Verdicts and Settlements
_We hope that you will find this section detailing below a few of our representative verdicts and settlements both interesting and useful. We have an established track record of significant recoveries on behalf of our clients.
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A diabetic 68-year-old retired security guard suffered a burning sensation in his foot following cardiac surgery. The contraindicated compression devices placed on his foot in the Hospital caused blistering and tearing of his skin which worsened, requiring skin grafts. Additional complications led to eight separate surgeries. A total damages verdict was rendered in The Bronx County Supreme Court for $3,500,000.
A 28-year old warehouse worker was injured while a back seat passenger in a livery cab which was struck broadside by a speeding truck. Injuries included a spiral fracture of his right arm and 50% hearing loss. A total damages verdict was rendered in The Bronx County Supreme Court for $1,900,000.
A 17-year old student was nearly crushed and suffocated to death in a stairwell of a gymnasium next to her best friend who died along with nine other unfortunate victims. The tragedy occurred while they were attending an oversold rap-show organized, promoted, supervised and managed by Sean "Diddy" Combs. Her injuries included post traumatic stress syndrome, the onset of Graves Disease and fear of death for nearly fifteen minutes. A Court of Claims Judge ruled after a liability trial that Combs was legally responsible for causing the deaths and injuries. Please go to our "Firm in the News" section to view some of the print media coverage of this case. The case settled during jury selection in a companion trial in the New York County Supreme Court for a significant amount subject to a confidentiality agreement at the request of Defendant Sean "Diddy" Combs.
A four month old infant was mistakenly administered an adult heart medication instead of a simple antibiotic. The pharmacist at the Hospital incorrectly filled an illegible prescription written by one of the pediatricians. The improper medicine was given to the infant on four different occasions over a twelve hour period by nurses on duty. The errors resulted in the child suffering from near fatal convulsions that permanently affected her nervous system and brain activity. A medical malpractice suit was commenced in the Kings County Supreme Court. The parties settled on the eve of jury selection for a significant sum. The award amount is subject to a confidentiality agreement at the request of Defendant New York City Health and Hospitals Corporation.
A three-year-old Brooklyn girl suffered two crush fractures to her foot when a decrepit, unbalanced, 170lb steel radiator toppled over onto her foot. Prior to this incident, the landlord had been told the radiator nearly tipped on another eight-year-old. She decided to repair the problem by having an unlicensed handyman insert wood blocks under the dilapidated radiator instead of replacing the radiator, rusted piping and rotted wood flooring below it. The matter was settled after depositions were conducted for $775,000.
A 58-year old Brooklyn cook died from infection after a New York City Health and Hospitals Corporation surgeon left part of a stethoscope inside the suture line of his stomach after weight loss surgery. The case, which was filed in the Kings County Supreme Court, was settled before depositions for $675,000.
A pregnant 25-year old Mamaroneck woman had a sonogram in her final week revealing a baby weighing in excess of 10 lbs. with a very large head circumference. During the early stages of delivery meconium staining was present as was fetal distress. The doctor opted not to perform a Caesarean section though both parents repeatedly requested that she do so. Subsequently, the baby’s head became stuck in the birth canal for ten minutes. Emergency measures were needed to resuscitate the non-breathing baby. An expert OBGYN reported that excessive traction was used in pulling on the baby at the roots of the brachial plexus and the doctor failed to use known methods for extracting the child with shoulder dystocia. Further, a C-Section should have been scheduled at the onset. The baby was left with a mild Erb’s Palsy resulting in deceased shoulder flexion and grip strength requiring years of physical therapy. The case was filed in Westchester County Supreme Court and it settled after depositions were held for $600,000.
A 50-year old housekeeper was injured when a defective trash compactor door slammed abruptly on her hand. In spite of prior complaints and injuries to others, the door was not repaired by the building's superintendent. Her injuries included a broken dominant hand requiring surgery and a permanent 20% loss of use as determined by the Workers' Compensation Board. Jurors serving for The Bronx County Supreme Court awarded our client a total damages verdict for $598,500 reduced by 25% for Plaintiff's comparative negligence.
A 40-year-old safety consultant was knocked down by a car as he was walking on West 58th Street, in Manhattan. As he crossed Eighth Avenue with the signal in his favor, our client was struck in his right leg by a vehicle operated by a distracted driver. He was taken by ambulance to an emergency room where X-rays revealed a proximal fracture of his right tibia. MRI testing later showed a non displaced fracture of his fibula. He also sustained injuries to his lower back stemming from a subsequent physical therapy session for rehabilitation of his knee. The case was tried in New York County Supreme Court and a settlement was reached after three days of trial for $550,000.
A 5-year old girl was burned over 30% of her body including keloid scarring. The child accidently turned on the bathtub faucet which supplied hot water that was 60 degree hotter than the legal limit. Tenants had previously complained to the superintendent about the abnormally hot water weeks before the incident, yet no correction was made. A New York City Fire Marshall at the scene confirmed the building's boiler was improperly set at the wrong temperature in violation of the NYC Building Code. The case settled during jury selection in New York County Supreme Court for $460,000.
A 37-year old bankruptcy investigator was injured while a passenger in a bus that flipped onto its side. The driver turned an icy curve on a mountain road at an excessive rate of speed in upstate New York. Our client sustained a torn rotator cuff requiring arthroscopic surgery to her shoulder. She also suffered an aggravation of a preexisting cranial malformation necessitating corrective surgery. The case settled in the Federal Court for the Eastern District for $400,000.
A 19-year old waitress was scalded by a defective water heater in a restaurant in Manhattan. She received second degree burns on over 18% of her body. The same water heater had been the subject of a number of suits across the country. The action settled in the New York County Supreme Court just before trial for $390,000.
A 69-year old bank manager was badly hurt when she fell over a sidewalk flagstone which had been protruding three inches above the grade for years. The Department of Transportation had been warned by the Big Apple Pothole Corporation of the problem in writing well before the incident. No repairs were ever undertaken by the City. The injured woman had fallen and struck her head upon the concrete sidewalk resulting in partial vision loss in one eye. The case settled for $300,000 during selection of the jury.
A 44-year old man hurt his back, suffering a herniated disk, in a hit-and-run motor vehicle incident. A fire truck, without any lights or sirens on, sped through a red light, struck the car in which he was a passenger, and fled the scene. The case, which was filed in The Bronx County Supreme Court, was settled for $295,000 from all Defendants.
A 42-year-old, independent truck driver, was driving his tractor-trailer on I-81 north in Preble. New York. Suddenly a large piece of steel on the flatbed of a tractor-trailer in front of him fell into the roadway, causing him to swerve off the roadway, jackknife and hit an embankment. He sustained injuries to his back and neck including several herniated discs. His injuries were confirmed by EMG and MRI testing. Evidence obtained indicated that the negligent trucker was cited for two counts of improper load securement after an examiner for the New York State Department of Transportation performed an inspection of his tractor-trailer. The defendant pleaded guilty to those charges. Upon the conclusion of depositions, the case settled for $286,000.
A nurse's aide at a nursing home slipped and fell on a floor while responding to an emergency call from a patient. The maintenance workers waxing the floor failed to leave an unwaxed area for the nurses to reach patients and did not post any warning signs. The injury included a fractured wrist resulting in a Workers' Compensation Board finding of a 17% permanent loss of use of her dominant hand. The suit settled just before jury selection in The Bronx County Supreme Court for $180,000.
A 65-year old former school teacher was injured in a car accident in which her vehicle was struck in the rear by a speeding car. She spent 16 days in the hospital and suffered a host of neck and back disc problems. The jury awarded a liability verdict in the Kings County Supreme Court and thereafter the case settled for $150,000.
A 66-year old school nurse's automobile was struck from the rear and then struck again, broadside, by a tractor trailer truck on I-287 in Greenburgh, New York. The injuries sustained included a herniated disc and a bulging disc in her neck. Her case was settled after depositions for $147,500. Her passenger's case involving a bulging neck disc was settled for $100,000.
BUSINESS LAW MATTERS
Represented the minority shareholders selling stock in their Corporation. We fended off litigation challenges from the majority shareholders and an unlawful assignee so that the transfer could close. The minority share was valued at approximately $4,000,000.
A General Contractor recovered losses from The NYC School Construction Authority for the delay in the construction of a new $25,000,000 school in Brooklyn, New York. The Authority failed to obtain needed permits from the NYC Department of Buildings for nearly a year. The case, which was filed in the Kings County Supreme Court, settled before depositions began for $1,250,000.
Successfully defended a General Contractor in a multi-million dollar breach of contract claim brought by a concrete subcontractor. The case was resolved after 20 separate hearing dates before an American Arbitration Association mediator in Manhattan. The General Contractor was found to have in fact not breached the construction contract with the concrete subcontractor and was further awarded $127,000 on their counterclaim.
Collected unpaid franchise fees on behalf of Servistar, a national hardware chain, by commencing actions in the Kings, Queens, and New York County Supreme Courts. Servistar recovered over $470,000 in outstanding debts.
Homeowners brought a suit against a Contractor for building their new home on substandard soil. The home began to significantly shift upon completion. This action settled just prior to jury selection in the Westchester County Supreme Court for $300,000.
A husband and wife were defrauded out of their investments by a sham mortgage investment company. They recovered back their full investment in a liquidation settlement in the U.S. Bankruptcy Court for the sum of $250,000.