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Verdicts and Settlements

PictureWe hope that you will find this sample of a few of our representative verdicts and settlements useful. Our experienced lawyers have an established track record of significant recoveries by way of both settlements and verdicts. Dedication to or clients and top results are hallmarks of our law firm. We welcome the opportunity to speak with you to discuss the potential value of your case and our representation. Click here to Contact Us and speak with an attorney immediately.

VERDICTS AND SETTLEMENTS ON BEHALF OF INDIVIDUALS

A 68-year old, retired security guard suffered a foot burn following cardiac surgery. The contraindicated compression device placed on his foot in the Hospital caused blisters, burns and tears to his skin which worsened, requiring skin grafts. Additional complications led to surgery eight times. A verdict for medical malpractice causing pain and suffering was rendered by a Bronx jury for $3,500,000.

A 28-year old warehouse worker was injured in a motor vehicle accident while a back seat passenger in a taxi cab which was struck broadside by a speeding truck. Injuries included a fracture of the right arm and 50% hearing loss. A total damages award was rendered after a Bronx trial for $1,900,000.

A 17-year old student was nearly crushed and suffocated to death in a crowded stairwell of a gymnasium alongside her best friend who died along with nine other wrongful death victims. The tragedy occurred while they were attending an oversold rap-show organized, promoted, supervised and managed by Sean “Puff Daddy” Combs. Her injuries included post traumatic stress syndrome, the onset of Graves Disease and fear of death while trapped in the stairwell for nearly fifteen minutes. A Court of Claims Judge ruled after a trial that Mr. Combs was legally responsible for causing the deaths and injuries by deciding to close the gym’s stairwell doors sealing the victims’ fates. Please go to our “Firm in the News” section to view some of the print media coverage of this tragic case. The case settled in favor of our client during jury selection in a companion trial in the New York County Supreme Court. The significant amount is subject to a confidentiality agreement at the request of Defendant Sean Combs.

A four month old, Brooklyn infant was mistakenly administered an adult heart medication instead of a simple antibiotic. The pharmacist at the Hospital incorrectly filled a prescription written illegibly 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 series of medical errors resulted in the child suffering from near fatal convulsions that permanently affected her nervous system and caused brain damage. 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 foot fractures when a decrepit, unbalanced, 170 pound steel radiator toppled over onto her foot. Prior to this premises accident, the landlord had been warned the radiator nearly tipped on another eight-year-old child. The landlord 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 floor below it. The matter was settled with the company insuring the building 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 medical negligence case, which was filed in the Brooklyn, was resolved by a settlement before depositions for $675,000.

A physical therapist in her early 50s fell when pushing open the outer door of a restaurant leading to steps, which contained too much tension and was missing the door handle and side handrails. Plaintiff’s counsel proved at trial that because of a number of previous incidents when patrons attempting to leave dropped food and drinks while turning the outer door handle, the owner further created a dangerous condition by then removing the entire handle and latch. Plaintiff testified when she began to fall, she had no door handle or handrails present to catch her fall. An expert architect testified that seven building code violations contributed to the incident. After the fall, she was writhing in pain for some period until assistance came having suffered a trimalleolar ankle fracture requiring an open reduction surgery with hardware placement. A second surgery was needed approximately six months later to remove the hardware. There were no loss of income claims. A surveillance video of the entire fall was intentionally destroyed by the owner. The Putnam County jury found 100% in favor of the Plaintiff after deliberating for only 15 minutes. The case then settled for $625,000 with the insurance company insuring the restaurant business and the defendant owner.

A pregnant 25-year old Westchester 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 Cesarean section though both parents repeatedly requested that she do so. Subsequently, the baby’s head became lodged 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 movement and loss of grip strength requiring years of physical therapy. The medical malpractice case was filed in Westchester and a settlement was reached with the Doctor’s insurance carrier after depositions were held for $600,000.

A 50-year old, Bronx housekeeper was injured in a NYCHA building when a defective trash compactor door slammed abruptly on her hand as she placed trash in the bin. In spite of prior complaints and injuries to others, the door was not repaired by the building’s superintendent. Her injuries included a broken hand requiring surgery and a permanent 20% loss of use as determined by the Workers’ Compensation Board. Jurors serving in The Bronx awarded our client a total damages verdict against NYCHA for $598,500.

A 40-year-old safety consultant visiting from Texas was struck by a car as he was walking on West 58th Street, in Manhattan as he crossed Eighth Avenue with the walk signal in his favor. Our client was hit 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 fractured leg. He also sustained a herniated disc to his back stemming from a subsequent physical therapy session for rehabilitation of his broken leg. The case was tried in New York County and a favorable settlement was reached with the company insuring the driver after three days of trial for $550,000.

A 5-year old, Manhattan girl was burned over 30% of her body including keloid scarring. The child accidentally 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 dangerous property accident, 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 generating overly hot water in violation of the NYC Building Code. We were able to arrive at a settlement with the company insuring the landlord during jury selection in Supreme Court, New York County for $460,000.

A 38-year old teacher from The Bronx suffered herniated neck and back discs with some knee and shoulder complications as a result of an auto accident at an intersection controlled by a traffic signal. The collision was caused when the other driver sped through a red light striking the teacher’s SUV as she was proceeding through the intersection. Our client’s vehicle was spun around and collided with a tree. The parties negotiated a pretrial settlement in The Bronx after depositions were held in which the other driver’s insurer agreed to pay $400,000.

A 37-year old, Queens bankruptcy investigator was injured while a passenger in an overturned bus. 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 with the carrier for the bus company in the Federal Court for the Eastern District for $400,000.

A 19-year old waitress was scalded by dangerously hot water from a defective water heater in a restaurant in Manhattan. She received second degree burns on over 18% of her body. The same type of water heater had been the subject of a number of suits across the country. The products liability 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 concrete 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 permanently blurry vision in one eye. The case settled for $300,000 during selection of the Brooklyn jury.

A Brooklyn man in his 30’s slipped and fell down seven stairs resulting in a SLAP tear to ligaments in his shoulder that subsequently required arthroscopic surgery. Despite the surgery, he will permanently suffer pain and limitations from bursitis.  Our client’s slip and fall was caused by an excessive amount of water on the stairway. A building employee was mopping the floor using an industrial mop and bucket with a broken wringer. His attempts to manually wring out the mop were insufficient.  Additionally, the building employee did not post a wet-floor warning sign and the owners failed to provide handrails on both sides of the stairway. The case settled after jury selection with the insurance company for the building’s owner in the Kings County Supreme Court (Brooklyn) prior to opening statements for $300,000.

A 44-year old, New Jersey man hurt his back, suffering a single herniated disc, in a hit-and-run motor vehicle collision. 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 New York. Suddenly a large piece of steel from 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 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 cargo securing 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, filed in The Bronx, settled for $286,000 paid by the company insuring the trucking company and its’ driver.

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 safe path for the nurses to reach patients and did not post any warning signs. The Bronx woman’s injuries included a fractured wrist which did not require surgery resulting in a Workers’ Compensation Board finding of a 17% permanent loss of use of her dominant hand. We settled the suit with the insurance company for the building just before jury selection in The Bronx County Supreme Court for $180,000.

BUSINESS-RELATED SETTLEMENTS AND VERDICTS

While representing the minority shareholders selling stock in their Corporation, we fended off litigation challenges from the majority shareholders and an unlawful assignee so that the stock 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.

Our firm successfully defended a General Contractor in a multi-million dollar breach of contract claim brought on 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 not breached the construction contract with the concrete subcontractor and was further awarded $127,000 on their counterclaim against the subcontractor.

Peter DeFilippis & associates 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 $500,000 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 with our clients obtaining $300,000.

A husband and wife were defrauded out of their investments by a sham mortgage investment company. We litigated on their behalf and they recovered their full investment in a liquidation settlement in the U.S. Bankruptcy Court for the sum of $250,000.