repairs could be completed.
Stewart & Stevenson Tug’s counsel
further contended that Saladino and Snow
were aware that the hood’s latches were
damaged, that the vehicle’s fenders were
missing and that the engine’s compartment
was missing one of its protective panels.
They also contended that the men were
aware that the hood was being secured by
a strap, and they claimed that Saladino
warned that the hood could dislodge if
Snow did not maintain a safe speed. They
contended that Saladino was a trained,
knowledgeable user of the vehicle; that he
had previously operator tractors that were
missing latches; that he was aware of the
danger that could have arisen from driving
near a jet; and that he was aware of the
powerful effects of jet wash. As such, they
argued that Saladino would not have been
benefited by any warning that the tractor’s
manufacturer could have provided.
Stewart & Stevenson Tug’s counsel also
contended that American Airlines failed to
provide adequate warnings. They argued
that the airline’s employees did not receive
a warning that disclosed the dangers that
could have resulted from the use of a
tractor that was being repaired. They also
argued that the airline failed to disclose
that the jet’s engines were being tested.
Injury:
Saladino sustained fractures of his
spine’s cervical region. The injuries caused
compression and instability of the spine.
He underwent surgeries that included a
corpectomy, which involved the removal of
his C5 vertebra; a hemi-corpectomy, which
involved the removal of a portion of his
C4 vertebra; microdiskectomies, which involved the removal of intervertebral discs;
and decompression and fusion of a portion
of his spine’s cervical region. He also
underwent extensive rehabilitation, which
was complicated by his development of
bedsores, which are alternately termed
“decubitus ulcers” or “pressure sores.”
Saladino suffers total quadriplegia. He
requires the constant assistance of residential nurses and aides, and he cannot
perform any type of work.
The parties stipulated that Saladino’s
past medical expenses totaled $4,908,108.
Saladino sought reimbursement of that
amount, recovery of his future medical
expenses, recovery of his past and future
lost earnings, and recovery of damages for
his past and future pain and suffering. His
wife sought recovery of damages for her
loss of consortium.
Verdict Information In November 2008,
the jury found that the defendants were
liable for the accident. American Airlines
was assigned 70 percent of the liability,
and the remaining defendants were assigned a total of 30 percent of the liability.
Another jury determined that the Saladinos’ damages totaled $40,190,417.20.
AnnMarie Saladino
$750,000 Personal Injury: loss of consortium
Vito Saladino
$532,309 Personal Injury: past lost earnings capability
$5,000,000 Personal Injury: past pain and
suffering
$4,908,108 Personal Injury: past medical
cost (stipulated)
$18,000,000 Personal Injury: future medical cost (24 years)
$1,000,000 Personal Injury: future lost
earnings (14 years)
$10,000,000 Personal Injury: future pain
and suffering (24 years)
Post-Trial: Motions are pending.
Editor’s Comments his report is based
on information that was provided by
plaintiffs’ counsel and counsel of Stewart
& Stevenson Services, Stewart & Stevenson Technical Services, and Stewart &
Stevenson Tug. American Airlines’ counsel
declined to contribute.
#6
Radiology practices accused benefits managers of antitrust
Verdict: (P) $35,101,797.00
-Continued on p20
Construction Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
McCutchan v. Philip Ross Industries Inc.
4/29
Nassau Supreme
Labor Law : Parties debated whether ladder was suitable for dismantling job
Thomas S. Russo, Carle Place, NY of Edelman, Krasin & Jaye PLLC
$1,425,000
Perez v. 281 Broadway Holdings, LLC
3/2
New York
Supreme
Labor Law : Worker's hand crushed by
concrete plate
Stephen J. Murphy & David L. Scher, New York, NY of Block O'Toole &
Murphy, LLP
$1,350,000
Urena v. Ciampa Estates, LLC.
2/11
Queens Supreme
Labor Law : Parties debated presence of
scaffold in worker's accident
Adam M. Orlow, Flushing, NY of The Orlow Firm
$1,250,000
Nelson v. 90 Fifth Owner, LLC.
2/22
New York
Supreme
Labor Law : Worker's 15-foot fall blamed
on unstable scaffold
Kenneth J. Halperin, New York, NY of Wingate, Russotti & Shapiro, LLP
$1,200,000
Uddin v. 98-100 Skillman Street Condominium
Inc
11/4
Kings Supreme
Labor Law : Worker's fall from ladder
caused three fractures of spine
William T. Bellard, Garden City, NY of Marshall & Bellard, Garden City, NY,
of counsel, John Chambers, PC, New York, NY
$1,200,000
Alford v. City of New York
1/19
Kings Supreme
Labor Law : Modified saw caused facial
laceration, worker claimed
Sean P. Constable and Stephen J. Murphy, New York, NY of Block O'Toole
& Murphy, L.L.P.
$1,150,000
Cuevas v. Elaine Kaufman Cultural Center
8/17
New York
Supreme
Labor Law : Plaintiff claimed 20-foot fall
ended construction career
Gary Silverstein, New York, NY of Rosenberg, Minc, Falkoff & Wolff
$1,139,814
Wasek v. New York City Health & Hospital
1/13
New York
Supreme
Labor Law : Drilling accident left worker
blind in one eye
Daniel T. Leav, New York, NY of Leav & Steinberg, L.L.P.
$1,100,000
Parnell v. Mareddy
3/24
Nassau Supreme
Labor Law : Worker sustained seven
fractures in 20-foot fall
Bruce Egert, Richmond Hill, NY of Law Offices of Bruce Egert
$1,000,000
Hricus v. Aurora Contractors, Inc
5/17
Suffolk Supreme
Labor Law : Worker hurt by hand truck
claimed defect was ignored
Edmond C. Chakmakian, Hauppauge, NY of Law Offices of Edmond C.
Chakmakian, P.C.
$1,000,000
Potter v. Jay E. Potter Co. Inc.
4/20
Wyoming
Supreme
Labor Law : Worker catapulted off of
forklift during unloading of truck
Richard P. Amico and K. John Wright, Rochester, NY of Cellino & Barnes,
P.C.
$1,000,000
Alfaro v. 65 West 13th Acquisition LLC
2/5
Kings Supreme
Labor Law : Worker claimed job site's
unfinished stairs a hazard
Ronald J. Katter, New York, NY of Law Office of Ronald Katter;
$1,000,000
Frederick v. West 63 Empire Associates LLC
9/30
Kings Supreme
Labor Law : Worker loses finger to power
saw with no guard
Rovin R. Rozario, Brooklyn, NY of Rozario & Associates, P.C.
$1,000,000
O'Brien v. Kubricky Construction
11/24
Saratoga Supreme
Fall from Height : Defense: Quarryman
must've climbed ladder too quickly
Michael C. Conway, Albany, NY of Harris, Conway & Donovan, PLLC
$911,179
Ramirez v. Marine Estates LLC
4/28
Queens Supreme
Labor Law : Parties debated scaffold's link
to worker's injuries
Adam M. Orlow, Flushing, NY of The Orlow Firm
$900,000
Meng v. Forbes Homes Inc.
1/12
Erie Supreme
Labor Law : Worker claimed arm remains
numb, painful after fall at job site
Catherine Beltz-Foley, Stephen R. Foley and Timothy Hudson, Buffalo, NY
of Paul William Beltz, P.C.
$850,000
18 Verdicts Search’s Top NY Verdicts of 2010
250 West 57th Street, 4th Floor
New York NY 10107
THE PERECMAN FIRM, P.L.L.C.
AT TORNEYS AT LAW
Tele (212) 977-7033
Fax (212) 977-7035
TRIALS ARE NOT THE ALTERNATIVE
TO SETTLEMENTS. SETTLEMENTS ARE
THE ALTERNATIVE TO TRIALS.
Sometimes lawyers have to make a decision whether to
keep a client’s case in house or to retain counsel and if
they retain counsel, then who?
David H. Perecman, Esq.
Chair, Labor Law Committee,
You want to know that your client and the case will be
handled professionally . Many firms can do that. So what
makes David Perecman and his firm different? It’s our
Past Treasurer and Secretary,
approach. From day one I look at a case thinking about
New York State Trial Lawyer’s Association
my summation and I build from there. I don’t try a case
because I can’t settle it. I try cases because I have learned,
over and over, that odds are I will get a far better result
for the client from a jury than from a claims examiner. I
try cases because I love it. I love the planning, the cross
examination and the beautiful smile on a client’s face
when they win.
Don’t take my word. See our website www.Perecman.
com. to view the numerous multimillion dollar verdicts
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us
repeated
recognition in this and prior years’ “Top NY Verdicts”.
-Continued from p18
Case Type: Business Law - Unfair Competition, Business Law - Tortious Interference
with a Business Relationship
Case: Stand-Up MRI of the Bronx P.C.,
Stand-Up MRI of Brooklyn P.C., StandUp MRI of Carle Place P.C., Stand-Up
MRI of Deer Park P.C., Stand-Up MRI of
Lynbrook P.C., Stand-Up MRI of Manhattan P.C., Stand-Up MRI of Queens P.C.
and Health Diagnostics LLC v. CareCore
National LLC, Carecore Management
Services Inc., New York Medical Imaging
IPA Inc., NYMI IPA-O LLC, NYMIIPA-MLLC, CCN-HI IPA LLC, CCN
IPA Inc. and CCN WNY, IPA Inc., No.
2:08-cv-02954-LDW-ETB
Venue: U.S. District Court, Eastern
District, NY
Judge: Leonard D. Wexler
Date: 11-30-2010
PLAINTIFF(S) Attorney:
• Axel A. Bernabe; Constantine Cannon LLP; New York, NY, for Health
Diagnostics LLC, Stand-Up MRI of
Brooklyn P.C. and Health Diagnostics
LLC, Stand-Up MRI of Carle Place
•
•
P.C. and Health Diagnostics LLC,
Stand-Up MRI of Deer Park P.C. and
Health Diagnostics LLC, Stand-Up
MRI of Lynbrook P.C. and Health
Diagnostics LLC, Stand-Up MRI of
Manhattan P.C. and Health Diagnostics LLC, Stand-Up MRI of Queens
P.C. and Health Diagnostics LLC,
Stand-Up MRI of the Bronx P.C. and
Health Diagnostics LLC
Matthew L. Cantor; Constantine
Cannon LLP; New York, NY, for
Stand-Up MRI of the Bronx P.C. and
Health Diagnostics LLC, Stand-Up
MRI of Brooklyn P.C. and Health
Diagnostics LLC, Stand-Up MRI of
Carle Place P.C. and Health Diagnostics LLC, Stand-Up MRI of Deer Park
P.C. and Health Diagnostics LLC,
Stand-Up MRI of Lynbrook P.C. and
Health Diagnostics LLC, Stand-Up
MRI of Manhattan P.C. and Health
Diagnostics LLC, Stand-Up MRI of
Queens P.C. and Health Diagnostics
LLC, Health Diagnostics LLC
Gary J. Malone; Constantine Cannon LLP; New York, NY, for Health
Diagnostics LLC, Stand-Up MRI of
Brooklyn P.C. and Health Diagnostics
LLC, Stand-Up MRI of Carle Place
P.C. and Health Diagnostics LLC,
Stand-Up MRI of Deer Park P.C. and
Health Diagnostics LLC, Stand-Up
MRI of Lynbrook P.C. and Health
Diagnostics LLC, Stand-Up MRI of
Manhattan P.C. and Health Diagnostics LLC, Stand-Up MRI of Queens
P.C. and Health Diagnostics LLC,
Stand-Up MRI of the Bronx P.C. and
Health Diagnostics LLC
Expert:
• Robert Maness Ph.D.; Antitrust (Economics); College Station, TX called by:
Matthew Cantor, Axel Bernabe, Gary
Malone
Francis Smith M.D.; Radiology called by:
Matthew Cantor, Axel Bernabe, Gary Malone
Facts:
The plaintiffs are a group of radiology offices located throughout the New York City
area that provide upright magnetic resonance
imaging. Upright MRIs allow radiologists to
capture images of patients while they are in
weight-bearing positions, as opposed to lying
down. These plaintiffs, collectively known
as Stand-Up MRI, are owned by radiologist
Stephen Hershowitz and managed by Health
Diagnostics, also a plaintiff in the action.
Between 2002 and 2008, Stand-Up MRI
on several occasions applied to join several
insurance company physician networks that
were managed by CareCore National, a
benefit management company that handles
reimbursements for some of the country’s
largest health insurance providers. On each
occasion, Stand-Up MRI’s application was
rejected.
Stand-Up MRI and Health Diagnostics
sued CareCore and several related corporate
entities, alleging tortious interference with
prospective business relations and violation of federal antitrust laws. The plaintiffs
claimed that CareCore, majority-owned by
a group of downstate New York radiologists
and radiology practice groups, was attempting to harm its shareholders’ competition by
ensuring that Stand-Up MRI was not affiliated with several of the New York City area’s
largest insurance reimbursements networks,
and thus less likely to receive physicians’
patient referrals.
The defense maintained that the denials of
Stand-Up MRI’s applications had been based
on a finding that CareCore’s networks had
-Continued on p22
Construction Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Harvey v. Dunn-Chatham Inc.
5/6
Columbia
Supreme
Labor Law : Carpenter hurt wrist, elbow
in fall from roof
Mark D. Greenberg, Hudson, NY of Greenberg & Greenberg
$850,000
Martinovic v. 160/170 Varick Street Condominium
10/27
New York
Supreme
Labor Law : Steamfitter claimed permanent disability as a result of fall
Kostantinos Mallas, Brooklyn, NY of Georgaklis & Mallas PLLC, Brooklyn,
NY, trial counsel to David Lee Esq., New York, NY
$830,000
Iacono v. Merciful Spring, LLC
7/13
Kings
Supreme
Labor Law : Worker claimed construction
site accident caused spinal woes
Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.
$820,000
Garcia v. Plaza 400 Owners, Corp.
7/23
New York
Supreme
Labor Law : Sidewalk shed not safely
constructed, worker alleged
Michael E. Jaffe, New York, NY of Pazer, Epstein & Jaffe, P.C.
$800,000
Fernandez v. Yorkshire Towers Company Successor II, L.P.
7/21
Queens
Supreme
Labor Law : Shaky plywood not enough to
stop fall into shaft, worker alleged
Sean P. Constable and Stephen J. Murphy, New York, NY of Block O'Toole
& Murphy, LLP
$800,000
Ortiz v. Ferrarone
12/17
Bronx
Supreme
Labor Law : Worker fractured spine in
20-foot fall from ladder
Luis F. Ras, White Plains, NY of Ras Associates, PPLC
$800,000
Prince v. 198-210 16th Street LLC.
9/23
Bronx
Supreme
Labor Law : Suit's parties debated
worker's need for protective eyewear
Pablo A. Sosa, Bronx, NY of Law Office of William A. Gallina
$750,000
Son v. Mittal Steel USA Inc.
1/5
Queens
Supreme
Labor Law : Worker claimed 20-foot fall
caused spine, shoulder injuries
David N. Sloan, Hicksville, NY of Law Offices of David N. Sloan
$650,000
Masullo v. 1199 Housing Corp.
1/5
New York
Supreme
Labor Law : Worker claimed no equipment provided for overhead work
William Peterman, Bronx, NY of Corpina, Piergrossi, Klar & Peterman, LLP
$650,000
Roca v. Hunter Roberts Construction Group
4/8
New York
Supreme
Labor Law : Scaffold not fit for painting
job, plaintiff alleged
Edward J. Pavia, Jr., Staten Island, NY of Jonathan D'Agostino & Associates,
P.C.
$550,000
Rosario v. Pranzer, Inc
8/26
Bronx
Supreme
Labor Law : Employers didn't provide ladder for ceiling work, plaintiff claimed
Carmine J. Goncalves, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C.
$525,000
Abrahamsen v. JMK Building Corp.
6/15
Orange
Supreme
Labor Law : Worker fell through floor,
alleged injury of shoulder
James Burke, Newburgh, NY of Larkin Axelrod Ingrassia & Tetenbaum,
LLP & Patrick T. Burke, Newburgh, NY, trial counsel
$425,000
Rivera v. 800 Alabama Ave., LLC.
4/9
Kings
Supreme
Labor Law : Carpenter: Ladder accident
caused permanent hand injury
Lee M. Huttner, New York, NY of Law Office of Lee M. Huttner
$225,000
O'Leary v. Hansen
9/28
Rockland
Supreme
Labor Law : Carpenter broke wrist in fall
off of roof
Robert J. Bellinson, New York, NY of trial counsel, Wingate, Russotti &
Shapiro, LLP
$215,000
Talbot v. Angarano
6/23
Onondaga
Supreme
Labor Law : Worker sustained multiple
fractures of foot after 15-foot fall
Jan M. Smolak, Auburn, NY of Michaels & Smolak
$75,000
Once v. Service Center of New York
7/20
New York
Supreme
Labor Law : Defense: Plaintiff to blame for
injury caused by defective saw
Dennis Breen, New York, NY of Law Office of Samuel J. Lurie
$73,200
20 Verdicts Search’s Top NY Verdicts of 2010
-Continued from p20
not been in need of additional imaging facilities in the affected geographical areas. The
defense further argued that at least one client
regarded Stand-Up MRI’s imaging technology to be experimental.
Defense counsel called an expert radiologist, who testified that lie-down MRIs
comprise the current standard of care in the
United States, and that upright MRIs do not
offer any substantial benefits compared to
lie-down MRIs.
The plaintiffs’ radiology expert testified
that upright MRIs have unique diagnostic
capabilities that are particularly helpful to
certain classes of patients, such as those with
a curvature of the spine.
Injury:
Both sides called to the stand at trial expert
economists who specialize in antitrust analysis. The two experts gave opposing opinions
on whether the defendants: had a sufficiently
substantial market power to have engaged in
an anti-competitive conspiracy that violated
federal law, had engaged in anti-competitive
conduct that caused the plaintiffs harm, or
had any reason to engage in an anti-competi-
tive conspiracy.
The plaintiffs’ antitrust expert estimated
that the defendants’ allegedly anti-competitive conduct had cost the plaintiffs at least
$9.4 million, and as much as $20 million.
Verdict Information: The jury concluded
that the defendants had entered into a conspiracy that involved actions in restraint of trade,
and that their conduct resulted in economic
injury to the plaintiffs and tortious interference with their prospective business relations.
The jury awarded $11.7 million to the various
Stand-Up MRI entities on their antitrust claim,
and $1 for each of those entities on their tortious interference claim. Under federal law, the
antitrust award is automatically trebled for a
total of $35,101,797
Stand-Up MRI of Brooklyn P.C. and Health
Diagnostics LLC
$2,697,983 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Stand-Up MRI of Carle Place P.C. and Health
Diagnostics LLC
$796,709 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Stand-Up MRI of Deer Park P.C. and Health
Diagnostics LLC
$1,049,165 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Stand-Up MRI of Lynbrook P.C. and Health
Diagnostics LLC
$1,058,284 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Stand-Up MRI of Manhattan P.C. and Health
Diagnostics LLC
$1,261,593 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Stand-Up MRI of Queens P.C. and Health
Diagnostics LLC
$1,643,005 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Stand-Up MRI of the Bronx P.C. and Health
Diagnostics LLC
$3,193,860 Commercial: Antitrust Damages
$1 Commercial: Tortious Interference Damages
Post-Trial: TDefense counsel have filed a
motion seeking judgment as a matter of law or,
in the alternative, a new trial. Plaintiffs’ counsel
have filed a motion for injunctive relief and will
be seeking costs and attorney fees -- mandatory
under federal antitrust law -- that are thought to
total between $4 million and $5 million.
Editor’s Comments - This report is based on
court documents and on information that was
provided by plaintiffs’ and defense counsel.
#7
Medical Malpractice - Surgeon overlooked
damaged colon, patient alleged
Verdict: (P) $20,000,000.00
Case Type: Surgical Error, Medical
Malpractice - Failure to Detect, Medical
Malpractice - Failure to Refer, Medical
Malpractice - Post-Operative Care
Case: Edgar Gonzalez v. Carl Guillaume
M.D. and St. Barnabas Hospial, No.
14519/05
Venue: Bronx Supreme, NY
Judge: Edgar G. Walker
Date: 07-23-2010
PLAINTIFF(S) Attorney:
• Sam Rosmarin; White Plains, NY, of
counsel, Friedman, Levy, Goldfarb &
Green, P.C., New York, NY; White
Plains, NY, for Edgar Gonzalez
Expert:
• William Bisordi M.D.; Gastroenterology; Larchmont, NY called by: Sam
Rosmarin
-Continued on p24
Consumer Protection
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Newman v. Audi of America
12/13
Office of the
Attorney General
Lemon Law : Convertible's owner claimed
electrical top wouldn't close
Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.
$54,015
Long v. General Motors Corp.
6/1
Matter not filed
Lemon Law : New car's steering irreparably broken, owner claimed
Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.
$41,000
McCrea v. Ford Motor Co.
8/16
Matter not filed
Lemon Law : New pickup truck's engine a
dud, purchaser claimed
Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.
$40,708
Employment
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Velez v. Novartis Corp.
5/19
U.S. District
Court, Southern
District
Gender Discrimination : Drugmaker's female workers claimed disparate treatment
Sharon Eubanks, Katherine M. Kimpel, Katherine Leong, Felicia M. Medina
and David W. Sanford, Washington, DC office and Steven L. Wittels, NYC
office of Sanford Wittels & Heisler, LLP
$253,367,250
Alfaro v. Vardaris Tech Inc.
5/14
New York
Supreme
Wages and Hours : Construction firm
underpaid workers, class alleged
Lloyd R. Ambinder, New York, NY of Virginia & Ambinder, LLP; Saul D.
Zabell, Bohemia, NY of Zabell & Associates, P.C.
$3,742,168
Mendez v. Starwood Hotels & Resorts
Worldide, Inc.
3/10
Southern
District
Discrimination: Worker claimed employer
installed spying camera
Ariel Graff and Ken Thompson, New York, NY of Thompson Wigdor &
Gilly LLP
$3,000,000
Egbe v. Maggio
9/30
Richmond
Supreme
Hostile Work Environment : Pltf: deft's
sexual harassment, robbery claims were
false
Chidi Eze, Brooklyn, NY of Chidi Eze & Associates
$2,300,000
Castagna v. Madison Square Garden, L.P.
12/16
U.S. District
Court, Southern
District
Wages and Hours : Arena's security
guards claimed they weren't paid for
overtime
David Harrison and Robert A. Meister, New York, NY of Pedowitz &
Meister, LLP
$1,300,000
Kriss v. Schenectady City School District
11/12
U.S. District
Court, Northern
District
Sexual Harassment : Custodian blamed
anxiety disorder on boss's harassment
Elena DeFio Kean and James T. Towne, Jr., Albany, NY of Towne, Ryan &
Partners, P.C.
$250,000
22 Verdicts Search’s Top NY Verdicts of 2010
Lawyers With An Edge®
Senior partners, Richard Gurfein and Preston Douglas, have been representing catastrophically injured plaintiffs in complex personal injury lawsuits for 40 years.
They are frequent lecturers on trial practice, medical malpractice and law office/trial technology.
Mr. Gurfein, holds a bachelors degree in electrical engineering and Mr. Douglas holds a bachelors degree in biology. Gurfein was the president of the New York State
Trial Lawyers Association and continues to assist the Court system with work on committees and lectures to the judiciary.
Douglas is the Editor-in-Chief of the New York State Trial Lawyers Institute’s Litigation Review, which is the successor to the Trial Lawyers Quarterly where he was
also an editor.
Their practice is limited to catastrophically injured plaintiffs. More than half of the cases Gurfein Douglas LLP handle are referred to them by other lawyers. Their
trial and appellate record is the reason so many lawyers trust their clients to Gurfein Douglas LLP.
Our Cases
Medical Malpractice - Failure to diagnose
$7,400,000.00 settlement on behalf of a 60 year old woman who became paralyzed in both legs and one arm after her doctors failed to diagnose an infection in her spine.
Auto Accident – Pedestrian
$900,000 settlement for a 54 year old doorman who was struck by a police car as he crossed Second Ave in a heavy rain storm.
Product Liability - Work Place Accident
$3,100,000 judgment recovered by a 27 year old maintenance worker who used an unsafe lift machine to go up 12 feet from the floor
Medical Malpractice - Failure to treat
$5,750,000 verdict on behalf of a 20 year old woman who was discharged from the hospital after giving birth to her second son, even though she had a very aggressive
infection in her uterus and abdomen.
Product Liability - Automobile Accident
$2,000,000 settlement structured for a 6 month old who sustained a brain injury in an automobile accident because the car didn’t stand up to the accident properly.
Automobiles are supposed to be designed to not only protect the occupants from injury from the crash, but also to protect them from the second impact (the impact with
the interior of the vehicle). In this case, a compact car was struck in the rear by a mid sized truck. At the moment of impact, the driver’s seat back collapsed rearward and
formed a ramp. The driver’s seat belt failed to hold the driver in the seat, and she slid backward up the ramp. Her head went over the top of the seat back and hit her 6 month
old baby who was secured in a proper child seat in the back.
The manufacturer was found to have violated the National Transportation Safety Act by providing an unsafe seat belt that failed to hold the occupant in the seat under crash
conditions as required. The trial on liability lasted 6 weeks in the United States District Court for the Southern District of New York. The case settled the morning the damages
trial was about to commence. The child’s lifetime care will be covered by the structured settlement.
Auto Accident
$1,000,000 settlement after a trial on liability for a 35 year old plasterer who was a passenger in the back seat of a Town Car limo.
Gurfein Douglas LLP, Lawyers With An Edge® | 11 Park Place | New York, NY 10007 | Voice: (212) 406-1600 | Fax: (212) 406-4779
email: [email protected] | Web: www.gurfeindouglas.com
Blogs: lawyerswithanedge.com, nyaccidentlawyers.com, nymalpracticelawyers.com, erbslaw.com
-Continued from p22
•
were a result of Guillaume’s failure to properly
insufflate the colon.
Gonzalez sued Guillaume and St. Barnabas
Hospital. Gonzalez alleged that Guillaume
failed to properly perform the colonoscopy,
that the failure constituted malpractice and
that the hospital was vicariously liable for
Guillaume’s actions.
Gonzalez’s counsel ultimately discontinued
the claim against the hospital. The matter
proceeded to a trial against Guillaume.
Gonzalez’s counsel claimed that Gonzalez’s
perforations were a result of excessive insufflation of his colon. He further claimed that
the perforations should have been detected
and repaired before the colonoscopy was
completed. Alternatively, he claimed that the
perforations could have been detected during
the immediate wake of the procedure. He
contended that Gonzalez reported that his
abdomen had become painful, but that Guillaume failed to appreciate that the pain could
have been signaling a complication of the
surgery. He argued that Gonzalez should have
been referred to a surgeon.
Defense counsel contended that Gonzalez
developed three 1-millimeter-wide holes of
his colon, and he claimed that the holes were
a result of ischemia that was caused by emboli
Jian Shou M.D.; Surgery; New York,
NY called by: Sam Rosmarin
Insurer:
• Medical Liability Mutual Insurance
Co. for Guillaume
Facts:
On April 29, 2004, plaintiff Edgar
Gonzalez, a 43-year-old unemployed man,
underwent a colonoscopy. The procedure was
performed by a gastroenterologist, Dr. Carl
Guillaume, at St. Barnabas Hospital, in the
Bronx. Gonzalez was discharged after five
hours of observation.
After several hours had passed, Gonzalez
returned to the hospital. He reported that
he was suffering pain that stemmed from his
abdomen. Doctors discovered perforations of
his colon, and the condition led to peritonitis. Surgery was necessary, but it had to be
delayed until Gonzalez emerged from the
effects of anticoagulant medication that had
been prescribed after a prior procedure that
addressed one of his heart’s valves. Gonzalez
ultimately underwent three additional surgeries. He claimed that his colon’s perforations
that emanated from one of his heart’s valves.
Injury:
Gonzalez suffered perforations of his colon. The perforations caused peritonitis. He
initially underwent surgery that included a
hemicolectomy, which involved the removal
of a portion of his colon, and the creation of
an ileostomy, in which his small intestine’s
distal end was redirected through his abdomen. The ileostomy was reversed during a
subsequent surgery, but another surgery was
necessitated when Gonzalez developed two
residual incisional hernias.
Gonzalez’s surgeries led to his development of adhesions, and he claimed that the
adhesions will cause lifelong discomfort and
problems. He also suffers residual weakness
of the wall of his abdomen, and he contended that surgeries are a likely result of
that condition. He has to undergo surgical
repair of another residual hernia, and he retains residual disfigurement of his abdomen.
Gonzalez further claimed that he suffers a
residual alteration of his bowel’s function.
Gonzalez sought recovery of a total of
$1.75 million for his past and future pain
and suffering.
The parties negotiated a high/low stipula-
tion: Damages could not exceed $850,000,
but they had to equal or exceed $450,000.
Verdict Information: The jury found that
Guillaume departed from an accepted
standard of medical care. It determined that
Gonzalez’s damages totaled $20 million,
but Gonzalez’s recovery was reduced to the
high/low stipulation’s maximum amount:
$850,000.
Edgar Gonzalez
$5,000,000 Personal Injury: Past Pain And
Suffering
$15,000,000 Personal Injury: Future Pain
And Suffering
Editor’s Comments This report is based
on information that was provided by
plaintiff’s counsel and Guillaume’s counsel.
St. Barnabas Hospital’s counsel was not
asked to contribute.
#8
Policeman drove over fleeing suspect, suit
alleged
-Continued on p26
Employment (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Puglisi v. County of Erie
4/28
Erie Supreme
Sexual Harassment : Plaintiff claimed coworker bit and harassed her
Andrew P. Fleming, Hamburg, NY of Chiacchia & Fleming
$150,000
Bogota v. University Club
11/17
New York
Supreme
Sexual Harassment : Boss, female employees disputed nature of physical contact
Joshua Friedman, Larchmont, NY of Law Offices of Joshua Friedman
$75,000
Estate of Steinmetz v. Attentive Care Inc.
10/18
Suffolk Supreme
Employee Benefits : Boss broke promise
to pay for unused vacation time, suit
alleged
Ralph A. Hummel, Woodbury, NY
$56,967
PLAINTIFF'S COUNSEL
AMOUNT
First Amendment
CASE
DATE
COURT
TYPE OF ACTION
Kern v. Layne
5/17
U.S. District
Court, Southern
District
Freedom of Speech : Home inspector mo- Michael H. Sussman and Christopher D. Watkins, Goshen, NY of Law
tivated by retaliation, homeowners alleged Offices of Michael H. Sussman
$200,000
Fraud
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Barrett v. Freifeld
3/4
Nassau Supreme
Misrepresentation : No fraud in not disclosing FBI raid, business's seller claimed
Michael A. Schoenberg and James M. Wicks, Uniondale, NY of Farrell Fritz, $1,476,000
P.C.
Joseph v. Johnson
7/23
Bronx Supreme
Real Estate : Woman claimed she was
tricked into deeding home
Geofrey Liu, New York, NY of Joelson & Rochkind, Esqs.
$330,000
Regan v. Altman
3/5
Erie Supreme
Real Estate : Home's sellers, realtor didn't
disclose sinking foundation
James I. Myers, Williamsville, NY of Myers Quinn & Schwartz, LLP
$282,000
Government
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Hartman v. County of Nassau
2/22
U.S. District
Court, Eastern
District
Excessive Force : Policeman drove over
fleeing suspect, suit alleged
Daniel J. Hansen, New York, NY; Harvey Weitz, New York, NY of Weitz &
Associates, P.C., New York, NY, trial counsel, Daniel J. Hansen
$19,604,000
Bell v. City of New York
7/27
U.S. District
Court, Eastern
District
Excessive Force : Police bias alleged in fatal
shooting at nightclub
Scott E. Rynecki, Brooklyn, NY of Rubenstein & Rynecki Attorneys at Law
$7,150,000
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Verdict: (P) $19,604,000.00
Case Type: Excessive Force, Government
- Police, Civil Rights - 42 USC 1983,
Fourth Amendment, Constitutional Law Fourteenth Amendment, Civil Rights - Police as Defendant, Government - Counties
Case: Thomas Hartman v. The County
of Nassau, Nassau County Police Department, Police Officer Karl N. Snelders,
Police Officer Michael Knatz, Deputy
Inspector Robert Turk, Lieutenant Thomas
Zamojcin, Police Officer “John” Smith,
Police Officer “John” Brady, Detective Barry O. Franklin, Police Officer Thomas O.
McCaffrey and “John and Jane Does 1-15”
representing as yet unknown and unidentified police officers, No. CV 04 1784
Venue: U.S. District Court, Eastern District, NY
Judge: Cheryl L. Pollak
Date: 02-22-2010
PLAINTIFF(S) Attorney:
• Daniel J. Hansen; New York, NY, for
Thomas Hartmann
• PHarvey Weitz; Weitz & Associates,
P.C., New York, NY, trial counsel,
Daniel J. Hansen; New York, NY, for
Thomas Hartmann
Expert:
• Joseph D’Angelo M.D.; Orthopedic
Surgery; Brooklyn, NY called by:
Harvey Weitz, Daniel Hansen, Harvey Weitz
• Alan Leiken Ph.D.; Economics; East
Setauket, NY called by: Daniel Hansen, Harvey Weitz
• Aric Hausknecht M.D.; Neurology;
New York, NY called by: Daniel Hansen, Harvey Weitz
• Richard Schuster Ph.D.; Vocational
Rehabilitation; New York, NY called
by: Harvey Weitz, Daniel Hansen,
Harvey Weitz
• Timothy Sheenan; Law Enforcement;
Woodbury, NJ called by: Harvey
Weitz, Daniel Hansen, Harvey Weitz
Facts:
On March 12, 2004, plaintiff Thomas
Hartmann, 35, a union-employed construction worker, was driving in Oceanside. As he
approached 454 Allen Ave., he was confronted
by officers of the Nassau County Police
Department. Hartmann was aware that the
officers believed that he had been harassing his
estranged wife. A chase ensued after Hartmann had briefly exited and re-entered his
vehicle. Hartmann ultimately abandoned his
vehicle, and he began to run. He was struck
by a vehicle that was being driven by officer
Karl Snelders. Hartmann sustained injuries of
his legs.
Hartmann sued Snelders, several other
officers who were alleged to have been present
when the accident occurred, and the officers’
employers, Nassau County and the Nassau
County Police Department. Hartmann alleged that the officers’ actions were excessively
forceful; that the officers violated the Fourth
Amendment, the 14th Amendment and 42
U.S.C. 1983; and that Nassau County and
the Nassau County Police Department were
vicariously liable for the officers’ actions.
Hartmann’s counsel ultimately discontinued the claims against most of the defendants. The matter proceeded to a trial against
Snelders.
Hartmann claimed that he was struck while
he was running on a sidewalk. He contended
that Snelders intentionally mounted the
sidewalk, and he also contended that he was
struck by front and rear wheels of Snelders’
vehicle. Thus, he claimed that Snelders
intentionally struck him. Hartmann’s counsel
argued that Snelders was guided by evil intent,
and he further argued that Snelders exhibited
a callous disregard of Hartmann’s rights.
Snelders contended that he believed that
Hartmann was armed. He claimed that
Hartmann exited his vehicle, reached toward
his waistband, threatened to shoot one officer,
re-entered his vehicle and began to drive.
Snelders claimed that Hartmann subsequently
abandoned his vehicle, reached toward his
waistband and turned toward the pursuing
officers. Snelders acknowledged that a weapon
was not recovered, but he contended that
Hartmann’s actions suggested that he had a
gun. He claimed that he did not intend to
drive over Hartmann--he contended that he
merely intended to bump Hartmann. He also
claimed that Hartmann was struck while he
was running on the street.
Snelders further claimed that his actions
were also motivated by a fear that Hartmann
intended to murder his wife and her mother.
Injury:
Hartmann sustained crushing injuries of
his legs. He was placed in a helicopter, and
-Continued on p28
Government (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Walters v. City of New York
2/3
New York
Supreme
Firefighter : Firefighters claimed injuries
after being struck by taxicab
James J. McCrorie, New York, NY of Law Office of James J. McCrorie; Maria Gagasoules, New York, NY of Sanocki Newman & Turret, LLP; Marie
Ng, New York, NY of Sullivan Papain Block McGrath & Cannavo P.C.
$6,340,000
Toussaint v. City of New York
12/7
Kings Supreme
Excessive Force : Youth claimed policeman
broke his leg during rough arrest
Seth A. Harris, New York, NY of Burns & Harris
$2,200,000
Pacheco v. City of New York
9/23
Bronx Supreme
Excessive Force : Policeman used Taser to
stop seizure, plaintiff claimed
Seth A. Harris and Alison Keenan, New York, NY of Burns & Harris
$2,042,499
Hollingsworth v. City of New York
2/9
Kings Supreme
Police : Truant teen sexually assaulted by
police officer
Seth A. Harris, New York, NY of Burns & Harris; Alison R. Keenan, New
York, NY of Burns & Harris
$915,000
Quiller v. City of Yonkers
9/22
U.S. District
Court, Southern
District
Excessive Force : Arrestee sustained 17
fractures at hands of police
Anthony C. Ofodile and Fathia Zouiyen, Brooklyn, NY of Ofodile & Associates, P.C.
$700,000
Caraballo v. City of New York
1/11
Kings Supreme
Police : Plaintiff's car crash blamed on
unmarked police vehicle
Christopher D. Galiardo, New York, NY of Myers & Galiardo LLP
$300,000
LoVetro v. City of Rochester New York
6/4
Monroe
Supreme
Emergency Response : Man's trauma
blamed on city's late response to mob
scene
Scott Mooney, Rochester, NY of Boylan, Brown, Code, Fowler, Vigdor &
Wilson
$36,500
Insurance
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Gubbins v. Allstate Indemnity Co.
4/21
Nassau Supreme
Coverage : Homeowners claimed insurer's
error cost them after fire
Johnathan C. Lerner, New York, NY of Abraham, Lerner & Arnold, LLP
$245,742
Grim v. Liberty Mutual Insurance Co
8/2
Monroe
Supreme
Denial of Claim : Homeowners challenged
insurer's refusal to replace roof
Eric D. Handelman, Rochester, NY of Handelman Witkowicz & Levitsky
$12,980
Cassidy v. Allstate Insurance Co.
6/17
Kings Supreme
Denial of Claim : Plaintiff alleged insurer
wrongly denied theft claim
Joseph H. Dirks, Brooklyn, NY of Joseph H. Dirks, P.C.
$12,500
Intellectual Property
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Want Ad Digest Inc. v. Display Advertising Inc.
7/27
U.S. District
Court, Northern
District
Copyrights : Advertising newsletter duped
competitor's ads
Salvatore D. Ferlazzo and Robert F. Manfredo, Albany, NY of Girvin &
Ferlazzo, P.C.
$6,020,250
26 Verdicts Search’s Top NY Verdicts of 2010
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-Continued from p26
he was transported to Nassau University Medical Center, in East Meadow. He underwent 12
surgeries, which included the implantation of a
fixation rod that stabilized his left leg. However,
his right leg could not be saved. It was amputated above the knee, and a prosthetic device
was provided.
Hartmann undergoes physical therapy, but
he claimed that his condition will not improve.
He also claimed that he will have to undergo
removal of a bony spur that occupies the remaining portion of his right leg, and he further
claimed that his right leg’s stump may have to
be revised. He contended that his prosthetic device strains his back and groin, and he claimed
that he cannot tolerate more than a few hours
of continuous attachment of the device.
Hartmann also claimed that he cannot
resume physical labor. He contended that he
performs part-time clerical work that provides
annual earnings of about $7,000.
Hartmann sought recovery of his past and
future medical expenses, his past and future
lost earnings and benefits, damages for his past
and future pain and suffering, and punitive
damages.
Defense counsel contended that Hart-
mann experienced a good recovery. They
claimed that Hartmann can obtain work
that will provide income that will exceed the
income that he earned prior to the accident.
Verdict Information: The jury found that
Snelders was excessively forceful. It also found
that Snelders was guided by evil intent and an
evil motive, and it further found that Snelders
exhibited a callous disregard for Hartmann’s
rights. It determined that Hartmann’s damages
totaled $19,604,000.
Thomas Hartmann
$1,000,000 Personal Injury: Past Medical Cost
$3,000,000 Personal Injury: Punitive Exemplary Damages
$2,000,000 Personal Injury: Past Pain And
Suffering
$1,100,000 Personal Injury: future medical cost
(37 years)
$704,000 Personal Injury: past loss of earnings
and benefits
$7,800,000 Personal Injury: future loss of earnings and benefits (21 years)
$4,000,000 Personal Injury: future pain and
suffering (37 years)
Post-Trial: The parties negotiated a settlement. Terms were not disclosed.
Editor’s Comments This report is based on
court documents and information that was
provided by plaintiff’s and defense counsel.
#9
Loss of evidence led to 22-year imprisonment, suit alleged
Mixed Verdict: $18,592,000.00
Case Type: Intentional Torts - Wrongful
Incarceration, Intentional Torts - Intentional Infliction of Emotional Distress,
Government - Police, Prisoners - Prisoner
Suit, Government - Municipalities, First
Amendment , Constitutional Law - Fourteenth Amendment, Civil Rights - 42
USC 1983
Case: Alan Newton v. The City of New
York; District Attorneys Mario Merola
and Robert T. Johnson, Individually, and
in Their Official Capacity; Andrea Freund
and Various John/Jane Does, Individually and in Their Official Capacities as
Employees of the City of New York Who
Are/Were Assistant District Attorneys
Within the Office of the District Attorneys, County of Bronx; Detective Joanne
Newbert, Detective Phillip Galligan,
Detective [John Doe] Hartfield, Detective
[John Doe] Ryan, Detective [John Doe]
Harris, Police Officer Douglas Leho, Police
Officer William Sean O’Toole, Lieutenant Michael Sheehan, Sergeant Patrick
J. McGuire, Police Officer [John Doe]
Haskins, Police Officer [Jane Doe] Kiely,
Inspector Jack J. Trabitz and Various John/
Jane Does, Individually and in Their Official Capacities as Employees of the City
of New York Who Are/Were Members of
the Police Department of the City of New
York, No. 1:07-cv-06211-SAS
Venue: U.S. District Court, Southern
District, NY
Judge: Shira A. Scheindlin
Date: 10-19-2010
PLAINTIFF(S) Attorney:
• John F. Schutty III; New York, NY,
for Alan Newton
Expert:
• Shannon Turner; Physical Evidence;
Seattle, WA called by: John Schutty III
-Continued on p30
Intentional Torts
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Hughes v. Seymore
8/6
Suffolk
Supreme
Assault and Battery : Woman sued ex
after being slashed in knife attack
Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP
$1,500,000
Brown v. City N.Y.
7/16
Bronx
Supreme
Assault and Battery : Police too rough in
arrest after car chase, plaintiffs alleged
Carol L. Schlitt, Huntington, NY of Carol L. Schlitt, Esq.; Melvin Dubinsky,
New York, NY of Law Office of Melvin Dubinsky
$550,000
Stampf v. Long Island Railroad Co.
12/10
U.S. District
Court, Eastern
District
Malicious Prosecution : Co-worker's false
claim led to arrest, plaintiff alleged
Philip J. Dinhofer, Rockville Centre, NY of Phillip J. Dinhofer LLC
$480,000
Cohen v. Bread & Butter Entertainment LLC.
11/19
New York
Supreme
Assault and Battery : Nightclub denied
liability for fight that left patron injured
Bonnie Reid Berkow and Daniel J. Schneider, New York, NY of Wagner
Davis P.C.
$360,782
Byrd v. City of New York
11/19
Kings
Supreme
False Arrest : Plumbers mistaken for
prowlers claimed false arrest, battery
Christopher J. Donadio, New York, NY of Burns & Harris
$350,000
Lewis v. Fischer
6/10
U.S. District
Court, Eastern
District
Sexual Assault : Prisoner claimed frisk
included squeezing of genitals
Yonatan Even and Alexandra Reeve Givens, New York, NY of Cravath,
Swaine & Moore, LLP
$300,000
Samuels v. Samuels
4/14
Kings
Supreme
Libel : Plaintiff alleged niece's claims of
theft destroyed his business
Dov Medinets, New York, NY of Ginsberg & Wolf
$237,000
Bannout v. City of New York
8/3
Kings
Supreme
False Arrest : Solicitation charges unfounded, plaintiff alleged
David S. Dender, New York, NY of Law Office of Eric H. Green
$200,000
Weidler v. Coluzzi
6/24
Nassau
Supreme
Fraudulent Concealment : Attorney
worked both ends of real estate deal, suit
alleged
Jeffrey Benjamin, Forest Hills, NY of Jeffrey Benjamin P.C.
$200,000
Arrington v. Thompson
6/28
New York
Supreme
Assault and Battery : Maid claimed impatient employer punched her
Randy M. Levine, New York, NY of Schacher & Levine, LLP
$150,000
Lawton v. City of New York
1/8
Queens
Supreme
False Arrest : Black probation officer alleged discrimination in arrest
Adam M. Orlow, Flushing, NY of The Orlow Firm
$150,000
Charleston v. City of New York
6/25
New York
Supreme
Assault and Battery : Bar's patron claimed
bouncers hurt him while police watched
Bruce S. Povman, Forest Hills, NY of Morton Povman, P.C.
$110,000
Saccomanno v. Rodriguez
7/28
Nassau
Supreme
Battery : Teen hurt during brawl at party,
blamed underage drinking
Alan D. Levine, Kew Gardens, NY of Alan D. Levine, Attorney at Law
$50,000
Moore v. City of Albany
12/1
U.S. District
Court, Northern
District
False Arrest : Arrestee claimed police
slammed and pepper-sprayed him
Terence L. Kindlon, Albany, NY of Kindlon Shanks & Associates
$39,000
28 Verdicts Search’s Top NY Verdicts of 2010
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-Continued from p28
Facts:
In August 1994, plaintiff Alan Newton, 33, an inmate of the New York State
Department of Correctional Services, attempted to re-open the case that led to his
incarceration. Newton had been convicted
of assaulting, raping and robbing a woman,
and he had been imprisoned since June 28,
1984. Newton requested a test of DNA
that was contained in a sample of sperm
that was collected from the woman whom
he was alleged to have raped. The sample
had been preserved in a kit, and the kit was
ultimately archived by the New York City
Police Department’s property-clerk division.
However, the evidence could not be located
when Newton requested its retrieval, and it
was deemed to have been destroyed.
The evidence was ultimately located in
2005, and a test established that Newton
could not have been the source of the sperm
that was preserved in the kit. Newton’s conviction was overturned, but Newton claimed
that he had been unnecessarily incarcerated
during the 12 years that dated to his initial
request to test the sample of sperm.
Newton sued the city of New York; New
York district attorneys Robert Johnson and
Mario Merola; an assistant district attorney,
Andrea Freund; an officer who supervised a
warehouse in which Newton’s evidence was
alleged to have been stored, Patrick McGuire;
the commanding officer of the New York
City Police Department’s property-clerk division, Jack Trabitz; two clerks of that division,
Tracy Haskins and Geraldine Kiely; and
several officers who were alleged to have been
involved in Newton’s arrest and prosecution,
Phillip Galligan, Roland Harris, Douglas
Leho, Joanne Newbert, Sean O’Toole,
Bernard Ryan, Michael Sheehan and one of-
ficer who was merely identified as “Detective
[John Doe] Hartfield.” Newton alleged that
his case’s evidence was negligently mishandled by Haskins, Kiely, McGuire and Trabitz;
that their actions constituted an intentional
infliction of emotional distress; that the city
failed to maintain adequate policies and practices that addressed the handling of evidence;
that he was falsely arrested; and that he was
maliciously prosecuted. He further alleged
that the city’s failures led to violations of the
rights guaranteed by the First Amendment,
the 14th Amendment, 42 U.S.C. ? 1983 and
42 U.S.C. ? 1988.
Judge Shira Scheindlin dismissed the
claims against most of the defendants. The
matter proceeded to a trial against Haskins,
Kiely, McGuire, Trabitz and the city.
Newton’s counsel claimed that the
evidence’s misplacement was a result of a pattern and practice of mishandling evidence.
He noted that evidence is catalogued via pen
and paper. Each parcel receives an identifying
tag, and a clerk retains two accompanying
invoices: a white invoice, which records any
destruction of evidence, and a yellow invoice,
which records all movement of evidence. An
invoice’s loss usually prevents recovery of the
associated evidence. Newton’s counsel noted
that the New York City Police Department
admitted that invoices have been destroyed,
and he further noted that Newton’s evidence
was irretrievable because its invoices had
been lost. He presented attorneys, parolees
and prisoners who provided examples of
other instances of lost evidence.
Defense counsel contended that some
450,000 invoices are created during each
year, and he claimed that Newton’s counsel
presented evidence of a mere 11 instances of
lost evidence. He argued that 11 problems
do not demonstrate a pattern, policy or
practice of mishandling evidence. He further
argued that Newton’s evidence’s misplacement was not intentional or the result of
recklessness.
Injury:
Newton claimed that he was wrongfully
incarcerated. His incarceration began June
28, 1984, but it stemmed from multiple convictions and crimes. Thus, his incarceration
was not entirely a result of the conviction
that was overturned. The sides disputed the
length of the incarceration that the unrelated
crimes would have warranted, but Newton
ultimately conceded that he would have
served their entire sentence: 10 years. Thus,
Newton claimed that his wrongful incarceration began June 28, 1994. His incarceration
ended July 6, 2006. Scheindlin would not
permit the defense’s introduction of the
nature of the unrelated crimes that Newton
had committed.
Newton contended that his incarceration
caused prolonged losses of freedom and privacy. He claimed that he witnessed assaults of
inmates, and he contended that he experienced constant fear and emotional distress.
Newton sought recovery of damages for
his past pain and suffering.
Verdict Information The jury rendered
a mixed verdict. It found that the city
intentionally and/or recklessly demonstrated a pattern of mishandling evidence,
that those actions violated Newton’s
constitutional rights, and that they were
the proximate cause of wrongful incarceration. The jury further found that McGuire
and Trabitz intentionally and/or recklessly
failed to adequately pursue Newton’s
missing evidence. However, it also found
that Haskins and Kiely did not intentionally or recklessly fail to adequately pursue
Newton’s missing evidence. The jury
determined that Newton’s damages totaled
$18,592,000.
Alan Newton
$92,000 Personal Injury: mental pain and
emotional distress (caused by McGuire)
$500,000 Personal Injury: mental pain and
emotional distress (caused by Trabitz)
$18,000,000 Personal Injury: pain and
suffering
Post-Trial: Defense counsel has expressed
an intention to file post-trial motions.
Editor’s Comments This report is based
on information that was provided by
plaintiff’s and defense counsel.
#10
Carpenter alleged spine, ankle injuries
from 15-foot fall
Mixed Verdict: $18,334,226.00
Case Type: Labor Law, Construction Accidents, Slips, Trips & Falls - Fall from
Height, Construction - Scaffolds and Ladders, Civil Practice - Summary Judgment
Case: Luis Barros v. New Roc Parcel 1A,
LLC, George A. Fuller Company, Inc., No.
14727/06
Venue: Bronx Supreme, NY No. 14727/06
Judge: Howard Sherman
Date: 01-26-2010
PLAINTIFF(S) Attorney:
Howard R. Borowick; of counsel, Law
Offices of Jacob Oresky; Bronx, NY, for
Luis Barros
Expert:
• Jose Terrazola; Physical Therapy; Ossining, NY called by: Howard Borowick
• Craig Rogers; Psychiatry; Tarrytown,
NY called by: Howard Borowick
Intentional Torts (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Gonzalez v. City of New York
1/11
U.S. District
Court, Eastern
District
False Arrest : Woman claimed no basis for
prostitution charge
Richard Cardinale, Brooklyn, NY of Law Offices of Richard Cardinale
$35,000
Ferrante v. McQuade
11/22
Nassau
Supreme
Assault and Battery : Dustup at party
ended in split lip, plaintiff claimed
George Gavalas, Mineola, NY
$23,000
Johnson v. City of New York
12/13
U.S. District
Court, Southern
District
Malicious Prosecution : Prosecutor got
bad information from police, arrestee
alleged
David M. Godosky, New York, NY of Godosky & Gentile, P.C.
$20,000
Legal Malpractice
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Casa de Meadows Inc. v. Zaman
12/15
New York
Supreme
Breach of Fiduciary Duty : Prince claimed
his attorneys breached fiduciary duty
Linda C. Goldstein and Philip A. Irwin, New York, NY of Covington &
Burling LLP & Jonathan Berman, Washington, DC of Jones & Adams &
Geoffrey S. Stewart, Washington, DC of Jones Day
$10,125,000
Feinberg v. Boros
10/29
New York
Supreme
Malpractice : Dispute over sale of business
led to legal malpractice claim
Richard Derzaw, New York, NY; Steven G. Storch, New York, NY of
Storch Amini & Munves
$8,588,680
30 Verdicts Search’s Top NY Verdicts of 2010
-Continued from p30
Insurer:
• Harleysville Group Inc. for both
defendants
Facts:
On Feb. 21, 2006, plaintiff Luis Barros,
44, a carpenter, was a member of a crew that
was renovating a high-rise condominium
that was located in New Rochelle. The work
necessitated the use of multiple scaffolds,
and the workers routinely moved among the
platforms of those scaffolds. Barros fell while
he was moving to the platform of a scaffold. He plummeted about 15 feet, and he
claimed that he sustained injuries of his back
and neck.
Barros sued the project’s general contractor, George T. Fuller Construction Co. Inc.,
and the premises’ owner, New Roc Parcel
1A, LLC. Barros alleged that the defendants
violated the New York State Labor Law.
Barros claimed that the scaffold shifted
while he was stepping onto it. He contended
that a crossbar was missing, and he claimed
that the resultant instability caused the shifting
of the scaffold. Barros’ counsel contended
that the incident stemmed from an elevationrelated hazard, as defined by Labor Law ?
240(1), and that Barros was not provided the
proper, safe equipment that is a requirement
of the statute. Barros’ counsel also contended
A
G
that the site was not properly safeguarded, as
required by Labor Law ? 241(6).
Defense counsel contended that Barros
should have procured a safer scaffold. Alternatively, he suggested that Barros should have
utilized a safer means of reaching the subject
scaffold’s platform.
Barros’ counsel moved for summary judgment of liability, and the motion was granted.
The trial addressed damages.
Injury:
Barros was transported to Sound Shore
Medical Center of Westchester, in New Rochelle. Doctors determined that he was suffering a pilon fracture--a comminuted fracture of
the lowest portion of a leg’s tibia, which forms
the upper portion of the associated ankle. The
injury affected his left ankle. The fracture was
addressed via closed reduction: the application
of a cast. Barros’ hospitalization lasted two
days.
After about four weeks had passed, Barros
presented to a doctor. He reported that he was
suffering pain that stemmed from his back
and neck. Tests ultimately revealed that Barros
was suffering herniations of his C4-5, C5-6
and L4-5 intervertebral discs. Barros claimed
that the injuries were products of the accident.
Barros’ spinal injuries were initially addressed via medication and physical therapy,
but Barros contended that the treatment did
not resolve the pain that stemmed from the
Gash & Associates, P.C.
Attorneys at Law
Carrero v. PMD Properties LLC
injuries. In November 2007, he underwent
fusion of the anterior side of a portion of his
spine’s cervical region. In February 2009, he
underwent a diskectomy, which involved the
excision of his L4-5 disc.
Barros claimed that he suffers residual
arthritis of his left ankle, and his treating
doctor opined that the ankle’s joint will have
to be fused. Barros also claimed that he suffers
residual pain that stems from his back and
neck. He contended that the pain prevents
his resumption of recreational activities that
include fishing excursions and family outings.
He also contended that he cannot resume his
carpentry work. He was not educated beyond
the fourth grade, so he cannot procure significant sedentary work.
Barros sought recovery of his past and future lost earnings, his future medical expenses,
and damages for his past and future pain and
suffering.
Defense counsel contended that Barros’
pre-accident physical condition was problematic. He noted that Barros had sustained a
fracture of a leg, and he also noted that Barros
had undergone chiropractic manipulation and
physical therapy that addressed injuries that
were sustained in a motor-vehicle accident
that occurred in 2002. He claimed that bulging discs were demonstrated by the results of
an MRI scan that was performed in 2002, and
the defense’s expert radiologist opined that the
2002 test’s pathology was duplicated by the
300 Main Street, Buffalo, NY 14202
716-854-1300
www.trialadvocates.com
VanDenberge v. Mehler
Aubry v. Marcal Paper Mills, Inc.
Salant v. Grubman
Gash & Associates, P.C. was one of a few law firms who represented plaintiffs in the
infamous case where Lizzie Grubman backed her Mercedes-Benz SUV into a crowd
injuring fourteen young ladies in the Hamptons. Mr. Gash, protective of his clients
feelings and rights, was quoted by the Daily News concerning the media frenzy occasioned by the case. These cases were settled for substantial sums of money without
trial, although the specific settlement amounts were stipulated as confidential among
the parties.
Gash & Associates, P.C., is a full service litigation firm, established in 1989, which maintains offices in
Westchester County, in White Plains, New York, Edison, New Jersey and Greenwich, Connecticut. We
provide exceptional legal representation in all areas of litigation, including personal injury, matrimonial,
civil rights, commercial, employment and criminal litigation. We love what we do. Some have referred to
us as the “lawyer’s lawyer.” Indeed, many of our clients are lawyers and many lawyers refer their clients to
us because of their confidence in us. In the personal injury field, it is not uncommon for well known and
highly regarded physicians to suggest to their patients, who are seeking legal representation, to consider
our firm, because those doctors know first hand of our reputation and how hard we fight for our clients.
235 Main Street, Suite 400, White Plains. NY, 10601
www.gashlaw.com • 914-328-8800
Editor’s Comments This report is based
on information that was provided by
plaintiff’s counsel. Defense counsel did not
respond to the reporter’s phone calls.
ATTORNEYS & COUNSELORS AT LAW
$1,649,000
Products Liability case. Plaintiff was crushed to death by a defective industrial garbage compactor Settled for $1,650,000
Verdict Information The jury found that
Barros’ damages totaled $18,334,231, but
Barros’ recovery was reduced to the high/
low agreement’s maximum amount: $8
million.
Luis Barros
$6,808,989 Personal Injury: Future Medical Cost
$300,000 Personal Injury: Past Lost Earnings Capability
$2,225,242 Personal Injury: Future Lost
Earnings Capability
$4,000,000 Personal Injury: Past Pain And
Suffering
$5,000,000 Personal Injury: Future Pain
And Suffering
ROSENTHAL, SIEGEL
& MUENKEL, LLP
Negligent Repair and/or Maintenance : Residence’s parking lot not well maintained
Auto accident case. Plaintiff was injured when his car was rear-ended by the defendant
Jury Verdict $3,000,000
results of MRI scans that were performed after
the instant accident. Thus, defense counsel
argued that Barros’ spinal injuries were not
products of the instant accident.
Defense counsel also contended that Barros
exaggerated the extent of his residual injuries.
The jury viewed a lengthy videotape that
demonstrated that Barros can bend his neck,
operate a motor vehicle and walk.
The parties negotiated an $8 million/$3
million high/low agreement.
Joseph P. Muenkel, Esq.
Practice Areas: Medical malpractice, wrongful death, personal injury, construction accidents,
products liability
Peter M. Kooshoian, Esq.
Practice Areas: Personal injury, wrongful death, construction accidents, criminal law
Patrick Lennon, Esq.
Practice Areas: Personal injury, wrongful death, construction accidents, criminal law, products
liability
Ellen M. Krebs, Esq.
Practice Areas: Medical malpractice, personal injury, wrongful death
Erin M. Moriarity, Esq.
Practice Areas: Personal injury, construction accidents, products liability, medical
malpractice
Frank J. Frascogna. Esq.
Practice Areas: Medical malpractice, wrongful death
As a litigation law firm with its origins in 1942, Rosenthal Siegel & Muenkel LLP
has been committed to providing top quality legal services while maintaining
strict ethical standards. We have preserved these traditions for over 75 years
while continuously evolving to meet our clients changing needs. The commitment to provide the best services is the core of everything we do and has resulted
in numerous verdicts and settlements of over a million dollars for our clients as
well as law firms that have referred litigation matters to us.
Medical Malpractice
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Gonzalez v. Guillaume
7/23
Bronx Supreme
Surgical Error : Surgeon overlooked damaged colon, patient alleged
Sam Rosmarin, White Plains, NY of counsel to Friedman, Levy, Goldfarb &
Green, P.C., New York, NY
$20,000,000
Brower v. Schneider
1/22
Queens Supreme
Failure to Consult : Untreated infection
damaged boy's brain, parents alleged
Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore
$13,300,000
Durney v. Jacobowitz
11/9
Kings Supreme
Failure to Monitor : Patient's death due to
spike of glucose, suit alleged
Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &
Goodman, P.C.
$7,995,579
Chapins v. Marmur
3/4
Westchester
Supreme
Infection Control :
Preston J. Douglas and Richard A. Gurfein, New York, NY of Gurfein
Douglas LLP
$7,400,000
McNamara v. St. Francis Hospital
12/22
Queens Supreme
Misdiagnosis : Suit: Docs misread signs that
led to cardiopulmonary arrest
Steven E. Pegalis, Lake Success, NY of Pegalis & Erickson
$7,000,000
Castro v. New York City Health & Hospitals
Corp.
5/26
Kings Supreme
Failure to Diagnose : Estate claimed
negligent treatment of stenosis resulted
in death
Judith A. Livingston, New York, NY of Kramer, Dillof, Livingston & Moore
$6,350,000
McCabe v. Albany Medical Center Hospital
4/2
Albany Supreme
Surgeon : Suit: Doc's error led to fatal
hemorhhage during C-section
John K. Powers, Albany, NY of Powers & Santola, LLP
$5,200,000
Grimley v. St. John's Riverside Hospital
9/21
Bronx Supreme
Delayed Treatment : Untreated meningitis
damaged child's brain, mother alleged
Michael K. Eidman, New York, NY of Law offices of Michael K. Eidman
$4,825,000
Backus v. Kaleida Health
10/14
Erie Supreme
Surgical Error : Spine damaged during
removal of kidney, plaintiff alleged
R. Colin Campbell, Eden, NY of Campbell & Shelton LLP
$4,145,000
Clark v. Brookdale Hospital Medical Center
7/8
Kings Supreme
Failure to Treat : Untreated jaundice
caused cerebral palsy, suit alleged
Robert Vilensky, New York, NY of Ronemus & Vilensky, LLP
$4,000,000
Zevola v. Gruendel
1/7
Dutchess
Supreme
Failure to Monitor : Cardiac drug, unmonitored, proved fatal, suit alleged
Steven M. Fink, New York, NY of Fink & Platz
$3,900,000
Torres v. Bell
9/29
Queens
Supreme
Childbirth : Obstetricians' maneuvers
caused infant's palsy, suit alleged
Michael B. Ronemus, New York, NY of Ronemus & Vilensky
$3,579,500
Doe v. Berlin
6/2
Bronx Supreme
Wrong Procedure : Tumor's removal led
to sexual dysfunction, patient alleged
K. Vanderpuye, New York, NY of trial counsel, Paul Weitz & Associates
$3,560,000
Curbelo-Gomez v. Winthrop-University
Hospital
7/5
Matter not filed
Failure to Monitor : Intubated patient not
adequately watched, suit alleged
William T. Burdo, Mineola, NY
$3,500,000
Stothart v. Montefiore Medical Center
9/17
Bronx Supreme
Negligent Treatment : Clot-preventing
measures led to eight surgeries, plaintiff
alleged
Conrad Jordan, East Hampton, NY , trial counsel, John Chambers, P.C.,
New York, NY; Peter DeFilippis, New York, NY of Peter DeFilippis & Associates, P.C. (referring firm)
$3,500,000
Estate of Alaimo v. Berman (MD, PC)
3/10
Richmond
Supreme
Wrong Procedure : Breast enhancement
led to deformity, divorce, suit alleged
Michael J. Kuharski, Staten Island, NY of Kuharski, Levitz & Giovinazzo,
Esqs.
$3,500,000
David v. Appelbaum
3/26
Queens
Supreme
Negligent Treatment : Docs didn't perform
life-saving transfusion, suit alleged
Judith A. Livingston, New York, NY of Kramer, Dillof, Livingston & Moore
$3,250,000
Baccari v. Babu
6/25
Queens
Supreme
Unnecessary Procedure : Inappropriate
surgery led to spinal fluid leak, suit alleged
Conrad Jordan, Forest Hills, NY of trial counsel, Morton Povman, P.C.
$3,250,000
Estate of Defini v. St. Charles Hospital and
Rehabilitation Center
5/15
Suffolk Supreme
Failure to Monitor : Patient died after
surgeons were misled by broken monitor
Mitchell Birzon and Joseph K. Strang, Smithtown, NY of Birzon, Strang &
Bazarsky
$2,875,000
Donato v. Rovner
1/27
Bronx Supreme
Surgical Error : Spinal surgery led to permanent, disabling pain, patient alleged
Candice A. Pluchino, Woodbury, NY of Faber & Troy
$2,850,000
Kremsner v. Mount Sinai Hospital
5/3
Kings Supreme
Surgical Error : Patient's esophagus
removed after surgical accident
Kathleen Kettles and Philip A. Russotti, New York, NY of Wingate, Russotti
& Shapiro
$2,650,000
Lusardi v. Hospital for Special Surgery
2/2
Queens
Supreme
Failure to Diagnose : Diagnosis delay made
knee condition worse, patient alleged
Louis J. Uvino, Forest Hills, NY of Uvino & Associates
$2,520,000
Brucato v. Ankolekar
1/7
Westchester
Supreme
Failure to Diagnose : Kids' deficits blamed
on docs' disregard of abnormal uterus
Howard G. Frederick, New York, NY of Silbowitz, Garafola, Silbowitz,
Schatz & Frederick, L.L.P.
$2,200,000
Hall v. Porte
4/7
Suffolk Supreme
Delayed Diagnosis : Slowly treated hemorrhage proved fatal, suit alleged
Andrew P. Nitkewicz, New York, NY of Avelino Nitkewicz LLP
$1,850,000
Doe v. Roe
5/6
Kings Supreme
Breast Cancer : Lack of adequate treatment caused tumor to grow, patient
alleged
Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.
$1,750,000
Brown v. Ezekwo
10/18
Bronx Supreme
Failure to Refer : Doc's delayed referral
allowed loss of sight, patient alleged
Thomas P. Giuffra, New York, NY of Barton, Barton & Plotkin, L.L.P.
$1,700,000
Holstein v. Community General Hospital of
Greater Syracuse
5/28
Onondaga
Supreme
Negligent Injection : Woman's sciatica
blamed on misdirected injection
Jeff D. DeFrancisco, Syracuse, NY of DeFrancisco Law Firm
$1,690,000
Ramirez v. Berdichevsky
7/15
Bronx Supreme
Surgical Error : Surgeon overlooked perforation of colon, patient alleged
Nancy M. McGee and John T. Wisell, Kew Gardens, NY of Law Offices of
John T. Wisell
$1,550,000
Flannery v. Marzano
7/23
Westchester
Supreme
Surgical Error : Bunion-removal procedure
went too far, patient alleged
Gerald M. Oginski, Great Neck, NY of The Law Office of Gerald Oginski,
LLC
$1,550,000
32 Verdicts Search’s Top NY Verdicts of 2010
Medical Malpractice (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Martinez v. Gabriel
1/27
Kings Supreme
Surgical Error : Patient alleged doctor was
negligent for bowel perforation
Evan M. Goldberg, New York, NY of Trolman, Glaser & Lichtman, P.C.
$1,520,000
Capovani v. Putnam
11/22
Albany Supreme
Cardiac Care : Widower: Cardiologist
should've ordered heart test
Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &
Goodman, P.C.
$1,500,000
Williams v. Giorgini
6/4
New York
Supreme
Failure to Diagnose : Man's amputation blamed on undiagnosed circulatory
problems
Al Aquila, New York, NY of Sullivan, Papain, Block, McGrath & Cannavo,
P.C.
$1,500,000
Estate of Adams v. Back
1/20
Schenectady
Supreme
Failure to Test : Doctor overlooked fatal
cancer, estate alleged
Jeffrey A. Guzman, New York, NY of Krentsel & Guzman LLP
$1,500,000
Estate of Dentes v. Mauser
7/2
Tompkins
Supreme
Failure to Test : Cardiologist overlooked
fatal blockage of artery, suit alleged
Thomas J. Potter, Syracuse, NY of DelDuchetto & Potter
$1,448,496
Thompson v. Rao
2/3
Bronx Supreme
Surgical Error : Surgeon removed patient's
gallbladder but not surgical pad
Andrea V. Borden, New York, NY of Burns & Harris
$1,350,000
Chkhartishvili v. Volovoy
1/21
Kings Supreme
Failure to Diagnose : Hospital, doc overlooked fatal lung cancer, suit alleged
Mark M. Basichas, New York, NY of Mark M. Basichas & Associates, PC
$1,300,000
Priolo v. Reiner
3/23
Richmond
Supreme
Surgical Error : Surgeon's cut led to loss of
testicle, patient alleged
Joseph S. Rosato, New York, NY of Rosato & Lucciola, P.C., New York, NY,
trial counsel, Anthony T. DiPietro
$1,250,000
Tunjian v. Long Island Gynecologic Oncologists,
P.C.
7/15
Suffolk Supreme
Surgical Error : Doctor overlooked perforation of bowel, patient alleged
Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP
$1,250,000
Bragg v. Bienstock
5/10
Bronx Supreme
Failure to Diagnose : Docs overlooked
badly clogged artery, patient alleged
Edward Sanocki, New York, NY of Sanocki Newman & Turret, LLP
$1,196,000
Gonzalez v. St. Vincent's Hospital
1/25
Bronx Supreme
Failure to Detect : Hand's deformity due
to untreated injury, plaintiff alleged
Kevin J. Quaranta, Mount Kisco, NY of Quaranta & Associates
$1,164,000
Goodstein v. Terry L. Weill M.D. P.C.
2/3
Kings Supreme
Failure to Monitor : Prozac's discontinuation led to suicidal act, plaintiff alleged
Andrew M. Friedman, Brooklyn, NY of Friedman, Khafif & Sanchez LLP,
trial counsel, Ross & Hill
$911,000
Kelly v. Logan
10/8
Bronx Supreme
Surgical Error : Defense: Injury to plaintiff's
lower leg wasn't first, or last
Jeffrey Singer, New York, NY of Segan, Nemerov & Singer, P.C.
$750,000
Karalekas v. Weber
9/28
Queens Supreme
Failure to Monitor : Urethra damaged during urological surgery, patient alleged
Mark A. Eskenazi, Bronx, NY of Law Offices Mark A. Eskenazi, LLC
$715,000
Estate of Rosado v. New York City Health &
Hospitals Corp.
6/16
New York
Supreme
Hospital : Suit: Hospital patient discharged
during diabetic emergency
Eric Schwarz, New York, NY of Sullivan Papain Block McGrath & Cannavo
P.C.
$700,000
Callender v. Kaplan
1/5
Kings Supreme
Failure to Test : Undetected cancer spread
to fatal degree, estate alleged
Victoria Wickman, New York, NY of Law Offices of Victoria Wickman
$650,000
Matzner v. Collins
10/5
New York
Supreme
Negligent Treatment : Psychiatrist's treatment too personal, patient alleged
David L. Taback, New York, NY of David L. Taback, P.C.
$650,000
Gomez v. Kigongo-Mwesezi
9/16
Bronx Supreme
Surgical Error : Surgeon cut spinal accessory nerve during biopsy, suit alleged
Robert Vilensky, New York, NY of Ronemus & Vilensky, LLP
$650,000
Dividu v. Walton
3/29
New York
Supreme
Failure to Test : Unchecked infection led to
scars of breasts, suit alleged
Mario Biaggi, Jr., New York, NY of Biaggi & Biaggi
$600,000
Curtin v. Borrero
12/21
Suffolk Supreme
Surgical Error : Incomplete appendectomy
led to infections, patient alleged
Marvin Salenger, New York, NY of Salenger, Sack, Kimmel & Bavaro, LLP
$600,000
Keefer v. Ahmed
2/8
Broome
Supreme
Misdiagnosis : Lack of communication led
to cardiac arrest, suit alleged
Charles L. Falgiatano and Jean Marie Westlake, Syracuse, NY of DeFrancisco & Falgiatano Law Firm
$557,543
Weiss v. Houslanger
5/14
Nassau Supreme
Failure to Diagnose : Doctors overlooked
signs of post-op infection, suit alleged
William F. Levine and Steven Sachs, Mineola, NY of Law Offices of William F. Levine and Michael B. Grossman
$500,000
Cattani v. Hoffman
12/7
New York
Supreme
X-ray Interpretation : Doc overlooked
evidence of fatal cancer, suit alleged
William T. Burdo, Mineola, NY of Levine & Grossman, Esqs.
$500,000
Cain v. Yusaf
4/29
Queens Supreme
Childbirth : OB/GYN chose wrong
method of delivery, suit alleged
Andrew D. Leftt, New York, NY of Law Office of David P. Kownacki, P.C.
$485,000
Estate of Freeman v. Jewish Home and Hospital
for the Aged
8/18
New York
Supreme
Failure to Test : Woman's fall in nursing
home led to death, suit alleged
Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman
$450,000
Graham v. City N.Y.
11/5
Bronx Supreme
Failure to Test : Arrestee claimed proper
medical attention was denied
Robert Vilensky, New York, NY of Ronemus & Vilensky
$450,000
Pierson v. Feldman
9/29
Orange
Supreme
Surgical Error : Surgery led to post-traumatic stress disorder, patient alleged
Nicholas E. Warywoda, New York, NY of Douglas & London, P.C.
$352,500
Rojas v. Palese
4/22
New York
Supreme
Urological Surgery : Negligent surgery results
in large hypertrophic scar, patient alleged
Pasquale V. Vairo, New York, NY of Godosky & Gentile P.C.
$350,000
Estate of Coronado v. Montefiore Medical Ctr
10/29
Bronx Supreme
Delayed Diagnosis : Suit: Fatal embolism
stemmed from late diagnosis of fracture
Eric H. Morrison, New York, NY of Morrison & Wagner
$325,000
Burchell v. Edelman
12/10
Onondaga
Supreme
Misdiagnosis : Podiatrist's error led to
damaging surgery, patient alleged
Frank S. Gattuso, Fayetteville, NY of O'Hara, O'Connell & Ciotoli
$318,000
Kytka v. Dry Harbor Nursing Home & Rehabilitation Center Inc.
10/28
Richmond
Supreme
Negligent Treatment : Bedbound patient not
moved, developed bedsores, suit alleged
Sean J. Doolan, Windham, NY of Windham, NY, of counsel, Angiuli, Katkin
& Gentile, L.L.P., Staten Island, NY
$300,000
Verdicts Search’s Top NY Verdicts of 2010 33
Medical Malpractice (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
DeCoro v. Weiss
3/25
Bronx Supreme
Negligent Injection : Oral surgeon's anesthetic damaged nerve, patient alleged
Albert W. Chianese, Rockville Centre, NY of Albert W. Chianese & Associates
$275,000
Graham v. Weintraub
3/15
Kings Supreme
Delayed Treatment : Cancer grew while
patient dawdled, doctors contended
John Bonina, Jr., Brooklyn, NY of Bonina & Bonina, P.C.
$250,000
Estate of Urrico v. Saphire
10/6
Kings Supreme
Negligent Treatment : Steroid injections
led to bone breakdown, patient alleged
Robert Alan Saasto, Hicksville, NY of Attorney at Law
$250,000
Estate of Ant v. New York Methodist Hospital
8/5
Kings Supreme
Hospital : Fatal coma blamed on fall from
hospital bed
Eric H. Morrison, New York, NY of Morrison & Wagner
$225,000
Motor Vehicle Accident
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Pantano v. NYCTA
5/19
Kings Supreme
Question of Lights : Car crash's parties
disputed status of lights
William Schwitzer, New York, NY of Dinkes & Schwitzer
$10,000,000
Jiang v. Dollar Rent a Car Inc.
5/6
Kings Supreme
Red Light : Bicyclist hit by car alleged brain
damage
Paul Dansker and Douglas E. Hoffer, New York, NY of Dansker & Aspromonte Associates
$6,125,000
Apa v. Radolinski
1/13
Erie Supreme
Left Turn : Driver's hasty turn caused
crash, motorcyclist alleged
Terrence P. Higgins, Buffalo, NY of Higgins Kane Law Group PC
$4,950,000
Tselebis v. ABC Co. Inc.
3/11
Bronx Supreme
Motorcycle : Motorcyclist lost spleen, part
of foot in crash with truck
Gerard N. Misk, Queens, NY of Ginsburg & Misk
$4,800,000
Khan v. Guina
7/22
Kings Supreme
Wrong Way : Plaintiff claimed vehicular
crash caused psychological trauma
Dimitri Kotzamanis of Shaevitz & Shaevitz
$3,600,000
Caceras v. New York Public Library
4/15
Bronx Civil
Question of Lights : Car crash's parties
disputed status of traffic signals
William Schwitzer, New York, NY of Dinkes & Schwitzer
$3,300,000
Tsetsakos v. Bonaparte
8/10
Kings Supreme
Center Line : Car crash ended career,
ironworker claimed
Eric R. Bernstein, New York, NY of Law Offices of Eric R. Bernstein
$3,100,000
Batiz v. Rivera
4/9
Bronx Supreme
Motor Scooter : Parties debated whether
motor scooter equals 'motor vehicle'
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC
$2,100,000
Blount v. Regency Recycling Corp. of Rosedale
8/23
Kings Supreme
Speeding : Car crash caused brain injury,
plaintiff alleged
Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole
& Murphy LLP
$1,800,000
Davidson v. Bruno
7/13
Putnam
Supreme
Left Turn : Motorcyclist claimed crash's
injuries ended police career
Anthony Pirrotti, Jr., Scarsdale, NY of Pirrotti Law Firm LLC
$1,500,000
Sanchez v. City of New York
9/24
New York
Supreme
Left Turn : Fire truck's driver didn't yield at
intersection, motorcyclist alleged
Daniel P. O'Toole, New York, NY of Block O'Toole & Murphy LLP, New
York, NY, trial counsel, Philip Sporn, New York, NY
$1,500,000
Espinal v. Glosser
7/2
Bronx Supreme
Lane Change : Expressway crash blamed
on trucker's change of lanes
Paul J. Edelstein, New York, NY of The Edelsteins, Faegenburg & Brown
LLP, New York, NY, of counsel, Sol Zepnick PC
$1,500,000
Wilcher v. Pogostin
12/22
Kings Supreme
Multiple Vehicle : Plaintiff claimed car
crash's injuries ended career aspirations
Joelle T. Jensen, New York, NY of Dinkes & Schwitzer
$1,400,000
Zimmel v. Smith
7/28
Suffolk Supreme
Center Line : Car crash blamed on motorist who lost control in icy conditions
Ted M. Rosenberg, Holtsville, NY of Rosenberg & Gluck, L.L.P.
$1,400,000
Gushlaw v. Sutliff
4/26
Onondaga
Supreme
Sideswipe : Rig driver's hasty lane change
caused crash, plaintiff alleged
Jeffrey G. Pomeroy, Syracuse, NY of Greene & Reid, LLP
$1,200,000
Washington-Weston v. United States of
America
1/29
U.S. District
Court, Eastern
District
Broadside : Toppled traffic signal blamed
for car crash that injured three
Henry W. Davoli, Rockville Centre, NY of Law Offices of Henry W.
Davoli, Jr., PLLC & Alejandro Monroy, Melville, NY of The Law Offices of
Peter Dodge
$1,100,000
Meawad v. HVT Inc.
3/3
Queens
Supreme
Multiple Vehicle : Car crash caused spinal
injuries, plaintiff claimed
Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole
& Murphy LLP
$1,065,000
Citarelli v. Estate of Marine
9/15
Suffolk Supreme
Red Light : Car crash caused injuries of
back and neck, plaintiff claimed
Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &
Murphy, LLP
$1,000,000
Landi v. Villano
9/17
Suffolk Supreme
Center Line : Plaintiff broke arms and legs
in head-on car crash
Frank M. Maffei, Jr., St. James, NY of Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP
$994,340
Rene v. Abrams
4/23
Kings Supreme
Stop Sign : Trucker ignored stop sign,
caused crash, plaintiff alleged
Keith M. Sullivan, Middle Village, NY of Sullivan & Galleshaw, LLP
$900,000
Diaz v. Elrac Inc.
11/22
Suffolk Supreme
Stop Sign : Motorist didn't yield at stop
sign, plaintiff alleged
Randy S. Nissan, Bay Shore, NY of Siben & Siben, LLP
$900,000
Brown v. Gettinger
9/28
Nassau Supreme
Motorcycle : Motorcyclist, car's driver
traded blame for not avoiding crash
Conrad Jordan, New York, NY of trial counsel, Fink & Platz
$900,000
34 Verdicts Search’s Top NY Verdicts of 2010
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Motor Vehicle Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Reichenberg v. Hernandez
1/19
Queens
Supreme
Lane Change : Crash knocked plaintiff's
vehicle into cement barrier
Glenn Darnell, East Meadow, NY of Russo, Darnell & Lodato, LLP.
$900,000
Paci-O'Rourke v. Hicks
10/11
Suffolk Supreme
Sideswipe : Parties debated link between
car crash and plaintiff's injuries
Glenn Auletta and Michael DellaUniversita, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
$775,000
Peters v. Moskovitz
5/5
Queens
Supreme
Question of Lights : Car crash's parties
disputed status of traffic signals
Mark S. DeAngelis of DeAngelis & Hafiz
$750,000
Letson v. Manetta
11/3
Queens
Supreme
Left Turn : Plaintiff's elbow fractured in
car crash
Glenn Auletta, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
$750,000
Jordan, Jr. v. County of Suffolk
4/12
Suffolk Supreme
Bicycle : Bicylcist breaks both legs when
rear-ended by police car
Kenneth S. Feraru, Mineola, NY & Oscar Michelen, Mineola, NY of Sandback, Birnbaum & Michelen
$750,000
Assalone v. Anderson
7/21
Dutchess
Supreme
Question of Lights : Car crash's parties
disputed status of traffic signals
Anthony M. DeFazio and Joan F. Garrett, Wappingers Falls, NY of Vergilis,
Stenger, Roberts, Davis & Diamond, LLP
$700,000
Caico v. Greenbaum
7/27
Suffolk Supreme
Left Turn : Defense: Motorcyclist crossed
line in crash with car
Thomas J. Stock, Mineola, NY of Stock & Carr
$700,000
Langan v. City of New York
5/13
Kings Supreme
Intersection : City neglected to repair
faulty traffic light, plaintiff alleged
Michael J. Asta, New York, NY of Asta & Associates, P.C.
$700,000
Estate of Shannon v. City of Long Beach
2/8
Nassau Supreme
Stop Sign : City, bus driver liable for fatal
bicycle accident, estate alleged
Thomas F. Liotti and Edward A. Paltzik, Garden City, NY of Law Offices of
Thomas F. Liotti
$610,000
Eric T. v. Marvin B.
3/16
Dutchess
Supreme
Head-On : Head-on car crash caused
brain, neck injuries, plaintiff alleged
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.
$600,000
Silver v. Sklar
7/1
Suffolk Supreme
Question of Lights : Car crash's parties
disputed status of traffic signals
Glenn Auletta, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
$596,850
Sauers v. Blind
5/7
Ulster Supreme
Center Line : Car crash caused bulging,
protruding discs, plaintiff alleged
Eli B. Basch, Kingston, NY of Basch & Keegan L.L.P.
$550,000
LaVeglia v. Engel
5/5
Greene
Supreme
Yield Sign : Woman sustained fractured leg
in car crash
William M. Simon, Tannersville, NY
$526,000
Anthony v. Bobkoff
6/18
Bronx Supreme
Lane Change : Plaintiff: Defendant's unsafe
lane change caused crash
Daniel S. Berke, Bronx, NY of trial counsel, Philip J. Sporn & Associates
$500,000
Zhu v. New York City Transit Authority
7/26
New York
Supreme
Bicycle : Bus driver, bicyclist debated who
initiated collision
Adam E. Deutsch, Esq., New York, NY of Morelli Ratner P.C.
$500,000
Rivas v. New York City Transit Authority
5/28
Bronx Supreme
Bicycle : Bicyclist hit by bus blamed inattentive driver
Donte O. Mills, New York, NY of Sullivan Papain Block McGrath & Cannavo, P.C.
$490,000
Konfidan v. FF Taxi Inc.
3/23
Bronx Supreme
Lane Change : Plaintiff claimed he tore
shoulder in car crash
Todd A. Restivo, Garden City, NY of Law Office of Todd A. Restivo
$475,000
Nunez v. Garcia-Solis
7/12
Queens
Supreme
Red Light : Driver fleeing one crash
caused another, plaintiff alleged
Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.
$450,000
Skopp v. Duggan
4/14
Rockland
Supreme
Left Turn : Bicyclist and motorist collided,
each claimed other not attentive
Scott A. Wolinetz, New York, NY of Law Offices of Scott A. Wolinetz
$450,000
Perez v. Vasquez
7/1
New York
Supreme
Red Light : Motorist turned through red
light, caused crash, suit alleged
Jay S. Hausman, Hartsdale, NY of Jay S. Hausman & Associates, P.C.
$430,420
Hill v. Ajunwa
10/1
Kings Supreme
U-Turn : Motorcyclist lost kidney, spleen as
a result of crash
Rene Myatt, Hollis, NY of Law Office of Rene Myatt
$430,000
Carfora v. Raio
6/15
Richmond
Supreme
Parking Lot : Crash caused head injury and
leg wound, motorcyclist alleged
Steven Gershowitz and Andrew J. Levine, New York, NY of Raphaelson &
Levine Law Firm P.C.
$430,000
Diaz v. City of New York
4/23
Bronx Supreme
Multiple Vehicle : Car crash caused by inattentive motorist, plaintiff alleged
Ira M. Perlman, New York, NY of New York, NY, trial counsel, Reid B.
Wissner
$400,000
Goodman v. Estate of Schaffer
3/16
Kings Supreme
Question of Lights : Car's driver, bicyclist
both claimed right of way
Russell LiBrizzi, Brooklyn, NY of Lozner & Mastropietro
$390,000
Quartlbaum v. Tranka
12/17
New York
Supreme
Parked Car :
Adam Cahn and Mitchel E. Weiss, New York, NY of Sakkas, Cahn & Weiss,
LLP
$375,000
Kinal v. Allstate Insurance Co.
12/17
Erie Supreme
Stop Sign : Car crash caused spinal herniations, plaintiff claimed
Robert A. Scalione, Buffalo, NY of Cellino & Barnes P.C.
$330,000
Ruthinoski v. Brinkman
6/22
Suffolk Supreme
Left Turn : Motorcyclist struck turning van
while on wrong side of road
Anthony Palumbo, Mattituck, NY of Goggins & Palumbo
$302,500
Bachert v. Ram Cab Corp.
4/15
Kings Supreme
Multiple Vehicle : Plaintiff hurt in car crash
while confronting alleged rapist
Jason Krakower, New York, NY of Raphaelson & Levine Law Firm, P.C.
$300,000
Wolcott v. Woeller
5/3
Genesee
Supreme
Center Line : Motorist failed to negotiate
icy road, plaintiff alleged
Carrie L. Smith, Buffalo, NY of Smith, Miner, O'Shea & Smith LLP
$282,500
36 Verdicts Search’s Top NY Verdicts of 2010
Motor Vehicle Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Kennedy-White v. Follett
6/23
Bronx Supreme
Weather Conditions : Car crash's parties
each claimed other lost control
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg
$250,000
Guevara v. de la Cruz
7/19
New York
Supreme
Motor Scooter : Driver's hasty turn
caused crash, mo-ped rider claimed
Christopher L. Vargas, New York, NY of Bader, Yakaitis & Nonnenmacher,
LLP
$250,000
Catches v. State Farm Insurance Co.
1/14
Matter not filed
Lane Change : Insurer, injured bicyclist
debated coverage
Jared T. Levine, New York, NY of Dervishi, Levine & Morgan, P.C.
$250,000
Perez v. Fanning
1/27
Westchester
Supreme
Left Turn : Driver's hasty turn caused
crash, motorcyclist alleged
Matthew Haicken and Edward A. Lemmo, New York, NY of Proner &
Proner
$227,783
Carr-Crews v. Ace Oil Inc.
11/16
Ulster Supreme
Red Light : Car crash caused head, spine,
shoulder injuries, plaintiff alleged
Jeff Brody, Kingston, NY of Jeff Brody Injury Law
$225,000
Brown v. Dato
10/1
Westchester
Supreme
Left Turn : Driver's dangerous turn caused
crash, motorcyclist alleged
Brad A. Kauffman, New York, NY of The Law Office of Brad A. Kauffman,
PLLC
$220,000
Estate of Roe v. Hogue
2/24
Orleans Supreme
Stop Sign : Fatal crash blamed on disregard of stop sign
J. Michael Hayes, Buffalo, NY of J. Michael Hayes, Esq.
$200,000
Hecker v. Modern Bakery, Inc.
2/16
Bronx Supreme
Motor Scooter : Insurer attempted to
deny accident was not cause of decedent's death
Denise M. Dunleavy, New York, NY of Kramer & Dunleavy, LLP
$194,000
Huang v. Birman
3/18
Kings Supreme
Bicycle : Motorist contended bicyclist rode
into his path
Dana M. Northcraft, New York, NY of Caesar & Napoli
$177,300
Parker v. Hickley
4/21
Bronx Supreme
U-Turn : Motorist's hasty U-turn caused
crash, plaintiff alleged
Alena E. Bespechny, Bronx, NY of Law Office of Alexander Bespechny &
Norman R. Gershon, New York, NY, trial counsel
$175,000
Clarke v. Veloz
2/24
Bronx Supreme
Lane Change : Collision knocked car
across highway and back
Joshua D. Gropper, New York, NY of Brown & Gropper, LLP
$170,000
Resvanis v. Rodriguez
10/27
Queens Supreme
Center Line : Motorist entered oncoming
traffic, caused crash, suit alleged
Costas M. Eliades, New York, NY of Law Offices of Costas M. Eliades
$165,309
Tarantino v. Castorina
3/23
Bronx Supreme
Stop Sign : Motorcyclist, car's driver
disputed whether crash occurred
Jason L. Paris, New York, NY of Paris & Chaikin, P.L.L.C.
$150,000
Dacosta v. City of Niagara Falls
5/20
Niagara Supreme
Red Light : Plaintiff claimed inattentive
policeman caused car crash
Robert B. Nichols, Buffalo, NY of Paul William Beltz, P.C.
$150,000
Matin v. Feliciano
6/14
Queens Supreme
Red Light : Drunken driver ignored red
light, caused crash, plaintiff alleged
Sushrut K. Pandya, Jackson Heights, NY of trial counsel, Law Office of
Stuart N. Babich, Esq.
$150,000
Mindyuk v. BMW Financial Services NA LLC
2/3
Kings Supreme
Question of Lights : Car crash's parties
disputed right of way
Nicholas W. Kowalchyn, New York, NY of Fredric Lewis
$150,000
Elkins v. Lee
11/23
Ulster Supreme
Head-On : Car crash caused lingering
spinal woes, plaintiff alleged
John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello LLP
$150,000
Dominguez v. AD Plumbing & Heating Co.
4/9
Kings Supreme
Intersection : Jury splits liability for collission at intersection with limited visibility
Elias N. Fillas, Whitestone, NY of Sacco & Fillas, L.L.P.
$125,000
O'Reilly v. DHL Express Inc.
8/23
Bronx Supreme
Broadside : Plaintiff claimed he tore shoulder in car crash
David S. Aronowitz, New York, NY of Shapiro, Beilly & Aronowitz, LLP
$125,000
Bloom v. Sideris
7/28
Suffolk Supreme
Lane Change : Suit's parties debated presence of neurological condition
Matthew J. Zullo, Melville, NY of Rappaport, Glass, Greene & Levine, L.L.P.
$122,674
Santos v. National Retail Transportation Inc.
4/16
Bronx Supreme
Lane Change : Car crash's parties each
blamed other's lane change
Harvey G. Lockhart, Great Neck, NY of trial counsel, Yankowitz Law Firm,
P.C.
$120,000
Engel v. Stephenson
2/15
Nassau Supreme
Question of Lights : Car crash's parties
both claimed right of way
Stuart M. Rissoff, Garden City, NY
$115,000
Zych v. Warrich
4/22
Kings Supreme
Multiple Vehicle : Two cabbies blamed for
crash involving third vehicle
Adam C. Yanover, Garden City, NY of Yanover & Yanover
$115,000
Mockus v. Gaber
3/15
Clinton Supreme
Stop Sign : Motorist ran stop sign, caused
crash, motorcyclist alleged
Anthony J. Brindisi, Utica, NY of Brindisi, Murad, Brindisi, Pearlman, Julian
& Pertz LLP
$110,000
Autiello v. Cummins
2/16
Washington
Supreme
Left Turn : Car crash caused neck injuries,
broken tooth, plaintiff alleged
William L. Nikas, Hudson Falls, NY
$105,750
Fishburne v. Niclas
2/8
Ulster Supreme
Speeding : Speeding, failure to yield
blamed for car crash
David J. Clegg, Kingston, NY of The Law Firm of David J. Clegg, Esq.
$100,000
Primus-Morris v. Government Employees Insurance Co.
11/11
American
Arbitration Association
Sideswipe : High-speed crash caused back,
knee injuries, claimant alleged
Brian R. Gunn, Garden City, NY of Cerussi & Gunn, P.C.
$100,000
Holmstock v. Valentin
1/6
Queens Supreme
Question of Lights : Speeding driver
caused crash, plaintiff alleged
Robert Alan Saasto, Hicksville, NY
$100,000
Nappy v. Stuck
3/11
Nassau Supreme
Question of Lights : Parties disputed
shoulder tear's relation to car crash
Mark Panzavecchia, Garden City, NY of Panzavecchia & Associates, PLLC
$100,000
Verdicts Search’s Top NY Verdicts of 2010 37
Motor Vehicle Accident (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Massa v. Guzman
10/5
Bronx Supreme
Parked Car : Motorist didn't avoid parked
SUV's open door, plaintiff alleged
Arlen S. Yalkut, Bronx, NY of Yalkut & Israel
$100,000
Casale v. Noto
2/9
Kings Supreme
Broadside : Motorist didn't yield while
exiting driveway, plaintiff claimed
Ernest N. Reece, New York, NY, trial counsel to Krentsel & Guzman, LLP
$100,000
Motor Vehicle Accident : No-Fault
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Hart v. Burden
3/2
Suffolk Supreme
No-Fault Case : Multi-car crash caused
shoulder, spine injuries, plaintiff alleged
Michael A. Rose, New York, NY of Hach & Rose, L.L.P.
$2,225,000
Rakvin v. Sovereign Motor Cars Ltd.
5/25
Kings Supreme
No-Fault Case : EMT claimed car crash's
injury ended career
Jonathan D'Agostino and Glen DeVora, Staten Island, NY of Jonathan
D'Agostino & Associates P.C.
$1,500,000
Brussenski v. Cohen
4/7
Nassau Supreme
No-Fault Case : Plaintiff claimed car crash
exacerbated spinal condition
Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &
Murphy, LLP
$1,200,000
Sundberg v. County of Erie
8/6
Erie Supreme
No-Fault Case : Car crash caused disabling
injuries of spine, plaintiff alleged
Denis J. Bastible, Buffalo, NY of Cellino & Barnes
$1,100,000
Bautista v. Elrac Inc.
6/16
Bronx Supreme
No-Fault Case : Car crash caused caused
spinal injuries, plaintiff alleged
Jeffrey A. Block, New York, NY of Block O'Toole & Murphy LLP
$1,000,000
Mieles v. ACS Telecommunications Inc.
1/28
Kings Supreme
No-Fault Case : Car crash caused spinal
injury, plaintiff alleged
Harlan A. Wittenstein, Brooklyn, NY of Wittenstein & Associates, P.C.;
$850,000
Bacon v. Bostany
11/3
Kings Supreme
No-Fault Case : Car crash caused spinal
injuries, plaintiff claimed
Robert P. Baquet, New York, NY of Weiser & Associates
$850,000
Dube v. Nesbitt
2/4
Warren Supreme
No-Fault Case : Accident caused disabling
facet syndrome, plaintiff alleged
William L. Nikas, Hudson Falls, NY
$700,000
Blanco v. Bastone
2/17
Bronx Supreme
No-Fault Case : Parkway crash caused
back, neck injuries, plaintiff alleged
Stephen H. Jacobson, New York, NY of Hecht Kleeger Pintel & Damashek
$500,000
Zgrodek v. McInerney
9/20
Ulster Supreme
No-Fault Case : Car crash aggravated
spinal condition, plaintiff claimed
John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello, L.L.P.
$415,000
Depriest v. Dobbs
5/4
Erie Supreme
No-Fault Case : Car crash caused spinal
injury, plaintiff claimed
Michael M. Metzger and Jeffrey A. Perla, Buffalo, NY of Perla & Perla LLP
$344,000
Rodriguez v. Ladelfa
1/21
Kings Supreme
No-Fault Case : Man hurt in car crash
claimed injuries of knee, spine, shoulder
Ernest N. Reece, New York, NY, trial counsel to Krentsel & Guzman, LLP
$335,000
Miller v. Holman
5/19
Nassau Supreme
No-Fault Case : Parties debated car
crash's link to plaintiff's spinal woes
Steven Gershowitz, New York, NY of Raphaelson & Levine Law Firm P.C.
$320,000
Boyle v. Smith
6/8
Ulster Supreme
No-Fault Case : Car crash aggravated
brain deformity, plaintiff claimed
Eli B. Basch, Kingston, NY of Basch & Keegan, L.L.P.
$300,000
Harris v. Bradley
8/23
Sullivan Supreme
No-Fault Case : Plaintiff claimed car crash
led to permanent bend of neck
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.
$292,500
Walker-Bryant v. Ferrara
3/16
Kings Supreme
No-Fault Case : Car crash caused back
injury, plaintiff alleged
Marilyn Nelson-Cashman, New York, NY of Weiss & Rosenbloom, P.C.
$280,000
Calderone v. Actual Construction Corp.
3/31
Nassau Supreme
No-Fault Case : Man hit by truck alleged
four herniations, torn knee
Edwin T. Mulhern, Franklin Square, NY of Huwel & Mulhern
$250,000
Herbert-Lewis v. Gensior
4/30
Bronx Supreme
No-Fault Case : Car crash caused spinal
injury, plaintiff alleged
Hiram Anthony Raldiris, New York, NY of Law Offices of Eric H. Green
$250,000
Lawrence v. Canales
1/27
Nassau Supreme
No-Fault Case : Car crash caused shoulder, spinal injuries, plaintiff alleged
Jay D. Umans, East Meadow, NY of Jay D. Umans, Attorney at Law
$250,000
Shaw v. Atria Senior Living Group Inc.
11/15
New York
Supreme
No-Fault Case : Car crash caused shoulder injury, plaintiff claimed
Robert K. Erlanger, New York, NY of Erlanger Law Firm, P.L.L.C.
$250,000
Roche v. Russel
4/8
Bronx Supreme
No-Fault Case : Plaintiff struck by car,
claimed fractures of foot
Howard Fifer, New York, NY of Sonkin & Fifer
$240,000
Cervini v. Dukuly
11/17
Queens Supreme
No-Fault Case : Car crash caused spinal
injuries, plaintiff alleged
Clifford S. Argintar, New York, NY of Sullivan Papain Block McGrath &
Cannavo P.C.
$240,000
Tropea v. Cristo
5/20
Bronx Supreme
No-Fault Case : Man hurt in car crash
claimed ongoing knee problems
Gary Slobin, New York, NY of Alpert & Kaufman, LLP
$200,000
Smith v. DeAngelis
4/26
Suffolk Supreme
No-Fault Case : Head-on car crash caused
knee injury, plaintiff alleged
Denny Brown, Ronkonkoma, NY of Gruenberg & Kelly
$150,000
McCarthy v. Hines
7/13
Westchester
Supreme
No-Fault Case : Car crash ended equestrian career of 28 years, suit alleged
Michael J. Palma, Hackensack, NJ of Nowell, Amoroso, Klein & Bierman,
P.A.
$150,000
Havern v. Marcantonio
10/20
Warren Supreme
No-Fault Case : Car crash aggravated
spinal condition, plaintiff alleged
Steven Shultz, Saratoga Springs, NY of special counsel, The Brian Lee Law
Firm PLLC
$150,000
38 Verdicts Search’s Top NY Verdicts of 2010
Motor Vehicle Accident : No-Fault (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Lakrim v. Reinhardt
7/26
Kings Supreme
No-Fault Case : Car crash caused injuries
of spine, shoulder, plaintiff alleged
Norman E. Frowley, New York, NY of Zalman & Schnurman
$135,000
Febo v. McNally
1/28
Suffolk Supreme
No-Fault Case : Car crash caused neck
injuries, plaintiff alleged
John M. Porchia, III, West Islip, NY of Lite & Russell
$125,000
Tejada v. Hempstead Transportation Service
2/19
New York
Supreme
No-Fault Case : Plaintiff's crash-related
injuries long gone, defense argued
Wade Turnbull, Bronx, NY of Jacob Oresky & Associates, PLLC
$113,500
Simmons v. Rosas
6/24
Nassau Supreme
No-Fault Case : Parties debated herniation's link to vehicular accident
Joel Levine, Mineola, NY of Levine & Wiss
$100,000
Sissons v. Labriola
4/1
Nassau Supreme
No-Fault Case : Highway crash caused
spinal injuries, plaintiff claimed
Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP
$100,000
Valdez v. GEICO Insurance Co.
7/29
American
Arbitration Association
No-Fault Case : Car crash caused tear of
knee, claimant alleged
Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.
$100,000
France v. Martinez
7/29
Bronx Supreme
No-Fault Case : Car crash caused herniated disc, plaintiff claimed
Mark A. Siesel, White Plains, NY of The Law Office of Mark A. Siesel
$90,000
Baker v. Estate of Narkiewicz
2/22
Saratoga Supreme
No-Fault Case : Car crash aggravated
surgically repaired eye, plaintiff claimed
James B. Tuttle, Latham, NY
$90,000
Celestino v. Niamehr
2/18
Queens Supreme
No-Fault Case : Woman struck by car,
claimed injuries of back and neck
Robert B. Taylor, Great Neck, NY of Rovegno & Taylor, P.C.
$75,000
Mantia v. Lamando
4/27
Orange Supreme
No-Fault Case : Car crash caused spinal
herniations, plaintiff alleged
Terrence James Cortelli, White Plains, NY of Lever & Stolzenberg
$75,000
Ruggieri v. Ralph
2/9
Suffolk Supreme
No-Fault Case : Car crash caused neck,
shoulder injuries, plaintiff claimed
Brian R. Gunn, Garden City, NY of Cerussi & Gunn, P.C.
$75,000
Millington v. Fofanah
4/1
Bronx Supreme
No-Fault Case : Car crash caused injuries
of spine, wrist, plaintiff alleged
Justin D. Brandel, New York, NY of David Resnick & Associates, P.C.
$75,000
Vitalis v. Boucher
10/25
Kings Supreme
No-Fault Case : Car crash caused injuries
of back and neck, plaintiff claimed
Joel Levine, Mineola, NY of Levine & Wiss
$75,000
Herz v. Nemets
3/16
Kings Supreme
No-Fault Case : Car crash caused back,
knee injuries, plaintiff alleged
Michael S. Lazarowitz, Brooklyn, NY of Lazarowitz & Manganillo, LLP
$62,500
Makhnevich v. Cohen
12/14
Kings Supreme
No-Fault Case : Couple claimed car crash
caused knee injuries
Gennady Yankilevich, Brooklyn, NY
$60,000
Dandridge v. Government Employees Insurance
Co.
12/13
Bronx Supreme
No-Fault Case : Car crash caused spinal
injuries, plaintiff claimed
Matthew A. Schroeder, New York, NY of The Law Offices of Alvin M.
Bernstone, LLP
$60,000
Elliot v. Cabbell
9/14
Bronx Supreme
No-Fault Case : Car crash caused spinal
injuries, driver, passenger claimed
Gerold M. Mallow, New York, NY of Mallow, Konstam & Nisonoff, P.C.
$60,000
Encarnacion v. Bissessar
10/27
Kings Supreme
No-Fault Case : Car crash caused jaw,
neck injuries, plaintiff claimed
Donald T. Ridley, New York, NY of The Mandal Law Firm
$60,000
Rodriguez v. VL Olympus Bagels
4/21
Bronx Supreme
No-Fault Case : Car crash caused back,
neck injuries, plaintiff claimed
Richard E. Noll, Mineola, NY of Law Office of Bloom & Noll
$60,000
Daniel v. Wang
3/31
Bronx Supreme
No-Fault Case : Car crash caused injuries
of back and neck, plaintiff alleged
David Pomerantz, New York, NY of trial counsel, Paul G. Vesnaver, Baldwin, $55,000
NY
Conti v. Rudinski
3/18
Erie Supreme
No-Fault Case : Head-on car crash caused
neck injuries, plaintiff alleged
Joshua P. Rubin and Nadeen C. Singh, Buffalo, NY of Law Offices of James
Morris
$50,000
Algerio v. Caribbean Air Conditioning Corp
4/29
Suffolk Supreme
No-Fault Case : Defense: Plaintiff's knee
problems preceded accident
Edmond C. Chakmakian, Hauppauge, NY of Law Offices of Edmond C.
Chakmakian, P.C.
$50,000
Johnson v. Desanna
3/4
Ulster Supreme
No-Fault Case : Car crash caused injury of
back, plaintiff alleged
Joseph E. O'Connor, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.
$50,000
McBride-Jones v. Samejima
1/28
Bronx Supreme
No-Fault Case : Car crash caused cataract,
partial blindness, plaintiff alleged
Benjamin E. Setareh, Pleasantville, NY of Benjamin E. Setareh, P.C.
$50,000
Ingham v. Radigan
3/16
Suffolk Supreme
No-Fault Case : Car crash aggravated
prior disc injury, plaintiff claimed
Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP
$50,000
McEwen v. Kanaev
10/15
Bronx Supreme
No-Fault Case : Suit's parties debated accident's relation to plaintiff's injuries
Christopher L. Vargas, New York, NY of Bader, Yakaitis & Nonnenmacher,
LLP
$45,000
Hall v. Chan
11/23
Bronx Supreme
No-Fault Case : Multi-car crash caused
injuries of back, plaintiff claimed
James P. Benintendi, Bronx, NY of Getz & Braverman, PC
$45,000
DeLuis v. Holahan
7/14
Nassau Supreme
No-Fault Case : Car crash caused spinaldisc bulges, plaintiff alleged
Darryn Solotoff, Long Beach, NY of Elovich & Adell
$45,000
Hicks v. Duplessis
8/31
Niagara Supreme
No-Fault Case : Car crash aggravated
ankle and knee injuries, plaintiff alleged
Michael G. Cooper, Hamburg, NY of Michael G. Cooper, Esq.
$42,000
Montesano v. Bollar
6/1
Suffolk Supreme
No-Fault Case : Car crash caused spinal
injuries, plaintiff alleged
Michael DellaUniversita, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
$35,000
Verdicts Search’s Top NY Verdicts of 2010 39
Motor Vehicle Accident : No-Fault (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Iyalekhue v. Aiwerioghene
10/6
Bronx Supreme
No-Fault Case : Suit's parties debated
permanency of plaintiff's injuries
Steven Goldstein, New York, NY of Goldstein & Handwerker
$30,000
Oren v. Edwards
4/12
Kings Supreme
No-Fault Case : Plaintiff claimed car crash
led to permanent neck pain
James E. Daguanno, New York, NY of Tiger & Daguanno, L.L.P.
$30,000
Batista v. Ahmed
4/29
Kings Supreme
No-Fault Case : Plaintiff claimed shoulder
was torn, dislocated in crash
Irving Gertel, Brooklyn, NY of Kagan & Gertel, L.L.P.
$25,000
Golding v. Alban
3/2
Queens Supreme
No-Fault Case : Plaintiff claimed car crash
caused back, neck injuries
Russell A. Bloch, Flushing, NY of Mallilo & Grossman
$25,000
Okereke v. Buchsbaum
10/13
Bronx Supreme
No-Fault Case : Highway crash led to
permanent pain, plaintiff alleged
Daniel A. Kalish, White Plains, NY of Law Office of Daniel A. Kalish
$25,000
Jimenez v. Graham
3/10
Bronx Supreme
No-Fault Case : Car crash caused neck
injuries, plaintiff alleged
Charles E. Finelli, New York, NY of Law Office of Charles E. Finelli
$25,000
Benavides v. Thompson
3/9
Queens Supreme
No-Fault Case : Man hit by car alleged
injuries of back, ongoing pain
Russell A. Bloch, Flushing, NY of Mallilo & Grossman
$20,000
Bracchus v. Logan
6/7
Kings Supreme
No-Fault Case : Car crash caused back,
neck injuries, plaintiffs claimed
Simon Bardizbanian, Richmond Hill, NY of Bardizbanian & Associates, P.C.;
Dennis Feliciano, Flushing, NY of Mallilo & Grossman
$16,000
Farrell v. Turner
5/3
Suffolk Supreme
No-Fault Case : Defense: Plaintiff has no
lingering injuries from car crash
Jonathan A. Baum of Siben & Siben, LLP
$15,000
Scott v. Fiumefreddo
8/11
Bronx Supreme
No-Fault Case : Car crash caused spinal
injuries, plaintiff alleged
Andrew W. Bokar, New York, NY of Greenstein & Milbauer, LLP
$15,000
Morales-Rogel v. Motor Vehicle Accident Indemnification Corp.
11/19
Bronx Civil
No-Fault Case : Hit-and-run ended career
in construction, plaintiff claimed
Steven Barbera, Flushing, NY of Mallilo & Grossman
$12,500
Lopez v. Foley
4/20
Bronx Supreme
No-Fault Case : Car crash caused four
bulging discs, plaintiff claimed
Sean O. Edwards, Baldwin, NY of Law Offices of Rommel Daniel
$10,000
Calloway v. Giles
2/23
Suffolk Supreme
No-Fault Case : Car crash caused permanent injury of finger, plaintiff alleged
Howard S. Grafstein, Deer Park, NY
$4,000
Motor Vehicle Accident - Pedestrian Injuries
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Falcone v. Verizon New York Inc
5/25
Kings Supreme
Pedestrian : Man struck by car suffers
paralysis, brain damage
Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore
$40,876,000
Dalton v. Memminger
3/2
Erie Supreme
Pedestrian : High school student struck
by painting truck accepts $3.5 million
settlement
Terrence P. Higgins, Buffalo, NY of Higgins Kane Law Group PC
$3,500,000
Estate of Araujo v. County of Nassau
4/2
Nassau Supreme
Pedestrian : Fatal accident blamed on
driver who ran red light
Howard S. Hershenhorn, New York, NY of Gair, Gair, Conason, Steigman
& Mackauf
$3,025,000
Sanchez v. Gonzalez
4/29
Bronx Supreme
Pedestrian : Pedestrian alleged truck failed
to yield the right of way
Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &
Murphy, LLP
$2,750,000
Miller v. Kolerski
7/6
Erie Supreme
Pedestrian : Car crash caused painful jaw
condition, plaintiff alleged
Kevin J. Sullivan, Buffalo, NY of Paul William Beltz, P.C.
$2,400,000
Vizcaino v. NYC Board of Elections
10/7
Kings Supreme
Pedestrian : Car bounced out of collision,
struck bystander on sidewalk
James J. McCrorie, Jericho, NY of Law Office of James J. McCrorie
$2,260,000
Sanderson v. NYCTA
1/12
Kings Supreme
Pedestrian : Parties debated whether bus
struck and dragged plaintiff
Jay W. Dankner, New York, NY of Dankner & Milstein, P.C.
$2,150,000
Agro v. Gambardella
7/15
Queens
Supreme
Pedestrian : Woman struck by car underwent fusion of spine
Philip A. Russotti, New York, NY of Wingate, Russotti & Shapiro
$1,750,000
Peguero v. L & M Bus Corp
1/20
Kings Supreme
Pedestrian : Mother run over by bus after
pushing son out of harm's way
Alberto Casadevall, Yonkers, NY of Fitzgerald & Fitzgerald, P.C.
$1,656,400
Pukhovich v. New York City Police Department
10/7
Queens
Supreme
Pedestrian : Police vehicle going in reverse
struck woman crossing street
Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &
Murphy, LLP
$1,500,000
Hussain v. Diamond
11/17
Kings Supreme
Pedestrian : Gas station's attendant run
over while cleaning fuel tanks
Jeffrey E. Phillips, New York, NY of Phillips, Krantz & Associates, LLP
$1,250,000
Wardak v. Zenhom
1/20
Nassau Supreme
Pedestrian : Man struck by car in driveway,
sustained badly broken leg
Cathy Flanzig, Mineola, NY of Flanzig & Flanzig LLP
$1,100,000
Emery v. New York City Transit Authority
12/3
New York
Supreme
Pedestrian : Biker hit by bus claimed he
has to change careers
Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.
$1,022,089
Stewart v. DMT Enterprise Inc.
10/28
Bronx Supreme
Pedestrian : Boy hit and killed by truck;
estate blamed crossing guard
Harvey Weitz, New York, NY of Paul B. Weitz & Associates, P.C.
$1,000,000
Morgan v. City of New York
5/12
New York
Supreme
Pedestrian : Plaintiff struck by truck,
blamed driver's lateness
Louis Grandelli, New York, NY of Louis Grandelli, P.C.
$975,000
40 Verdicts Search’s Top NY Verdicts of 2010
Motor Vehicle Accident - Pedestrian Injuries (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Maltese v. Borkenstein
7/1
Queens Supreme
Pedestrian : Woman hit by car, claimed
driver was on wrong side of road
Christopher T. McGrath, Mineola, NY of Sullivan, Papain, Block, McGrath &
Cannavo P.C.
$975,000
Ruiz v. Felix
3/17
Kings Supreme
Pedestrian : Worker pinned by truck after
falling into loading dock's bay
Nick Gjelaj, New York, NY of Block O'Toole & Murphy LLP
$925,000
Estate of Sanchez v. C.O.N.Y.
2/11
Bronx Supreme
Pedestrian : Woman initiated fatal collision
with truck, driver contended
Jeff S. Korek, New York, NY of Gersowitz, Libo & Korek, P.C.
$870,000
Nicaj v. Town of Carmel
1/13
Putnam Supreme
Pedestrian : Fireman reckless en route to
emergency, plaintiff alleged
Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.
$740,000
Richards v. Wolfe
9/13
New York
Supreme
Pedestrian : Man bumped by car sustained
fractures of leg
Peter DeFilippis, New York, NY of Peter DeFilippis & Associates, P.C.
$550,000
Ling v. Little Richie Bus Service Inc.
2/8
Kings Supreme
Pedestrian : Woman struck by bus, sustained broken leg
Amy Rosenbloom, New York, NY of Weiss & Rosenbloom, P.C.
$500,000
Schneider v. Khalid
8/18
Suffolk Supreme
Pedestrian : Woman hit by car fractured
pelvis, suffered ruptured spleen
Robert Vilensky, New York, NY of Ronemus & Vilensky
$500,000
Richardson v. City of New York
3/11
New York
Supreme
Pedestrian : Pedestrian injured by a parked
car sideswiped by a city bus
Marc Elefant, New York, NY of Wallach & Elefant, L.L.P.
$407,400
Wells v. Caba
2/12
Kings Supreme
Pedestrian : Plaintiff struck by van, sustained fracture of knee
Keith Sullivan, Middle Village, NY of Sullivan & Galleshaw, L.L.P.
$375,000
Gogel v. Deck Cab Corp.
6/28
Queens Supreme
Pedestrian : Plaintiff's knee replacement
blamed on being struck by taxi
Frederick C. Aranki, New York, NY of Block O'Toole & Murphy, LLP
$325,000
Spicer v. Daly
4/27
Bronx Supreme
Pedestrian : Woman hit by car claimed
tears of knee
Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.
$300,000
Ordonez v. Hoffman
8/5
Westchester
Supreme
Pedestrian : Woman hit by car sustained
injuries of face, spine
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$300,000
Eldilemi v. Sanginito
1/27
Bronx Supreme
Pedestrian : Boy hit by car claimed hip
fracture, spinal bulges
Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman,
PLLC
$224,000
Hill v. Dean
2/10
Kings Supreme
Pedestrian : Woman hit by car, claimed
injuries of spine
Larry J. Bonchonsky, Great Neck, NY of Mark E. Weinberger, P.C.;
$200,000
Cordova v. Gamma
6/10
Queens Supreme
Pedestrian : Teen hit by car alleged amnesia and shoulder injury
Marilyn Nelson-Cashman, New York, NY of Weiss & Rosenbloom, P.C.
$170,000
Marcario v. Leva
10/21
Nassau Supreme
Pedestrian : Woman hit by car claimed
disabling knee injury
Neil H. Greenberg, Westbury, NY of Law Office of Neil H. Greenberg &
Associates, P.C.
$161,167
Joseph v. Lewis
7/14
Kings Supreme
Pedestrian : Woman struck by bus, claimed
herniations of back and neck
Erica B. Sattler, New York, NY of Harmon, Linder & Rogowsky
$150,000
Tsynman v. Becker
6/18
Rockland Supreme
Pedestrian : Man clipped by car's mirror
claimed driver was speeding
Daniel H. Gilberg, New York, NY of Law Offices of Daniel H. Gilberg
$125,000
Goodman v. Howe
3/11
Matter not filed
Pedestrian : Woman run over by rolling
vehicle at church tag sale
Lawrence A. Breslow, Poughkeepsie, NY of Rutberg & Associates P.C.
$100,000
Cannon v. Parulan
2/22
Westchester
Supreme
Pedestrian : Fatal pedestrian knockdown
blamed on speeding driver
Robert H. Rosenblatt, White Plains, NY of Rosenblatt & McGarrity
$100,000
So v. Lurie
4/7
Queens Supreme
Pedestrian : Woman hit by car sustained
eight fractures
Bobby Walia, Flushing, NY of Walia & Walia, PLLC
$100,000
Cardona v. Agudo
8/30
Queens Supreme
Pedestrian : Parties debated hit-and-run
driver's identity
Robert B. Steinberg, Garden City, NY of Steinberg & Gruber, P.C.
$100,000
Heidenreich v. Keller
2/22
Oneida Supreme
Pedestrian : Plaintiff hit by car, then struck
again when driver reversed
Marc Jonas, Utica, NY of Law Offices of Marc Jonas
$95,000
Yan v. Riccio
2/4
Kings Supreme
Pedestrian : Motorist backed out of
parked position, struck plaintiff
Laurence E. Jacobson, New York, NY of Laurence E. Jacobson PC
$70,000
Pidoto v. Jasmine Limo Inc
11/17
Kings Supreme
Pedestrian : Parties debated visibility of
woman who was hit by car
Robert Alan Saasto, Hicksville, NY , trial counsel, Sean Rooney, Brooklyn,
NY
$70,000
Jean-Baptiste v. Mills
8/13
Kings Supreme
Pedestrian : Man hit by car claimed injuries
of back and neck
Kelly Stokes, Brooklyn, NY of Mallilo & Grossman
$53,000
Hagar v. Barnard
10/7
Orange Supreme
Pedestrian : Worker hired to plow driveway struck property's owner
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.
$50,000
Martinez v. M.V.A.I.C.
4/14
Bronx Supreme
Pedestrian : Man hit by van claimed he
developed disabling knee pain
Ari Jacobson, New York, NY of Law Offices of Scott A. Wolinetz
$40,000
O'Brien-Butler v. Espejo
3/15
Westchester
Supreme
Pedestrian : Woman hit by truck claimed
fracture of sacrum
Mary Beth Mullins, Larchmont, NY
$32,500
Verdicts Search’s Top NY Verdicts of 2010 41
Motor Vehicle Accident : Passenger Injuries
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Capone v. Ciancolo
2/17
Kings Supreme
Passenger : Car struck fireplug, passenger's
colon lacerated
Christopher T. McGrath, Mineola, NY of Sullivan Papain Block McGrath &
Cannavo P.C.
$7,200,000
Corona v. Morrison
8/3
Suffolk Supreme
Passenger : Kids hurt in crash; speeding
driver, lack of safety seat blamed
Mark E. Alter and Alexander J. Galvez, Mineola, NY of Law Offices of
Mark E. Alter
$5,450,000
Boothe v. M.A.B.S.T.O.A.
5/14
Bronx Supreme
Passenger : Taxi's fare hurt in collision
with bus
Edmond J. Pryor, Bronx, NY of Law Offices of Edmond J. Pryor & William
C. Clyne, Bronx, NY of Of Counsel
$2,581,117
Day v. Assured Moving & Storage Inc.
2/16
Kings Supreme
Passenger : Motorist ignored stop sign,
caused crash, plaintiffs alleged
Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole
& Murphy LLP & Todd A. Restivo, Garden City, NY of Law Office of Todd
A. Restivo & Eitan A. Ogen, New York, NY of Ogen & Associates, P.C.
$2,405,000
Edwards v. Erie Coach Lines Co.
3/8
Livingston
Supreme
Passenger : Passengers claimed psychological injuries from bus crash
Marc S. Albert and Moshe Horn, New York, NY of Seeger Weiss LLP
$2,250,000
Estate of Campbell-Pegram v. New York City
Transit Authority
11/22
New York
Supreme
Passenger : Bus driver accused of failing to
properly secure wheelchair
Richard H. Abend, New York, NY of Abend & Silber
$1,500,000
Harouni v. Miller
6/30
Richmond
Supreme
Passenger : Sleeping driver stuck disabled
vehicle, plaintiffs alleged
Ian M. Chaikin, New York, NY of Paris & Chaikin, P.L.L.C.
$1,325,000
Whaley v. Roehl Transport Inc.
1/8
Orange
Supreme
Passenger : Speeding driver, unresponsive
trucker caused crash, suit alleged
Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.; Joseph A.
Ruta, New York, NY of Ruta & Soulios LLP
$1,000,000
Keller v. Rich
4/12
Nassau Supreme
Passenger : Car crash's parties disputed
status of traffic signals
Robert G. Sullivan, Mineola, NY of Sullivan Papain Block McGrath & Cannavo P.C.
$850,000
Reichert v. Winters
5/10
Erie Supreme
Passenger : Good Samaritan hurt in car
crash while assisting injured man
Richard E. Updegrove, Buffalo, NY of Spadafora & Verrastro
$825,000
Sirot v. Troiano
5/19
Queens
Supreme
Passenger : Speeding, disregard of stop
sign blamed for crash
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC
$800,000
Liranzo v. Torres
6/15
Queens
Supreme
Passenger : Car crash caused spinal injuries, plaintiff claimed
Kevin T. Grennan of Law Offices of Kevin T. Grennan, PLLC
$750,000
Phillipps v. New York City Transit Authority
1/27
New York
Supreme
Passenger : Bus's lurch caused fall, passenger alleged
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$600,000
Auerbach v. Clarke
11/16
Kings Supreme
Passenger : Car crash's injury will lead to
knee replacement, plaintiff alleged
Richard R. Mogg, Bronx, NY of Bronx, NY, trial counsel, Frekhtman & Associates, Brooklyn, NY
$575,000
Drew v. Kapuszcak
6/30
Erie Supreme
Passenger : Woman hurt in DWI accident
claimed fracture of neck
Dean P. Smith, Orchard Park, NY of Law Office of Dean P. Smith
$460,002
Grant v. New York City Transit Authority
6/9
New York
Supreme
Passenger : Bus's sudden, violent stop
caused injury, rider claimed
Russell Ragland, New York, NY of David Horowitz, PC
$350,000
Stuart v. Mbaye
2/11
Bronx Supreme
Passenger : Taxi passengers sue for injuries
when taxi slid on snow
Andrew P. Wiese, Whitestone, NY of Sacco & Fillas, LLP
$307,000
Fox v. New York City Transit Authority
5/5
New York
Supreme
Passenger : Bus's violent turn and stop
caused fall, passenger alleged
Lewis Rosenberg, New York, NY of Ginarte, O'Dwyer, Winograd & Larac- $300,000
uente
Batyehudah v. Breland
5/24
Kings Supreme
Passenger : Car struck tree, passenger
claimed driver fell asleep
Lawrence B. Saftler, New York, NY of Saftler Law Firm
$300,000
Tzorzis v. Metropolitan Transportation Authority
Bus Co.
6/30
Queens
Supreme
Passenger : Men hit by bus claimed they
sustained spinal injuries
Gus Constantinidis, Astoria, NY of The Law Office of Gus Constantinidis;
Brian Sachs, Huntington Station, NY of The Sachs Firm P.C.
$299,000
42 Verdicts Search’s Top NY Verdicts of 2010
Motor Vehicle Accident : Passenger Injuries (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Ortiz v. Vault Trust
1/25
Kings Supreme
Passenger : Speeding driver crossed center
line, caused crash, suit alleged
Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.
$250,000
Espensen v. Pacheco
2/5
Bronx Supreme
Passenger : Improper U-turn blamed for
broadside crash
Lennon C. Edwards, New York, NY of Leav & Steinberg, L.L.P.
$250,000
Castillo v. City of New York
12/17
New York
Supreme
Passenger : Bus's passenger claimed
abrupt stop caused fall
Frank B. Kelly, Bronx, NY of Law Offices of William A. Gallina
$245,736
Guillen v. Harran Transportation Co. Inc.
5/13
Kings Supreme
Passenger : Bus struck disabled vehicle on
expressway, passengers hurt
Daniel M. Bauso, Garden City, NY; Mara Pandolfo, New York, NY of Mark
E. Seitelman Law Offices, P.C.
$190,000
Arroyo v. Fox
5/3
Nassau Supreme
Passenger : Boy knocked out of open car,
sustained injury of head
Christopher F. Downes, New York, NY of O'Dwyer & Bernstien, LLP
$175,000
Matrullo v. Oliver
7/21
New York
Supreme
Passenger : Speeding taxi struck by drunk
driver injuring unbelted passenger, all parties found negligent
Richard L. Giampa, Bronx, NY of Richard L. Giampa, P.C.
$157,000
Estate of Singleton v. Avila
11/4
Nassau Supreme
Passenger : Fatal car crash blamed on
drag-racing drivers
Edwin Miller, Smithtown, NY of Campbell & Miller
$150,000
Kunstadt v. Thohan
6/3
Queens
Supreme
Passenger : Car crash blamed on speeding
driver, disregard of stop sign
Robert Alan Saasto, Hicksville, NY, trial counsel to Oliveri & Schwartz,
New York, NY
$125,000
Strong v. Lewin
1/7
Bronx Supreme
Passenger : Motorist's hasty turn caused
crash, plaintiff alleged
Stuart M. Rissoff, Garden City, NY of Law Office of Stuart M. Rissoff
$110,000
Winne v. Dellangelo
2/3
Albany Supreme
Passenger : Head-on car crash blamed on
speeding, driver's loss of control
Steven P. Shultz, Albany, NY of Finkelstein & Partners
$110,000
Wheelock v. Riley
2/4
Herkimer
Supreme
Passenger : Three hurt when driver entered oncoming traffic to avoid hazard
Anthony A. Murad, Utica, NY of Brindisi, Murad, Brindisi, Pearlman, Julian &
Pertz, LLP; Paul M. Longeretta, Utica, NY of Longeretta Law Firm; Mark W.
McLane, Utica, NY of McLane, Smith & Lascurettes
$100,000
Scott v. Gold Class Corp.
5/19
Bronx Supreme
Passenger : Illegal turn, speeding driver
blamed for car crash
Robert P. Baquet, New York, NY of Weiser & Associates
$95,000
Brown v. Vega
1/4
Queens
Supreme
Passenger : Car crash caused permanent
spinal injuries, plaintiff alleged
Matthew T. Gammons, New York, NY of Rosenbaum & Rosenbaum, P.C.
$75,000
Montanye v. Phillips
6/9
Ulster Supreme
Passenger : Car crash led to disfiguring
breast surgery, plaintiff alleged
Steven I. Milligram, Newburgh, NY of Tarshis Catania Liberth Mahon &
Milligram, PLLC
$75,000
Henry v. Cruz
12/22
Dutchess
Supreme
Passenger : Speeding motorist lost control,
struck pole, plaintiff alleged
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.
$75,000
Anne H. v. Clarence B.
3/3
Orange
Supreme
Passenger : Head-on car crash blamed on
driver's loss of consciousness
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.
$53,000
Veldorale v. Estate of Caggiano
3/29
Kings Supreme
Passenger : Motorist ignored stop sign,
caused crash, plaintiff alleged
Robert Rosenberg, Bronx, NY of Koenigsberg & Associates P.C.
$50,000
Patel v. Khan
3/4
Bronx Supreme
Passenger : Vehicles collided at highway's
merge point
Matthew Schroeder, New York, NY of Alvin M. Bernstone, LLP
$25,000
Cummings v. Tasher
10/20
Kings Supreme
Passenger : Car crash's parties disputed
status of lights
Barry Woolfson, New York, NY of New York, NY, trial counsel, Mark D.
Rolnik Esq., New York, NY
$25,000
Malave v. Castro
2/24
Kings Supreme
Passenger : Car crash's parties disputed
who struck whom
Jeffrey S. Pomerantz, New York, NY of of counsel, Dinerman, Bergam and
Dinerman
$20,000
Wallace v. Harper
5/27
Dutchess Supreme
Passenger : Rig driver's turn blamed for
collision in intersection
Michael A. Cote, Poughkeepsie, NY of Spiegel, Brown, Fichera & Cote,
LLP
$1,250
Verdicts Search’s Top NY Verdicts of 2010 43
Motor Vehicle Accident : Rear-end collision
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Sanclemente v. J Youngs Paving
3/2
Bronx Supreme
Rear-end collision : Truck tossed out of
collision, landed on plaintiff's car
Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP
$7,300,000
Estate of Morris v. Viscuso
11/1
Queens
Supreme
Rear-end collision : Mother of two died
five years after multi-vehicle crash
Dallin M. Fuchs and Brian S. Schwartz, New York, NY of Queller, Fisher,
Washor, Fuchs & Kool
$4,000,000
Scarth v. Freyherr
2/23
Suffolk Supreme
Rear-end collision : Motorcyclist struck and Kevin M. Fox, Hauppauge, NY of Kevin M. Fox, PLLC
dragged by truck
$3,500,000
Kolb v. MTA Bus Co.
5/13
Queens
Supreme
Rear-end collision : Car crash led to two
spinal fusions, plaintiff alleged
Steven Gershowitz, Andrew J. Levine and Howard A. Raphaelson, New
York, NY of Raphaelson & Levine Law Firm P.C.
$1,750,000
Geevargese v. Shmerler
10/6
Westchester
Supreme
Rear-end collision : Car crash led to spinal
fusion, vision problems, plaintiff claimed
Raymond J. Keegan & Barry R. Strutt, White Plains, NY of Keegan, Keegan,
Keegan & Strutt
$1,600,000
Lara-Buitrago v. Henry & Loretta Vigliante
Realty Inc
1/25
Nassau Supreme
Rear-end collision : Multi-car crash blamed
on driver's failure to heed sign
David E. Waterbury, New York, NY of trial counsel, Law Offices of Byron
Lassin Woodside
$1,525,000
Smith v. City of Yonkers
4/19
Westchester
Supreme
Rear-end collision : Car crash led to spinal
fusion, plaintiff alleged
Ronald C. Burke, New York, NY of Kelner & Kelner
$1,400,000
Bryce v. Valentino
5/2
Queens
Supreme
Rear-end collision : Speeding driver's lane
change led to crash, plaintiff claimed
Walter F. Benson, Garden City, NY of The Lynn Law Firm, Syracuse, NY, of
counsel, Alan J. Stern, P.C.
$1,100,000
Heiseler v. Con-Way Transportation, Services
2/24
Queens
Supreme
Rear-end collision : Car crash caused spine, Mark R. Bernstein, Mineola, NY of Sanders, Sanders, Block, Woycik, Viener
shoulder injuries, plaintiff alleged
& Grossman, P.C.
$1,000,000
Coley v. DRC Group Inc.
2/9
Bronx Supreme
Rear-end collision : Three-part crash
caused knee, spinal injuries, plaintiff alleged
Stephen H. Frankel, Mineola, NY of the Law Office of Stephen H. Frankel
$950,000
Jimenez v. Khattak
9/13
Bronx Supreme
Rear-end collision : Parties disputed
sequence of multi-vehicle crash
Michael J. Wells, New York, NY of Sullivan Papain Block McGrath & Cannavo P.C.
$850,000
Reyes v. Bugg
4/27
U.S. District
Court, Southern
District
Rear-end collision : Car crash led to fusion
of neck, plaintiff alleged
Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &
Murphy, LLP
$800,000
Nortman v. Hanover Insurance Co.
2/3
American
Arbitration Association
Rear-end collision : Three-car crash caused
knee, spinal injuries, claimant alleged
Laurence C. Tarowsky, New York, NY
$775,000
Tanney v. Terwilliger
5/5
Herkimer
Supreme
Rear-end collision : Car crash caused brain, Anthony J. Brindisi, Utica, NY of Brindisi, Murad & Brindisi Pearlman L.L.P.
rib, spine injuries, plaintiff alleged
$750,000
Russo v. Rao
8/16
Westchester
Supreme
Rear-end collision : Car crash caused
injuries of knee, spine, plaintiff alleged
Joel A. Hirshfield, White Plains, NY of Hirshfield & Costanzo, PC, White
Plains, NY, trial counsel, Nader J. Sayegh, Yonkers, NY
$725,000
Rodriguez v. Salem Truck Leasing
12/21
Bronx Supreme
Rear-end collision : Suit's parties debated
car crash's tie to plaintiff's herniated disc
Henry W. Davoli, Rockville Centre, NY of Law Offices of Henry W.
Davoli, Jr., PLLC
$700,000
DeCarlo v. Myers
2/22
Kings Supreme
Rear-end collision : Car crash caused neck
injuries, aggravated hip, plaintiff claimed
Alena E. Bespechny, Brooklyn, NY of Law Office of Alexander Bespechny
& Norman R. Gershon, New York, NY, trial counsel
$475,000
DeLeon v. Keystone Freight Corp.
12/20
Bronx Supreme
Rear-end collision : Crash led to posttraumatic stress disorder, trucker claimed
Andrew L. Weitz, New York, NY of Andrew L. Weitz & Associates, PC
$474,000
Saunders v. Robles
2/11
Bronx Supreme
Rear-end collision : Car crash caused knee,
spine injuries, plaintiffs claimed
Avi D. Caspi, Brooklyn, NY of Law Offices of Avi D. Caspi, PLLC
$412,000
Lufker v. Jeheber
7/2
Suffolk Supreme
Rear-end collision : Motorcyclist hit by car
fractured heel, shoulder
Rand P. Schwartz, Massapequa Park, NY of Rand P. Schwartz, Esq.
$405,000
Marrero v. Berni
10/1
Bronx Supreme
Rear-end collision : Multi-vehicle crash
caused knee, spine injuries, plaintiff alleged
Michael Arce, Bronx, NY of The Arce Law Office
$355,000
Defina v. Urquart
11/3
Nassau Supreme
Rear-end collision : Car crash's injury may
lead to fusion of neck, plaintiff claimed
Joel Levine, Mineola, NY of Levine & Wiss
$315,000
Vriniotis v. Betzinger
3/16
Rensselaer
Supreme
Rear-end collision : Car crash caused spinal
injuries, plaintiff claimed
Eugene R. Spada, Albany, NY of Spada Law Firm
$245,000
Kennedy v. Vault Leasing
4/17
Richmond
Supreme
Rear-end collision : Trucker hurt in crash
alleged injuries of knee, neck, shoulder
Jordan D. Hecht and Joel Rubenstein, New York, NY of Hecht Kleeger
Pintel & Damashek
$206,245
Vallario v. Hussein
4/27
Richmond
Supreme
Rear-end collision : DWI not cause of car
crash, plaintiff alleged
Jason Krakower, New York, NY of Raphaelson & Levine Law Firm, P.C.
$170,000
Sicherman v. Lindboe
5/28
Onondaga
Supreme
Rear-end collision : Car crash led to
removal of spinal disc, plaintiff alleged
Jeff D. DeFrancisco, Syracuse, NY of DeFrancisco Law Firm
$165,000
Jimenez v. G and B Car-Limo Corp
3/26
Bronx Supreme
Rear-end collision : Plaintiff's car was
struck while she yielded to pedestrian
Michael Huguenot, Bronx, NY of Vozza & Huguenot
$150,000
Caesar v. Ponzi
10/21
Richmond
Supreme
Rear-end collision : Woman tore shoulder
in car accident, bears scars
Stuart M. Rissoff, Garden City, NY
$150,000
Augustin v. Moswick
9/21
Bronx Supreme
Rear-end collision : Car crash caused tears
of knee, plaintiff claimed
Norman R. Gershon, New York, NY, trial counsel, Alexander Bespechny,
Bronx, NY
$115,000
Dorrego v. Wheatley Kosher Restaurant Corp.
3/26
Queens
Supreme
Rear-end collision : Car crash caused neck,
shoulder injuries, plaintiff alleged
Lennon C. Edwards, New York, NY of Leav & Steinberg, L.L.P.
$100,000
44 Verdicts Search’s Top NY Verdicts of 2010
Motor Vehicle Accident : Rear-end collision (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Middlebrooks v. Jurkowski
5/4
Ulster Supreme
Rear-end collision : Car crash led to fusion
of neck, plaintiff alleged
Michael H. Forrester, New Windsor, NY of Silver, Forrester & Schisano
$90,000
Orbacz v. Hickman
5/17
Ulster Supreme
Rear-end collision : Crash due to motorist
following too closely, plaintiff alleged
Jeff Brody, Kingston, NY of Jeff Brody Injury Law
$90,000
Doyle v. Crisci
6/11
Ulster Supreme
Rear-end collision : Car crash caused
disabling spinal injury, plaintiff alleged
Jeff Brody, Kingston, NY of Jeff Brody Injury Law
$85,000
Aquilina v. Powell
6/9
Niagara Supreme
Rear-end collision : Car crash caused neck,
wrist injuries, plaintiff alleged
Anthony J. Zitnik, Buffalo, NY of Law Offices of J. Michael Hayes
$78,000
Lopez v. Santagelo
6/22
Bronx Supreme
Rear-end collision : Drivers disputed
sequence of multiple-collision accident
Neil R. Kafko, Bronx, NY of Kafko & Schitzer, LLP
$75,000
McLeary v. Cannon
4/25
Bronx Supreme
Rear-end collision : Car crash's parties
debated who struck whom
Hiram Anthony Raldiris, New York, NY of Eric Green & Associates
$50,000
Espinal v. Bianco
1/15
Westchester
Supreme
Rear-end collision : Parties debated
whether plaintiff was in car that was
struck
Joseph L. Ehrlich, New York, NY of Antin Ehrlich & Epstein, P.C.
$40,000
Edwards v. Williams
5/21
Erie Supreme
Rear-end collision : Plaintiff's vehicle struck
while yielding to fire truck
Michael J. Cooper, Buffalo, NY of Cellino & Barnes, P.C.
$25,000
Pantin-Pasciucco v. Mendoza
6/24
Bronx Supreme
Rear-end collision : Car crash caused spine, Nancy Y. Morgan, Newburgh, NY of Finkelstein & Partners, L.L.P.
knee injuries, plaintiff alleged
$25,000
Fauche v. Dallis
12/15
Queens Civil
Rear-end collision : Car crash caused
injuries of spine, plaintiff claimed
David Pomerantz, New York, NY of New York, NY, trial counsel, Paul
Vesnaver, Baldwin, NY
$20,000
Krimkevitch v. Imperiale
6/9
Kings Supreme
Rear-end collision : Car crash caused neck,
knee injuries, plaintiff alleged
Everett J. Petersson, Brooklyn, NY of Everett J. Petersson P.C.
$10,000
Negligence
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Saladino v. Stewart & Stevenson Services Inc.
7/26
U.S. District
Court, Eastern
District
Failure to Warn : Worker claimed tractor's
dangers weren't disclosed
Jonathan I. Edelstein, New York, NY of Law Office of Jonathan I. Edelstein,
New York, NY & Nadia M. Chionchio, Kevin B. McAndrew, and William J.
Poisson, Woodbury, NY of McAndrew Conboy & Prisco
$40,190,417
Hunt v. City of New York
9/23
Queens Supreme
Negligent Training : Teen paralyzed during
football practice, claimed poor training
Barry Greenberg, Farmingdale, NY of Barry E. Greenberg, P.C.
$8,000,000
Ocampo v. Abetta Boiler & Welding Service Inc.
5/19
New York
Supreme
Negligent Repair : One killed, others hurt
when cabbage processor broke
Jamie Wolf, New York, NY of Lipsig, Shapey, Manus & Moverman; Evan M.
Goldberg, New York, NY of Trolman, Glaser & Lichtman, P.C.
$7,477,840
San Filippo v. MTA
12/14
New York
Supreme
Breach of Duty of Care : Judge: Subway
clerk had no duty to help police
Brian J. O'Connor, New York, NY of O'Connor Law Firm & Matthew
Zuntag, Staten Island, NY of Zuntag & Zuntag
$6,662,870
Gilio v. H & R, the English Landscape Gardeners Ltd.
7/16
Suffolk Supreme
Negligent Maintenance : Snow-removal co. Michael Paglino, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
failed to clear parking lot, plaintiff alleged
$6,000,000
Dozier v. Riverbend Housing Co. Inc.
7/7
Bronx Supreme
Negligent Maintenance : Plaintiff scalded
when apartment's radiator burst
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg
$5,100,000
Oleksy v. Korth
3/31
Erie Supreme
Negligent Supervision : Student hurt in
rock collapse on paleontological expedition
Peter M. Kooshoian and Joseph P. Muenkel, Buffalo, NY of Rosenthal,
Siegel & Muenkel LLP
$4,400,000
Estate of Navarro v. New York City Transit
Authority
7/30
Queens Supreme
Negligent Supervision : Overcrowding
blamed for subway patron's fatal fall
Gary Novin and Richard M. Winograd, New York, NY of Ginarte,
O'Dwyer, Gonzalez, Gallardo & Winograd, LLP
$2,700,000
Artis v. City of N.Y.
3/31
Bronx Supreme
Negligent Maintenance : Sidewalk hazard
merely covered by plywood, plaintiff
alleged
Jeffrey L. Lessoff, Great Neck, NY of trial counsel, The Yankowitz Law Firm
$2,400,000
Booth v. Neiman-Marcus Group Inc.
3/11
New York
Supreme
Negligent Maintenance : Workers failed to
properly address leaks, plaintiff alleged
Brian McCaffrey, New York, NY of Leffler Macus & McCaffrey LLC
$2,100,000
Mianulli v. Dunrite Manufacturing Corp.
8/13
Nassau Supreme
Negligent Repair : Teen broke neck diving
into pool, claimed no warnings
Gregory S. Gennarelli, New York, NY of Salenger, Sack, Kimmel & Bavaro,
LLP
$1,960,000
Mohabir v. 673 First Avenue Associates. L.P.
5/17
New York
Supreme
Negligent Maintenance : Flood damage led
to fall out of elevator, plaintiff alleged
Paul J. Edelstein, New York, NY of The Edelsteins, Faegenburg & Brown
LLP, trial counsel to Sol Zepnick, PC
$1,725,000
Danon v. Jacobi Medical Center
2/3
Bronx Supreme
Negligent Supervision : Unmonitored
therapy ended in broken neck, patient
claimed
S. Joseph Donahue, New York, NY of Block O'Toole & Murphy LLP
$1,490,000
Estate of Heisler v. National Plumbing & Heating Corp.
9/8
Kings Supreme
Negligent Repair : Plumber ignored signs
of fatal fire, estate alleged
Bruce Baron, Brooklyn, NY of Baron Associates
$1,000,000
Lesane v. City of New York
3/3
New York
Supreme
Negligent Security : School's staff ignored
signs of fatal fight, parents alleged
Daniel T. Leav, New York, NY of Leav & Steinberg, L.L.P.
$900,000
Holmes v. Tilden Management Corp.
7/6
Bronx Supreme
Negligent Repair : Teen's fall on sidewalk
blamed on inadequate lighting
Daniel T. Leav, New York, NY of Leav & Steinberg
$836,000
Verdicts Search’s Top NY Verdicts of 2010 45
Negligence (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Engel v. Mesifta Tiferes Tzvi Dspinka
4/23
Kings Supreme
Negligent Maintenance : Unstable Torah
Ark falls on 11-year old's leg
Marc E. Freund, and Thomas J. Moverman, New York, NY of Lipsig,
Shapey, Manus & Moverman, P.C.
$750,000
Senese v. MJB Ale House Inc.
9/15
Suffolk Supreme
Negligent Service of Alcohol : Café's patron hurt while trying to subdue drunken
man
Joseph G. Dell, Bohemia, NY of Dell, Little, Trovato & Vecere, L.L.P.
$600,000
Lennon v. Metro North Commuter Railroad
Co.
12/9
New York
Supreme
Negligent Training : Office worker claimed
lack of training for on-train task
William Greenberg, New York, NY of Greenberg & Massarelli, LLP
$500,000
Newkirk v. 1200 Fifth Associates LLC
11/29
New York
Supreme
Negligent Assembly or Installation :
Woman tumbled when window popped
out of frame
Robert M. Ginsberg, New York, NY of Ginsberg & Wolf, P.C.
$395,000
Mann v. Hancock Place Apartment Housing
Development Fund Corp.
7/27
Bronx Supreme
Negligent Maintenance : Construction
workers didn't clear icy sidewalk, suit
alleged
Adam Cahn and Matthew Sakkas, New York, NY of Sakkas, Cahn & Weiss, $350,000
LLP
Lewis v. Plaza Housing Development Fund Co.
Inc.
8/9
Kings Supreme
Negligent Assembly or Installation : Unaddressed leak led to ceiling's collapse, suit
alleged
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$325,000
Imperiale v. Bi-County Scale & Equipment Co.
LLC
11/26
Suffolk Supreme
Negligent Maintenance : Supermarket's
butcher hurt when meat grinder collapsed
Kenneth R. Shapiro, Carle Place, NY of Philip J. Rizzuto, P.C.
$325,000
Penny v. City of New York
7/27
New York
Supreme
Negligent Maintenance : Island's maintainers ignored pothole, bicyclist alleged
Adam Cahn and Matthew Sakkas, New York, NY of Sakkas, Cahn & Weiss, $287,500
LLP
O'Keefe v. Supermarkets International
4/21
Queens
Supreme
Negligent Hiring : Plaintiff: Supermarket
dustup should have led to firing
Douglas R. Dollinger, Goshen, NY of Douglas R. Dollinger & Associates
$275,000
Kelly v. City of New York
5/24
Queens Civil
Negligent Maintenance : Steel fell off of
train trestle, caused damage of vehicle
below
Matthew Gaisi, New York, NY of Harris/Law
$275,000
Villaronga v. Consolidated Edison Co. of New
York Inc.
10/25
Bronx Supreme
Negligent Maintenance : Sunken sidewalk
grate a tripping hazard, plaintiff alleged
Christopher J. Donadio, New York, NY of Burns & Harris
$275,000
Reyes v. City of New York
6/4
Bronx Supreme
Negligent Maintenance : Plaintiff: City,
agency ignored tree's disruption of
sidewalk
Frank V. Kelly, Bronx, NY of William A. Gallina
$250,000
Siberon v. City of NY
3/18
Kings Supreme
Negligent Maintenance : City ignored
broken curb, plaintiff alleged
Christopher P. Di Giulio, New York, NY of Law Offices of Christopher P.
Di Giulio PC
$200,000
Saad v. City of New York
6/30
Queens
Supreme
Negligent Repair : Utility ignored dangerous area of road, plaintiff alleged
Richard E. Noll, Mineola, NY of Bloom & Noll, LLP
$200,000
Ciganek v. Town of Clarkstown
1/13
Rockland
Supreme
Negligent Supervision : Kids bumped
heads in park, attendant deemed inattentive
Jeffrey E. Phillips, New York, NY of Phillips, Krantz & Associates, LLP
$140,000
Cheng v. Unity Ambulette Corp.
3/10
Albany Supreme
Ambulance/Emergency Medical Services :
Ambulette's passenger hurt when wheelchair slid
Donte O. Mills, New York, NY of Sullivan Papain Block McGrath & Cannavo P.C.
$130,000
Reese v. Kings Park Wood Flooring Plus Inc.
1/29
Nassau Supreme
Negligent Assembly or Installation : Wood
flooring cracked after installation, couple
alleged
Keith Sullivan, Middle Village, NY
$125,000
Anderson v. CD Fleetwood Associates LLC
3/3
Westchester
Supreme
Negligent Maintenance : City ignored
damaged sidewalk, plaintiff alleged
W. Bradford Bernadt, Howard Beach, NY of Scott Baron & Associates P.C. $70,000
Yantz v. McQuade Children's Services
5/17
Orange
Supreme
Negligent Security : Teen smuggled contraband into school, alleged poor security
Nancy Y. Morgan, Newburgh, NY of Finkelstein & Partners, LLP
$70,000
Caserta v. Leprechaun Lines Inc.
10/25
Orange
Supreme
Negligent Maintenance : Bus's passenger
claimed she tripped on loose molding
Justin S. Blash, New City, NY of New York, NY, trial counsel, Neimark &
Neimark
$52,500
Abreu v. City of New York
4/13
New York
Supreme
Negligent Maintenance : City ignored
notice of pothole, plaintiff alleged
Robert Alan Saasto, Hicksville, NY of Robert Alan Saasto, Attorney at
Law
$35,000
Nursing Homes
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Tannen v. Hebrew Home for the Aged at
Riverdale
6/11
Bronx Supreme
Negligent Supervision : Long-term-care
facility's resident fell 18 times, suit alleged
David Grossman and Dennis J. Kelly, Hauppauge, NY of Kelly, Grossman
& Flanagan, LLP, Hauppauge, NY, trial counsel to Ruth E. Bernstein, New
York, NY of The Ruth E. Bernstein Law Firm
$500,000
Estate of Lester v. Highland Care Center Inc.
8/26
Queens
Supreme
Abuse or Neglect : Nursing home, hospital, ignored patient's bedsore, suit alleged
John Dalli, Mineola, NY of Dalli & Marino, LLP
$305,000
O'Dea v. Terrence Cardinal Cooke Health Care
Center
6/29
New York
Supreme
Slips, Trips & Falls : Nursing home didn't
respond to man's multiple falls, suit alleged
Ari Jacobson, New York, NY of Scott A. Wolinetz P.C.
$275,000
Estate of D'Aust v. Champlain Vally Physicians
Hospital Medical Center
3/17
Clinton Supreme
Restraints : Nursing facility's patient suffocated in bed mishap
William L. Nikas, Hudson Falls, NY
$190,000
Estate of Ivey v. Jewish Home & Hospital for
Aged
2/23
Bronx Supreme
Abuse or Neglect : Nursing home's staff
ignored resident's sores, suit alleged
Jason C. Molesso, Mineola, NY of The Sanders Firm
$150,000
46 Verdicts Search’s Top NY Verdicts of 2010
Premises Liability
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Meade v. OTA Hotel Owner, LP
11/5
New York
Supreme
Elevator Accident : Improper evacuation
of guest from disabled Hotel elevator
Nicolas Bagley and Jeff S. Korek, New York, NY of Gersowitz, Libo &
Korek, P.C.
$8,500,000
Burns v. Taylor Ave. Properties LLC
3/15
Bronx Supreme
Negligent Repair and/or Maintenance :
Michael Maiolica, Great Neck, NY of Law Offices of Steven Wildstein, P.C.
Unaddressed leak caused ceiling's collapse,
tenant alleged
$3,500,000
Alla v. Korea International Trade Association Inc.
9/16
New York
Supreme
Negligent Repair and/or Maintenance :
Man hit by air conditioner's cover, claimed
cognitive deficits
Duane R. Morgan, New York, NY of Dervishi, Levine & Morgan, P.C.
$2,900,000
Leto v. Amrex Chemical Co. Inc.
2/9
Broome Supreme
Negligent Repair and/or Maintenance :
Worker claimed chemical spill damaged
lungs
Stephen G. Schwarz, Rochester, NY of Faraci & Lange, LLP
$2,511,150
Rohan v. Great Atlantic & Pacific Tea Co. Inc.
4/15
Westchester
Supreme
Dangerous Condition : Supermarket's
shopper hit by falling carton, alleged brain
injury
H.Q. Nguyen, New York, NY; Michael B. Ronemus, New York, NY of
Ronemus & Vilensky
$2,500,000
Ragunanan v. Pers Realty LLC
4/7
Kings Supreme
Negligent Repair and/or Maintenance :
Stairway's defective handrail ignored for
six months, suit alleged
Marc E. Freund, and Thomas J. Moverman, New York, NY of Lipsig, Shapey,
Manus & Moverman, P.C.
$2,300,000
Demina v. Sea Park North Housing Development Fund Corp
10/19
Kings Supreme
Negligent Repair and/or Maintenance
: Burst pipe left apartment tenant with
widespread burns
Jonathan S. Damashek, New York, NY of Hecht, Kleeger, Pintel &
Damashek
$2,175,000
Buckley v. Charles K. Goldner, LLC
5/7
New York
Supreme
Negligent Repair and/or Maintenance :
Plaintiff fell into elevator's shaft, blamed
lack of maintenance
Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP
$1,900,000
Lizden Industries Inc. v. Franco Belli Plumbing
and Heating and Sons Inc.
6/7
New York
Supreme
Negligent Repair and/or Maintenance :
Clothes designer claimed flood caused
five-year profit dip
Robert Balsam and Daniel M. Felber, New York, NY of Balsam Felber &
Goldfield
$1,711,976
Carrero v. PMD Properties LLC
10/27
Bronx Supreme
Negligent Repair and/or Maintenance :
Residence's parking lot not well maintained, plaintiff alleged
Gary Mitchel Gash, Esq., White Plains, NY of Gash & Associates, P.C.
$1,649,000
Brooks v. 510-482 Riverdale LLC.
12/8
Kings Supreme
Negligent Repair and/or Maintenance :
Building's owners neglected cracked ramp,
plaintiff alleged
Marc E. Freund & Thomas J. Moverman, New York, NY of Lipsig, Shapey,
Manus & Moverman, P.C.
$1,600,000
Hinton v. City of New York
4/9
Bronx Supreme
Dangerous Condition : Plaintiff fell off of
loading dock, claimed railing was necessary
Jeffrey A. Guzman, New York, NY of Krentsel & Guzman
$1,593,000
Craigwell v. Stevenson Commons Associates
7/26
Bronx Supreme
Negligent Repair and/or Maintenance :
Landlord ignored apartment's damaged
floor, tenant alleged
Stuart L. Finz and Todd M. Rubin, Mineola, NY of Finz & Finz P.C.
$1,500,000
Simon v. New Morgan Cafe Inc
5/6
Queens Supreme
Negligent Repair and/or Maintenance :
Restaurant's patron claimed no warning of
slippery floor
Michael A. Barnett, New York, NY of trial counsel, Greenstein & Milbauer,
LLP
$1,350,000
Cascio v. Stop & Shop Supermarket Holding
Co. Inc.
4/22
Kings Supreme
Negligent Repair and/or Maintenance :
Supermarket's staff ignored recurrent leak,
shopper alleged
Mariangela Chiaravalloti, New York, NY of Friedman, Friedman, Chiaravalloti & Giannini
$1,328,000
Jouan v. City of New York
8/2
Queens Supreme
Negligent Repair and/or Maintenance :
Plaintiff claimed church ignored hazardous
condition of sidewalk
Christian Siragusa, Jericho, NY of Schwartzapfel Truhowsky Marcus P.C.
$1,200,000
Tomaino v. 209 East 84 Street Corp.
4/6
New York
Supreme
Negligent Repair and/or Maintenance :
Building's owner ignored worn, deteriorated step, guest alleged
Gary Slobin, New York, NY of Alpert & Kaufman, LLP
$1,000,000
Tyler v. New York City Dept. of Ed
4/23
Bronx Supreme
School : Gym's light fixture too close to
basketball court, suit alleged
Albert W. Cornachio, III, Rye Brook, NY of Law Offices of Albert W.
Cornachio, P.C.
$1,000,000
Gonzalez v. Parkchester South Condominium
1/22
Bronx Supreme
Inadequate or Negligent Security : Condo
failed to respond to serial rapist, suit
alleged
Pablo A. Sosa, Bronx, NY of Law Office of William A. Gallina
$975,000
Camejo v. Theriot Realty Corp.
3/16
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's owner ignored worn stairway,
tenant alleged
Howard I. Trepp, Bronx, NY of Hoberman & Trepp, PC, Bronx, NY, trial
counsel, Matthew Marchese, Bronx, NY
$965,000
Kato v. 625 Ownership, LLC
1/15
Kings Supreme
Negligent Repair and/or Maintenance :
Woman struck by debris that fell from
building's exterior
Eric E. Rothstein, New York, NY of of counsel, Tomkiel & Tomkiel
$900,000
Tuttle v. North Star Sportsman's Club Inc
9/22
Monroe Supreme
Negligent Repair and/or Maintenance :
Sports club let snowy conditions linger,
member alleged
Gary J. Gianforti, Rochester, NY of Culley, Marks, Tanenbaum & Pezzulo
$887,349
Beiman v. Wildlife Conservation Society
9/17
New York
Supreme
Negligent Repair and/or Maintenance :
Zoo's visitor claimed tree well not properly shielded
Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC
$870,000
Avila v. Shafer Hall L.P.
4/29
Bronx Supreme
Failure to Warn : Plaintiff fell on freshly
waxed floor, claimed no warnings
William Peterman, Bronx, NY of Corpina, Piergrossi, Klar & Peterman, LLP
$850,000
Verdicts Search’s Top NY Verdicts of 2010 47
Premises Liability (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Velez v. 647 Willoughby Av. LLC.
4/12
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's entry stairs uneven, hazardous,
plaintiff alleged
Liba N. Groveman, Mineola, NY of Sanders, Sanders, Block, Woycik, Viener
& Grossman, P.C.
$850,000
Toribio v. City of New York
5/24
New York
Supreme
Negligent Repair and/or Maintenance :
Subway station's rotted stairway a hazard,
plaintiff alleged
Jay K. Margolis, New York, NY of trial counsel, Lefkowicz & Gottfried, LLP
$800,800
Santiago v. Langsam Property Services Corp
5/11
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's managers ignored sharp shower
tiles, suit alleged
Jay S. Knispel, New York, NY of Law Office of Jay S. Knispel, LLC
$800,000
Holland v. 961 Eastern Realty Corp.
12/10
Kings Supreme
Negligent Repair and/or Maintenance :
Kids suffered adverse reactions to apartment's mold, suit alleged
Thomas P. O'Malley, New York, NY of Oshman & Mirisola
$800,000
Person v. Keybar, GHD Inc.
6/16
New York
Supreme
Dangerous Condition : Cluttered, dark
pub a hazard, patron alleged
Charles J. Gayner, New York, NY of Maloof, Lebowitz, Connahan &
Oleske, PC
$782,500
Rivera v. Ekblom
10/15
Kings Civil
Failure to Warn : Deliveryman claimed no
warning of building's wet stairs
Jonathan O. Michaels, Bronx, NY of Pena & Kahn, PLLC
$750,000
Gosline v. Morse
3/24
Suffolk Supreme
Negligent Repair and/or Maintenance
: Home's century-old staircase broke,
dumped repairman
Glenn Auletta, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
$750,000
Guilbe v. Fulton
6/4
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's porter didn't warn of wet stairs,
tenant alleged
Joshua Goldblatt, Bronx, NY of Jacob Oresky & Associates, PLLC
$750,000
Kovacs v. Inn on Main
7/1
Nassau Supreme
Negligent Repair and/or Maintenance :
Restaurant's patron claimed door fell off
hinges, struck her
Michael Paglino, Ronkonkoma, NY of Gruenberg & Kelly, P.C.
$750,000
Casado v. Macy's Inc.
11/17
Bronx Supreme
Negligent Repair and/or Maintenance :
Stairway's frayed rubber edge a hazard,
store's patron alleged
Andrew M. Laskin and Joel H. Robinson, New York, NY of Robinson &
Yablon PC
$750,000
Hatchett v. Cablevision
4/6
Bronx Supreme
Negligent Repair and/or Maintenance :
Arena's sidewalk badly patched, plaintiff
alleged
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC
$725,000
Perczyk v. Rose Castle Corp.
6/16
Kings Supreme
Negligent Repair and/or Maintenance :
Catering hall's patron broke hip in fall on
greasy floor
Bradley S. Hames, New York, NY of Law Office of Allen L. Rothenberg
$655,500
Colon v. Rivera
5/18
Nassau Supreme
Negligent Repair and/or Maintenance :
Landlord didn't clear icy stairway, tenant
alleged
Deanne M. Caputo, Mineola, NY of Sullivan Papain Block McGrath &
Cannavo, P.C.
$650,000
Blankinship v. Royal Video Exchange Inc
11/5
Kings Supreme
Negligent Repair and/or Maintenance :
Video store's customer claimed she
tripped on torn carpet
Scott J. Zlotolow, Sayville, NY of Law Offices of Scott J. Zlotolow
$650,000
O'Mack v. Fordham Emerald Associates LLC.
2/9
Bronx Supreme
Negligent Repair and/or Maintenance :
Fireman claimed building's clutter led to
injury
Christopher P. Spina, New York, NY of Sullivan Papain Block McGrath &
Cannavo P.C.
$600,000
Danso v. Miles
1/25
Bronx Supreme
Negligent Repair and/or Maintenance :
Unaddressed leak caused fall on stairway,
plaintiff claimed
Michael J. Asta, New York, NY of Asta & Associates, P.C.
$500,000
Tejada v. Creston Holding Co., LLC.
1/13
Bronx Supreme
Window Accidents : Poorly installed air
conditioner blamed for tot's fall from
window
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC
$475,000
Pope v. 818 Jeffco Corp.
10/7
Kings Supreme
Toxic Torts - Carbon Monoxide : Carbon
monoxide leak blamed on building's tenant, landlord
Michael P. Eisenman, New York, NY of Miller & Eisenman
$471,950
Cohen v. Metropolitan Transit Authority
2/23
New York
Supreme
Negligent Repair and/or Maintenance
: Railroad didn't fix dangerous station
platform, suit alleged
Leonard B. Chipkin, Garden City, NY of Sackstein, Sackstein & Lee
$450,000
Markewich v. Lomonaco
5/3
New York
Supreme
Negligent Repair and/or Maintenance :
Plaintiff's fall, fracture, due to tree's damage of sidewalk
Andrew J. Levine, New York, NY of Raphaelson & Levine Law Firm, P.C.
$450,000
Barry v. Long Island Railroad
4/2
New York
Supreme
Negligent Repair and/or Maintenance :
Train station's escalator needed mat on
rainy day, plaintiff claimed
Nicholas E. Warywoda, New York, NY of Douglas & London, P.C.
$450,000
Walker v. Conway Stores Inc.
5/17
Kings Supreme
Negligent Repair and/or Maintenance :
Store's patron claimed tape was used to
cover dangerous gap
Adam H. Rossol, New York, NY of Robinson & Yablon, P.C.
$425,000
Stellman v. NYC Transit Authority
5/10
New York
Supreme
Negligent Repair and/or Maintenance
: Plaintiff claimed snow-covered stairs
caused fall
Thomas K. Miller, New York, NY of Miller & Campson
$425,000
48 Verdicts Search’s Top NY Verdicts of 2010
Premises Liability (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Sylvan v. N.Y.C.T.A.
6/8
Bronx Supreme
Negligent Repair and/or Maintenance :
Subway station's patron claimed snowy
stairs weren't cleared
Mitchel H. Ashley, New York, NY of The Ashley Law Firm, trial counsel,
Stillman & Stillman
$424,000
Hynes v. New York City Transit Authority
8/6
New York
Supreme
Dangerous Condition of Public Property
: Subway station's patron fell on stairs,
blamed poorly placed sign
Jordan W. Tucker, Brooklyn, NY of Reingold & Tucker
$400,000
Scheuer v. Hoeh
3/16
Erie Supreme
Elevator Accidents : Worker fell through
elevator's trapdoor, claimed poor maintenance
Christopher M. Pannozzo, Hamburg, NY of Shaw & Shaw P.C.
$400,000
Potocnik v. Tracy Tenants Corp.
12/14
New York
Supreme
Failure to Warn : Rolled-up rain mat a haz- Bryan J. Swerling, New York, NY
ard, building's tenant claimed
$400,000
Mamakas v. NYCTA
7/2
Kings Supreme
Negligent Repair and/or Maintenance :
Subway station's patron alleged tripping
hazard wasn't addressed
Glenn K. Faegenburg, New York, NY of The Edelsteins, Faegenburg &
Brown, New York, NY, trial counse to Sol Zepnick, P.C.
$400,000
Hussein v. Ovili
11/24
Richmond
Supreme
Negligent Repair and/or Maintenance :
Toddlers poisoned by home's lead-based
paint, mother alleged
Helen M. Rosenblatt, Staten Island, NY of Chelli & Bush
$400,000
Ahmed v. City of New York
3/2
New York
Supreme
Negligent Repair and/or Maintenance :
Elevator's sudden drop caused injuries,
plaintiff alleged
Steven L. Kaplan, Melville, NY of Kaplan & Kaplan P.C.
$365,000
Negron v. 1400 Holding Corp
5/17
Kings Supreme
Negligent Repair and/or Maintenance :
Plaintiff claimed restaurant's staff ignored
cracked sidewalk
Richard R. Mogg, Bronx, NY of trial counsel, Frekhtman & Associates
$325,000
Guisao v. P & P Realty, LLC
1/15
Queens Supreme
Negligent Repair and/or Maintenance
: Building's managers ignored broken
stairway, tenant alleged
Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman
$325,000
Wiggins v. Chon Property Corp.
12/9
Queens Supreme
Negligent Repair and/or Maintenance :
Spa's patron claimed sauna doorway was
dangerous
Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,
P.C.
$312,500
Zannikos v. City of New York
6/1
Queens Supreme
Slip and Fall : Jury finds plaintiff liable for
her own fall on pothole in work area
involving several entities
Thomas S. LoBue, New York, NY of Ateshoglou & Aiello
$300,000
Palabasan v. New York City Transit Authority
2/23
Queens Supreme
Negligent Repair and/or Maintenance :
Subway station's snow-covered stairs a
hazard, plaintiff alleged
Peter S. Thomas, Forest Hills, NY, trial counsel to The Law Office of Stephen R. Chesley LLC, Brooklyn, NY
$300,000
Rossi v. Syndicated Properties Associates Inc.
5/20
New York
Supreme
Negligent Repair and/or Maintenance :
Fire marshal hurt on crumbling stairway
during inspection
Mario Biaggi, New York, NY of Biaggi and Biaggi, Esqs
$300,000
Ynoa v. N.Y.C.T.A.
5/7
Bronx Supreme
Negligent Repair and/or Maintenance :
Plaintiff claimed she tripped in subway's
broken turnstile
Eliot S. Bickoff, New York, NY of Asta & Associates, P.C.
$300,000
Sciara v. Consolidated Edison Co. of New York
Inc.
6/4
Bronx Supreme
Negligent Repair and/or Maintenance
: Meter repairman fell through home's
cellar trapdoor
Robert M. Fiala, New York, NY of Arye, Lustig & Sassower, P. C.
$283,000
Dennehy v. KBR Realty Corp.
7/28
Queens Supreme
Dangerous Condition : Tenant claimed
landlord ignored request for handrail
Russell Ragland, New York, NY of David Horowitz, PC
$272,600
Milanese v. Pilotti
2/18
Westchester
Supreme
Inadequate or Negligent Security : Stabbing blamed on pub's tolerance of past
troublemaker
Richard L. Giampa and Zachary Giampa, Bronx, NY of Richard L. Giampa,
P.C.
$250,000
DiTalia v. Waldbaum Inc.
4/15
Queens Supreme
Negligent Repair and/or Maintenance :
Supermarket's patron claimed no notice
of slippery floor
Edmond J. Pryor, Bronx, NY of Law Offices of Edmond Pryor &; William
C. Clyne, New York, NY, Of Counsel
$250,000
Fortson v. New Hartford Central School
District
6/24
Oneida Supreme
Swimming Pool : Girl's near drowning
caused brain injury, parents claimed
Brett A. Zekowski, Port Washington, NY of Parker, Waichman, Alonso,
Mark L.L.P.
$250,000
Rego v. 55 Leone Lane, LLC
3/5
Orange Supreme
Negligent Repair and/or Maintenance :
Building's owner didn't address icy lot,
plaintiff alleged
Evan M. Foulke, Goshen, NY of Foulke Law Offices
$241,549
Perez v. New York City Housing Authority
10/28
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's owner didn't fix broken tiles,
tenant alleged
Robert J. Bellinson, New York, NY of trial counsel, Wingate, Russotti &
Shapiro, LLP
$240,000
Calvert v. Ritter
4/19
Orange Supreme
Negligent Repair and/or Maintenance :
Backyard deck's collapse blamed on rotted beam
Patrick S. Owen, Goshen, NY of Patrick S. Owen PLLC
$229,000
Houck v. Double M Vending
12/16
Orange Supreme
Negligent Repair and/or Maintenance : Icy
parking lot not addressed, plaintiff claimed
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.
$225,000
DiLucchio v. Casis Restaurant
6/23
Suffolk Supreme
Negligent Repair and/or Maintenance
: Bistro's entry ramp a slippery hazard,
deliveryman alleged
Kenneth R. Shapiro, Carle Place, NY of Philip J. Rizzuto, P.C.
$225,000
Verdicts Search’s Top NY Verdicts of 2010 49
Premises Liability (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Morrison v. Fontana
10/19
Suffolk Supreme
Dangerous Condition : Pizzeria's entryway
uneven, hazardous, patron alleged
Frank A. Andrea, III, Garden City, NY of Andrea & Towsky
$212,500
Miller v. Michaels
4/23
Suffolk Supreme
Negligent Repair and/or Maintenance :
Neighbors sparred over safety of one's
retaining wall
Kevin J. Kiley, Great Neck, NY of Kiley, Kiley & Kiley; James D. Kiley, Great
Neck, NY of Kiley, Kiley & Kiley
$200,000
Greenberg v. City of New York
5/5
New York
Supreme
Negligent Repair and/or Maintenance :
Rec center's wet hoops court a hazard,
plaintiff alleged
Donte O. Mills, New York, NY of Sullivan Papain Block McGrath & Cannavo, P.C.
$179,000
Burgos v. Estate of Rodal
6/7
Queens Supreme
Negligent Repair and/or Maintenance
: Burned plaintiff claimed leaking stove
ignited aerosol spray
Robert Vilensky, New York, NY of Ronemus & Vilensky, L.L.P.
$175,000
Martinez v. Prana Nine Properties, LLC.
6/16
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's owner ignored unsafe stairway,
tenant alleged
Stuart M. Rissoff, Garden City, NY of Law Office of Stuart M. Rissoff
$175,000
Chepak v. Peter's Restaurant
8/5
Bronx Supreme
Negligent Repair and/or Maintenance :
Restaurant's patron claimed she slipped
in puddle
Robert Alan Saasto, Hicksville, NY of Robert Alan Saasto, Attorney at
Law
$175,000
Molloy v. Lake Gardens, LLC
9/16
Nassau Supreme
Negligent Repair and/or Maintenance :
Plaintiff fractured ankle in fall at building's
dark entryway
Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP
$175,000
Puzzio v. 2110 Barnes LLC.
9/30
Bronx Supreme
Negligent Repair and/or Maintenance :
Building's owner ignored uneven sidewalk,
neighbor alleged
Robert Vilensky, New York, NY of Ronemus & Vilensky, LLP
$170,000
Manzano v. WOTC Tenants Corp.
3/26
New York
Supreme
Negligent Repair and/or Maintenance :
Broken gutter led to icy stairs, apartment's
visitor alleged
Leonard J. Linden, New York, NY of Leonard J. Linden, Esq.
$160,000
Phillips v. Town of Colonie
2/23
Albany Supreme
Dangerous Condition of Public Property
: Park's 9-inch-tall curb a hazard, visitor
alleged
Steven P. Shultz, Albany, NY of Finkelstein, Levine, Gittelsohn & Partners
$150,000
Sanchez v. 191 Realty Associates, L.P.
1/29
New York
Supreme
Negligent Repair and/or Maintenance :
Building's operators ignored damaged ceiling, tenant alleged
Charles Feinstein, New York, NY of Feinstein & Feinstein; Adam C.
Yanover, Garden City, NY of Yanover & Yanover, trial counsel
$150,000
Smith v. 1064 Cauldwell, LLC
6/16
Bronx Supreme
Negligent Repair and/or Maintenance :
Stuart M. Rissoff, Garden City, NY of Law Office of Stuart M. Rissoff
Building's dirty, damaged stairway a hazard,
tenant alleged
$150,000
Pohleven v. Cohen
4/26
Oneida Supreme
Negligent Repair and/or Maintenance :
Apartment's tenant claimed landlord
ignored crumbling steps
Victoria Lieb Lightcap, Liverpool, NY of Finkelstein & Partners, L.L.P.
$140,000
Okonkwo v. RHC Operating LLC.
5/3
Bronx Supreme
Negligent Repair and/or Maintenance
: Hotel's torn stairway carpet a hazard,
employee alleged
Andrea V. Borden, New York, NY of Burns & Harris; Seth A. Harris, New
York, NY of Burns & Harris
$131,870
Golden v. Imperial Parking Systems Inc.
2/1
Bronx Supreme
Negligent Repair and/or Maintenance :
Physiatrist claimed career altered by fall
on ice
Michael D. Zentner, New York, NY of Petrocelli & Christy
$125,000
Herrera-Paz v. Villalobos
4/22
Queens Supreme
Negligent Repair and/or Maintenance :
Defense: Plaintiff walked in icy lot, rather
than on clear sidewalk
Christopher J. Purcell, Hauppauge, NY of Reynolds, Caronia, Gianelli,
Hagney, LaPinta L.L.P.
$110,000
Gaglia v. Town Sports International
6/30
Kings Supreme
Negligent Repair and/or Maintenance :
Health club's patron tripped on net that
divided room
Jason Herbert and Ernest N. Reece, New York, NY of Krentsel & Guzman, LLP
$110,000
Bonafede v. City of New York, New York
10/20
Kings Supreme
Negligent Repair and/or Maintenance :
Sanitation station plagued by persistent
leaks, suit alleged
Jason Herbert, New York, NY of Krentsel & Guzman
$110,000
Santiago v. New York City Transit Authority
6/22
New York
Supreme
Negligent Repair and/or Maintenance :
Subway rider claimed he slipped on station's soapy stairs
Christopher L. Vargas, New York, NY of Bader, Yakaitis & Nonnenmacher,
LLP
$108,900
Carmody v. Corbellini
11/5
New York
Supreme
Negligent Repair and/or Maintenance :
Beach home's deck in disrepair, tenant
alleged
Robert M. Ginsberg, New York, NY of Ginsberg & Wolf, P.C.
$100,000
Layou v. State of New York
3/30
Court of Claims,
Syracuse
Negligent Repair and/or Maintenance :
Prisoner's buttocks, leg burned during
mishap in kitchen
Thomas F. Shannon, Syracuse, NY of Lynn Law Firm
$85,000
Viele v. Vyverberg
1/21
Monroe
Supreme
Negligent Repair and/or Maintenance :
Building's owner didn't fix broken door,
tenant alleged
Robert L. Voltz, Buffalo, NY of Cellino & Barnes P.C.
$79,043
Boykin v. Rose Hill Rentals
2/24
Albany Supreme
Negligent Repair and/or Maintenance :
Boy struck, hurt when window fell out of
frame
Steven P. Schultz, Albany, NY of Finkelstein & Partners, L.L.P.
$75,000
50 Verdicts Search’s Top NY Verdicts of 2010
Premises Liability (cont.)
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Derrick v. City of NY
4/22
Kings Supreme
Negligent Repair and/or Maintenance
: Elevator's doors snatched and broke
plaintiff's finger
Alex Nocerino, New York, NY of Greenstein & Milbauer P.C.
$75,000
Lee v. InSpa World
12/1
Queens Supreme
Dangerous Condition : Day spa didn't
provide mats to prevent fall, suit alleged
Robert Alan Saasto, Hicksville, NY, trial counsel, Sim & Park, LLP, New
York, NY
$70,000
Tambone v. Powelton Club
12/9
Matter not filed
Dangerous Condition : Country club's
dark entryway a hazard, guest alleged
Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates P.C.
$70,000
Freud v. St. Agnes Cathedral School
4/13
Queens Supreme
Failure to Warn : Plaintiff tripped on construction debris in school's yard
Peter S. Thomas, Forest Hills, NY of Peter S. Thomas, P.C.
$65,000
Grabinksi v. Greene HealthCare Associates Inc.
3/12
Greene Supreme
Negligent Repair and/or Maintenance :
Plaintiff claimed she hurt back falling out
of elevator
Howard L. Wexler, New York, NY of Herzfeld & Rubin, P.C.
$60,000
Kim v. InSpa World
11/23
Queens Supreme
Negligent Repair and/or Maintenance :
Spa facility didn't guard against slippery
floors, patron alleged
Robert Alan Saasto, Hicksville, NY of Robert Alan Saasto, Attorney at
Law
$60,000
Delgado v. State of New York
6/28
Court of Claims,
Albany
Negligent Repair and/or Maintenance :
Courthouse's cardboard 'mat' a hazard,
visitor alleged
David Pomerantz, New York, NY of New York, NY, trial counsel, Paul G.
Vesnaver, Baldwin, NY
$50,000
Overbaugh v. 20 Mall at Guilderland
2/4
Albany Supreme
Negligent Repair and/or Maintenance :
Mall's cracked walkway a hazard, patron
alleged
Steven P. Shultz, Albany, NY of Finkelstein & Partners
$45,000
Breindel v. JCC of Mid-Westchester
2/9
Westchester
Supreme
Negligent Repair and/or Maintenance : Indoor swimming facility's tiled hall a hazard,
plaintiff alleged
Laurence J. Sass, New York, NY
$45,000
Balliro v. NYC Transit Authority
5/17
New York
Supreme
Negligent Repair and/or Maintenance :
Subway station's patron claimed dangerous step was ignored
Nicholas I. Timko, New York, NY of Kahn, Gordon, Timko & Rodriques,
P.C.
$42,500
Maiello v. Albany Medical Center
8/9
Albany Supreme
Negligent Repair and/or Maintenance :
Hospital's freshly mopped floor a hazard,
plaintiff alleged
Nancy Y. Morgan and Kristine Cahill, Newburgh, NY of Finklestein &
Partners, LLP
$35,000
Nadeau v. ShoppingTown Mall LP
6/2
Onondaga
Supreme
Negligent Repair and/or Maintenance :
Mall's patron claimed ceiling's leak wasn't
addressed
Jason Denny, Syracuse, NY of Alexander & Catalano, L.L.P.; Timothy R.
Mandronico, Syracuse, NY of Alexander & Catalano, L.L.P.
$25,000
Williams v. Heera
8/3
Queens Supreme
Negligent Repair and/or Maintenance :
Stacked scrap wood created a backyard
hazard, suit alleged
Mark A. Panzavecchia, Garden City, NY of Panzavecchia & Associates
PLLC
$25,000
Swieck v. Syracuse Orthopedic Specialists
2/26
Onondaga
Supreme
Negligent Repair and/or Maintenance :
Doctor's office ignored shabby sidewalk,
patient alleged
Frank A. Bersani, Jr., Syracuse, NY of Law Office of Frank A. Bersani, Jr.
$24,000
Stone v. JMED Holdings LLC
10/27
New York
Supreme
Dangerous Condition : Plaintiff recovered
from fall in nightclub, defense argued
Robert K. Erlanger, New York, NY of Erlanger Law Firm
$10,000
Spencer v. Broadway Plaza Inc.
11/30
Kings Supreme
Negligent Repair and/or Maintenance
: Store didn't clear icy sidewalk, patron
alleged
Anthony Iadevaia, New York, NY of Law Office of Anthony Iadevaia
$7,500
Products Liability
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Barnhard v. Cybex International Inc.
12/7
Erie Supreme
Design Defect : Physical therapist's neck
crushed by exercise machine
Kevin J. English, Buffalo, NY office and Michael R. Law, Rochester, NY offfice of Phillips Lytle LLP
$65,994,304
Doe v. Krimsky
7/16
U.S. District
Court, Eastern
District
Manufacturing Defect : Infant's penis partially severed by circumcision clamp
John L. Juliano, East Northport, NY of John L. Juliano P.C.; David J.
Llewellyn, Atlanta, GA of Johnson & Ward
$10,777,071
Bush v. Merola
5/14
Queens Supreme
Design Defect : Surgery's fatal outcome
blamed on defective instrument
Gary J. Douglas and Nicholas E. Warywoda, New York, NY of Douglas &
London, P.C.
$8,500,000
Boles v. Merck & Co. Inc.
6/25
U.S. District
Court, Southern
District
Design Defect : Fosamax's use led to
necrosis of jaw, plaintiff alleged
Gary J. Douglas, New York, NY of Douglas & London, P.C & Timothy M.
O'Brien, Pensacola, FL of Levin Papantonio Thomas Mitchell Rafferty &
Proctor, P.A.
$8,000,000
Jacobson v. McNeil Consumer & Specialty
Pharmaceuticals
9/30
New York
Supreme
Design Defect : Drug caused fatal peeling
of child's skin, suit alleged
Keith M. Jensen, Fort Worth, TX of Jensen, Belew & Gonzalez, PLLC
$3,780,000
Lederman v. Federated Department Stores
4/9
Richmond
Supreme
Design Defect : T-shirt dangerously flammable, plaintiff alleged
Martin Rubenstein, Staten Island, NY of Law Offices of Howard M. File,
Esq. P.C.
$300,000
Siskar v. Albany Door Systems
7/26
Erie Supreme
Automatic Door : Rolling door wouldn't
retract, caused injury, plaintiff alleged
Gregory Stamm, Williamsville, NY of Stamm, Reynolds & Stamm; Thomas
C. Pares, Buffalo, NY of Thomas Pares, Esq
$275,043
Verdicts Search’s Top NY Verdicts of 2010 51
Real Estate Transactions
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Wilson v. Lorge
7/6
Kings Supreme
Contracts : Co-op's sellers kept down
payment when sale went sour
David H. Perlman, Brooklyn, NY of David H. Perlman, Esq.
$654,000
Tsor v. Warner
10/21
Kings Supreme
Contracts : Property's seller backed out
for higher bid, plaintiff alleged
Joseph Gillette, Queens Village, NY of Ginsburg & Misk
$115,847
School
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
A.Z. v. Pine Plains Central School District
3/12
U.S. District
Court, Southern
District
Racial Discrimination : School slow to
respond to harassment, student alleged
Stephen Bergstein and Helen G. Ullrich, Chester, NY of Bergstein &
Ullrich
$1,250,000
Gonzalez v. City of NY
4/30
Bronx Supreme
Negligent Supervision : Teacher didn't stop
gym-class dustup, student alleged
Robert J. Bellinson, New York, NY of Wingate, Russotti & Shapiro, LLP
$375,000
Millares v. Pelham Parkway Jewish Center Inc.
3/16
Bronx Supreme
Negligent Supervision : Physiatrist not
watchful of child patient, suit alleged
Stuart R. Lang, New York, NY
$300,000
Seeley v. Mahopac C.S.D.
9/10
Putnam Supreme
Negligent Supervision : Girl's neck dislocated in school-yard dustup
Richard Sulzman, New York, NY of Jay H. Tanenbaum
$250,000
Transportation
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Cuadrado v. New York City Transit Authority
5/5
New York
Supreme
Bus : Bus's rider claimed sudden jolt
caused fall, injuries
Roy C. Gordon, Garden City, NY of Costella & Gordon LLP
$520,000
Patton v. Gray Line New York Tours Inc.
4/21
New York
Supreme
Bus : Bus's passenger claimed spiral stairway a hazard
G. Oliver Koppell, New York, NY of the Law Offices of G. Oliver Koppell
& Associates
$185,000
Polanco v. New York City Transit Authority
9/20
New York
Supreme
Subway : Subway's passenger claimed
doors closed too quickly
Michael Russo, New York, NY of trial counsel, Zuller & Bondy
$30,000
Workplace Accidents
CASE
DATE
COURT
TYPE OF ACTION
PLAINTIFF'S COUNSEL
AMOUNT
Ortiz v. AWL Industries Inc.
10/27
New York
Supreme
Labor Law : Shaky ladder blamed for
worker's fatal fall
Howard S. Hershenhorn, New York, NY of Gair, Gair, Conason, Steigman
& Mackauf
$8,625,000
Singh v. City of New York
6/28
Kings Supreme
Labor Law : Plaintiff broke neck, skull in fall
from ladder
Peter Pearson Traub, Jr., New York, NY of New York, NY, trial counsel, Law
Offices of Damon Stevens, Brooklyn, NY
$6,500,000
St. Jean v. Korean Air Lines Co. Ltd.
10/22
Queens
Supreme
Forklift : Trucker claimed forklift accident
ended career
Daniel A. Thomas, New York, NY of Law Offices of Daniel A. Thomas, P.C.;
Paul J. Edelstein, New York, NY of The Edelsteins, Faegenburg & Brown,
New York, NY, trial counsel, Lance E. Barnett
$5,462,716
Soba v. Cablevision Systems Corp.
5/10
Queens
Supreme
Labor Law : Worker broke leg in fall from
'inappropriate' ladder
David H. Perecman, New York, NY of The Perecman Firm, P.L.L.C.
$5,003,802
Espinal v. 1157 East 156th Street LLC
6/1
Bronx Supreme
Labor Law : Worker's 14-foot fall caused
elbow fracture, bulging disc
Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C.
$4,370,000
Williams v. City of New York
6/24
Bronx Supreme
Labor Law : Workplace fall led to spinal
fusion, plaintiff alleged
S. Joseph Donahue and Kareem R. Vessup, New York, NY of Block
O'Toole & Murphy LLP
$4,011,000
Sinchi v. City of New York
10/4
Queens
Supreme
Labor Law : Shaky ladder not adequate for
reaching ducts, worker claimed
Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC
$2,600,000
Parraguirre v. 27th St Holding, LLC.
9/21
Bronx Supreme
Labor Law : Worker's arms broken in 25foot fall from roof
Jonathan O. Michaels, Bronx, NY of Pena & Kahn, PLLC
$2,000,000
Riffo-Velozo v. Village of Scarsdale
12/10
Westchester
Supreme
Labor Law : Worker broke heel, wrist in
fall from ladder
Michael Arce and Yolanda Castro-Arce, Bronx, NY of The Arce Law Office, PLLC
$1,375,000
Seda v. Epstein
10/20
Bronx Supreme
Labor Law : Window washer's fall blamed
on defective window frame
Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC, Bronx, NY, trial
counsel, Steven R. Harris & Associates, New York, NY
$1,250,000
Nersisyan v. Deitsch Realty Corp
9/30
Kings Supreme
Labor Law : Unshielded table saw sliced
carpenter's finger
Souren A. Israelyan, New York, NY
$1,035,000
Mondello v. County of Nassau
12/16
Nassau Supreme
Labor Law : Worker claimed shaky ladder
wasn't suitable for job
James J. McCrorie, Jericho, NY of Fanning & McCrorie, P.C.
$950,000
Contreras v. Accent Development Corp.
7/14
Westchester
Supreme
Labor Law : Worker hit by falling tree
while clearing property
Dino J. Domina, Huntington, NY of Dino J. Domina, PC, Huntington, NY,
of counsel, Ronemus & Vilensky, New York, NY
$500,000
Galvan v. Iron Horse One Inc
9/27
Nassau Supreme
Labor Law : Worker fractured spine in fall
off of forklift
Eric H. Morrison, New York, NY of Morrison & Wagner
$500,000
•This chart is based on cases reported by VerdictSearch New York, an affiliate of the New York Law Journal.
The verdicts are reported as issued after trial. The summaries and listings do not include whether post-trial motions or appeals have been decided or are pending
••The list includes awards involving injuries only to one plaintiff in each case and claims that derive from those injuries
52 Verdicts Search’s Top NY Verdicts of 2010
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