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Past Case Results
For client who was left alone by her attendant and caused to suffer a fall and leg injury resulting in a partial amputation. The defense tried to blame the plaintiff claiming that she was acting on her own. Thorough discovery revealed that the attendant departed from good and accepted practice by leaving the plaintiff despite clear indications that the plaintiff was not to be left alone. Non-party witness testimony obtained from a former executive who was in charge at the time of the accident confirmed that the home care protocols were clearly violated by the home attendant, which was a direct cause of the accident.
For client who suffered injuries to neck, shoulder and knee requiring surgeries after tripping and falling on debris left on the floor by store employee. At trial, the defense attempted to claim that the unwitnessed accident would have been picked up by video, and the fact that video does not depict the accident calls into question whether or not the accident ever happened. Upon further questioning, however, the defense witness admitted that the video camera globes in the area of the accident were nothing more than dummy camera heads which were installed solely as a visual deterrent to would-be shoplifters. There was no video of the accident since the cameras in the area of the accident were inoperable.
For client who was injured during construction when he was struck by falling debris. During a demolition project, the plaintiff was tasked with removing a large window from an exterior wall. The top of the window stood approximately 10 feet off of the ground. The plaintiff was not provided with an elevated working platform and instructed to stretch a pry bar over his head in an attempt to pry the window out of the wall. As he stretched to pry overhead, the top of the window casement became dislodged and fell from a height of 10 feet, striking the plaintiff and propelling him to the ground.
For client who slipped and fell on a poorly shoveled sidewalk resulting in leg injuries requiring surgery. The plaintiff walked along a sidewalk in front of a commercial building that had been mostly abandoned by the owner except for a small group of workers who maintained an office for the purposes of winding down the business. The defendant’s witness testified that it had no knowledge of the condition of the sidewalk on the date of the accident, or the days leading up to the accident, and was unable to refute the plaintiff’s testimony that the sidewalk contained a dangerous ice condition. Expert meteorological evidence revealed a classic freeze-thaw-freeze weather pattern which caused the hazardous condition which led to the accident.
For client who was in a motor vehicle accident and suffered a leg injury resulting in a partial amputation. The plaintiff was stopped at a red light when the defendant struck the rear of the plaintiff’s vehicle. The plaintiff suffered knee injuries requiring surgery. Unfortunately post-operative complications led to infections, further surgeries, and ultimately required the amputation.
For a 57 year old Queens teacher who was rear ended while stopped for traffic on her way home from work. Our client eventually underwent a 2 level cervical fusion surgery and was unable to work for 9 months following the incident. We won summary judgment on the issue of liability before taking depositions which strengthened our position early in the case. We also hired an economist to help establish a claim for future lost earnings, based on the claim that our client would be forced into early retirement.
For client who suffered injuries to shoulder, wrist and back due to slipping and falling on an ice-covered sidewalk. The defendant, a commercial property owner, failed to clear the small stretch of sidewalk in front of the premises. The constant trampling of the snow led to a packed-snow condition which froze during multiple sub-freezing days, leaving the sidewalk with a packed ice condition. The owner had more than enough time that it should have and could have cleared the dangerous ice before the accident.
For client who was struck in the rear in a motor vehicle accident and sustained injuries to neck, back and shoulder. The defendant claimed that a phantom vehicle made an illegal U-turn in front of it and caused him to swerve and strike the plaintiff’s vehicle as he was in it having just parked along the curb. The defendant admitted a series of facts during his deposition which gutted his claimed “emergency” defense—that he was unable to avoid the accident due to a claimed emergency. It became clear that the defendant created his own emergency, and thus was not entitled to a defense based upon the doctrine.
For client who suffered neck, back and shoulder injuries requiring surgeries following a slip and fall accident. The defendant was seen taking garbage out of a deli and leaving a streak of slimy liquid on the floor over which the bags were dragged. Shortly after this occurred, the plaintiff entered the store. After making a purchase, the plaintiff went to speak with an acquaintance. As the plaintiff walked toward the acquaintance, she slipped on the unsafe slippery substance and landed on her back. The matter settled at trial just as the independent eye-witness was to take the stand.
For client who was a front seat passenger involved in a motor vehicle accident resulting in neck injuries requiring surgery. The vehicle plaintiff was traveling in was side-swiped by the defendant’s vehicle. The defendant attempted to blame the driver of the plaintiff’s vehicle, but upon further questioning at deposition, the defendant provided inconsistent testimony, rendering useless any claim that he was not at fault.
Settlement for Workplace Accident Injuries
This mediated settlement was for a 32 year old New York City electrician who fell from a ladder while installing BX cable in the ceiling of a newly renovated office in a Manhattan high-rise. Our client was caused a significant neck injury including several herniated discs and will require pain management for the rest of his life. He was ultimately diagnosed with Reflex Sympathetic Dystrophy (RSD) Syndrome, or Complex Regional Pain Syndrome (CRPS), which is a chronic condition characterized by severe burning pain, most often affecting one of the extremities (arms, legs, hands, or feet).
For client who suffered a knee injury requiring two surgeries as a result of falling down broken stairs. The plaintiff was walking down a “step-street” in the Bronx and tripped on a cracked step, causing her to fall down and sustain serious injuries. Rigorous discovery revealed that the defendant undertook a massive inspection project years before the accident, to ascertain the condition of the step-streets so that they could be categorized in priority order for repair. After reviewing thousands of pages of material including contracts, schematics, diagrams and inspection reports, the specific step involved was identified as having been designated for repair at a future date. Unfortunately for the plaintiff, the defendant never made the repair despite having notice of the defective condition.
For client who was struck by a falling tree limb suffering knee injuries requiring surgery. A property owner had the non-delegable duty to inspect the trees on its property, identify and remedy any dangerous condition. Through discovery it was determined that the defendant did not keep up its end of the bargain and failed to timely inspect the subject tree and, as a result, it failed to recognize that the large limb hanging overhead a walkway was rotten, denuded of bark, and ripe for falling.
For client engaged in construction renovation and suffered eye injury due to inadequate eye protection. Defendant failed to provide any eye protection during a renovation project. As the plaintiff was removing a nail from a wall, the nail became dislodged and struck his eye, causing a significant eye injury
For client who was struck by a motor vehicle while riding his bicycle, suffering facial lacerations and leg injuries requiring surgery. The plaintiff was traveling on his bike through an intersection. The defendant went through a red light and struck the plaintiff after he finished crossing approximately 90% of the intersection. The defendant never admitted to running a red light, but through investigation, video and photographic evidence, the insurance carrier became convinced of the defendant’s fault and settled the matter.
Client sustained a fractured wrist, a fractured ankle and a shoulder injury requiring surgery as a result of a motorcycle incident. The defendant refused to accept responsibility and at first the Judge sided with them. But through persistent investigation and a persuasive re-argument summary judgment was obtained on the issue of liability. The case was resolved within a few short months of winning summary judgment on liability.
For client who suffered an ankle injury requiring surgery following exiting a bus when the bus opened the door onto a pothole. Plaintiff sued the defendant bus company and the depot wherein the bus parked. During discovery it became clear that the pothole into which plaintiff stepped as she exited the bus had previously been repaired, albeit shoddily. At the outset it appeared that the plaintiff suffered a sprained ankle and had an arthroscopic surgery. After not being satisfied with the outcome following the surgery, plaintiff continued seeking out a foot and ankle specialist who ultimately diagnosed plaintiff as having a more complex ankle condition requiring additional surgery and treatment.
For client who suffered knee injuries requiring surgery after tripping and falling over broken pavement near a utility cover. The defendant was required under the law to maintain the twelve inches surrounding the utility cover in good repair. Despite this rule, defendant failed to do so and the plaintiff’s foot became stuck in cracked pavement, causing a fall and significant knee injury. The case settled at trial.
For client who was struck in the rear by a box truck causing shoulder injuries requiring surgery. The plaintiff was driving on a highway at night when, suddenly and without warning, the defendant operating a box-truck struck the rear of plaintiff’s vehicle, propelling it into the concrete Jersey barrier. As a result of the impact, plaintiff suffered injuries to the neck back and shoulder, ultimately requiring physical therapy and an arthroscopic shoulder surgery.
Client fractured their hip after falling off the side of interior stairs that did not have a bannister. The building owner strongly disputed liability at first, arguing that it was our client’s fault because he removed the bannister himself. Once we presented our engineer’s report pointing out the NYC Building Code and Multiple Dwelling Law violations that existed they changed their tune. The case was ultimately resolved at a mediation.
For client who fell from ladder during construction work suffering a broken wrist requiring surgery. Plaintiff, an electrician, was required to use a drill while standing on an open A-frame ladder. As the plaintiff pushed the drill toward the wall and began drilling, the ladder became unstable and shifted, propelling the plaintiff to the ground. He landed on his wrist causing an immediate fracture. The plaintiff underwent an open reduction internal fixation surgery and missed a few months from work thereafter while attending physical therapy. Ultimately, the plaintiff returned to full-duty work.
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