Top New York Settlements of 2012
2012NYTopSettlements52.indd 1 12/13/12 9:55:20 AM SANOCKI NEWMAN & TURRET, LLP
225 Broadway, New York, NY 10007, (212) 962-1190
Largest Settlement in 2012 - Medical Malpractice/Negligence
$17.9 MILLION DOLLARS Delay in treating kidney stone resulting in infection, sepsis, gangrene requiring amputation of extremities
Drawing upon their 90+ years of collective experience in the field of medical malpractice, negligence and products liability, Edward Sanocki, Ira Newman and David Turret are dedicated to providing effective and personal advocacy to those who have been injured.
Accepting referrals from the Bar.
Sanocki Newman & Turret, LLP concentrates in trial and appellate work
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• Birth trauma • Automobile accidents • Failure to diagnose cancer • Work related accidents • Failure to diagnose/ treat medical condition • Labor law cases • Cerebral Palsy • Premises liability • Erbs Palsy • Products Liability • Brain damage • Construction accidents • Surgical errors and complications • Nursing Home negligence • Anesthesia malpractice • EMS negligence
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2012NYTopSettlements52.indd 2 12/13/12 10:51:26 AM 2012 SANOCKI NEWMAN & TURRET, LLP TOP SETTLEMENTS NY Farrell McManus 225 Broadway, New York, NY 10007, (212) 962-1190 PUBLISHERS LETTER 4 Associate Publisher, New York Law Journal [email protected] TOP 30 NEW YORK SETTLEMENTS IN 2012 6 Largest Settlement in 2012 - Medical Malpractice/Negligence Advertising/Sponsorship Sales Roseann Agostino TOP 10 NEW YORK CASE SUMMARIES IN 2012 8 [email protected] $17.9 MILLION DOLLARS TOP 2012 SETTLEMENTS BY CATEGORY 17 Richard Berger Delay in treating kidney stone resulting in infection, sepsis, gangrene [email protected] Civil Rights & Employment 17 requiring amputation of extremities Peter Hano Construction and Other Workplace Safety 19 [email protected] Drawing upon their 90+ years of Patty Martin collective experience in the field of Insurance 25 [email protected] medical malpractice, negligence and Intentional Torts 27 Indera Singh products liability, Edward Sanocki, [email protected] Ira Newman and David Turret are Malpractice 29 For advertising information please call dedicated to providing effective and Medical 31 212.457.9465 personal advocacy to those who have Motor Vehicle 35 VerdictSearch’s Top Settlements of 2012 been injured. is published by ALM, Premises Liability 45 120 Broadway, New York, NY 10271 Accepting referrals from the Bar. Product Liability 49 Sanocki Newman & Turret, LLP concentrates in trial and appellate work
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2012NYTopSettlements52.indd 3 12/14/12 4:29:06 PM 2012 TOP SETTLEMENTS NY
Dear Readers,
Welcome to “Top Settlements New York 2012” Special Section, a supplement highlighting the year’s top settlements, arbitrations and mediations in the state of New York. As many of you know, every April the NYLJ publishes it’s annual “Top Verdicts” Special Report that includes verdicts as well as settlements. With court backlogs growing and clients often unable to wait four to seven years for compensation, litigants and their counsel continue to search for alternatives. For this reason, we have decided to present to you this special supplement with its unique focus on settlements.
Working with our ALM sister product VerdictSearch we have compiled this listing of all settlements, arbitrations and mediations reported to VerdictSearch as of December 2012. Many of the cases in these listings represent the best of the best. In addition to highlighting the Top 30 settlements reported to VerdictSearch in 2012 we also broke down these listings by categories including Construction, Medical Malpractice, Premises Liability, Motor Vehicle and Workplace Safety.
The following pages represent the end result of the zealous advocacy and skillful expertise of your colleagues. The work of these advocates was outstanding and we salute them.
If you do not see a case you worked on this year highlighted in the supplement, we encourage you to begin reporting your cases to VerdictSearch. VerdictSearch is second to none when it comes to verdict and settlement research and reporting. For over 40 years, VerdictSearch has been the nation’s trusted source for news and research, providing legal and insurance professionals with the most accurate, detailed case reports each week. You can find them online at www.verdictsearch.com.
If you cannot wait until April 2013 for more information on verdicts and settlements, please remember that every Monday on page 5, the New York Law Journal runs a special Verdicts & Settlements section in the paper highlighting recently important or newsworthy cases.
Finally, I would like to extend a special thanks to the entire New York Law Journal sales, marketing and design team as well as our consultant on this project, Brian Corrigan, and his team. Their efforts allowed this fantastic supplement to come together despite tight deadlines and a lot of changes by yours truly.
As always, if you have any thoughts on this program or any other we run here at the New York Law Journal, please drop me a line. I can be reached at [email protected].
I look forward to hearing from you, all the best in the upcoming year!
Warm regards,
4 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 4 12/14/12 4:29:10 PM MEDIATED SETTLEMENTS A SAMPLING OF CASES RESOLVED 2011-2012 IN OUR PERSONAL INJURY DIVISION
HEARING DATE AMOUNT HEARING DATE AMOUNT HEARING DATE AMOUNT HEARING DATE AMOUNT 2/4/2011 2,150,000 9/15/2011 2,100,000 2/13/2012 2,715,000 7/16/2012 5,900,000 2/14/2011 2,500,000 9/20/2011 2,500,000 2/13/2012 2,750,000 7/17/2012 4,000,000 2/28/2011 6,850,000 9/20/2011 2,050,000 2/21/2012 5,700,000 7/19/2012 2,800,000 3/2/2011 3,000,000 9/27/2011 2,500,000 2/22/2012 3,250,000 7/24/2012 2,350,000 3/3/2011 2,500,000 9/28/2011 3,900,000 2/28/2012 3,750,000 8/2/2012 2,000,000 3/7/2011 8,250,000 9/28/2011 3,500,000 3/2/2012 2,100,000 8/2/2012 2,800,000 3/16/2011 2,250,000 9/30/2011 3,000,000 3/20/2012 5,500,000 8/9/2012 2,000,000 3/28/2011 2,000,000 9/30/2011 2,400,000 3/27/2012 2,500,000 8/10/2012 2,250,000 3/31/2011 6,750,000 10/5/2011 2,250,000 3/30/2012 2,700,000 8/17/2012 2,000,000 4/7/2011 11,800,000 10/10/2011 3,000,000 4/3/2012 2,250,000 8/22/2012 3,750,000 4/28/2011 3,100,000 10/12/2011 2,500,000 4/4/2012 4,150,000 8/29/2012 5,000,000 5/5/2011 2,700,000 10/18/2011 3,900,000 4/9/2012 2,950,000 9/10/2012 4,000,000 5/16/2011 2,450,000 10/27/2011 5,000,000 4/16/2012 3,400,000 9/11/2012 2,000,000 6/8/2011 3,250,000 10/27/2011 2,347,500 4/19/2012 15,550,000 9/12/2012 2,500,000 6/10/2011 2,400,000 11/2/2011 4,000,000 4/26/2012 2,250,000 9/14/2012 2,933,333 6/15/2011 2,400,000 11/21/2011 3,375,000 4/30/2012 3,300,000 9/28/2012 11,500,000 6/21/2011 8,500,000 12/12/2011 3,150,000 5/4/2012 4,400,000 10/1/2012 2,800,000 6/21/2011 2,200,000 1/3/2012 3,000,000 5/15/2012 4,250,000 10/2/2012 12,000,000 7/6/2011 2,180,000 1/4/2012 2,000,000 5/17/2012 4,250,000 10/3/2012 4,700,000 7/27/2011 4,250,000 1/4/2012 5,800,000 5/31/2012 2,500,000 10/22/2012 3,000,000 7/27/2011 2,700,000 1/11/2012 3,900,000 5/31/2012 2,250,000 11/15/2012 2,925,000 8/9/2011 6,000,000 1/12/2012 2,000,000 6/14/2012 3,250,000 11/16/2012 3,000,000 8/19/2011 2,500,000 2/1/2012 17,900,000 6/15/2012 2,700,000 11/19/2012 5,350,000 8/25/2011 4,100,000 2/7/2012 2,900,000 6/20/2012 11,000,000 11/27/2012 2,800,000 9/1/2011 3,000,000 2/8/2012 3,000,000 6/22/2012 3,300,000 12/3/2012 2,000,000 9/8/2011 2,350,000 2/8/2012 2,950,000 6/26/2012 3,750,000
In addition to administering a wide variety of cases, including complex commercial and employment matters for more than 50% of the Fortune 100 companies, NAM also settles a significant number of personal and catastrophic injury matters. In fact, in 2011 alone, NAM’s personal injury division resolved more than $495 million dollars of such cases in New York State.
The Better Solution®
122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800) 358-2550 www.namadr.com
NAM_120612_NY-Law-Journal-Ad-MedSettle-121912.indd 1 12/7/12 10:40:29 AM
2012NYTopSettlements52.indd 5 12/14/12 4:29:14 PM 2012 TOP SETTLEMENTS NY
TOP 30 NEW YORK SETTLEMENTS IN 2012
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
1 In Re Novartis Wage 8/10/12 U.S. District Pharmaceutical sales reps denied overtime David W. Sanford (lead), Katherine M. Kimpel, Deborah Marcuse $99,000,000 and Hour Litigation Court, S.D.N.Y. pay: Plaintiffs & Grant Morris of D.C. office & Jeremy Heisler, New York, NY of Sanford Heisler, LLP 2 Mullings v. Ibis Yarde 3/2/12 Kings Supreme Failure to Treat: Kidney stone infection ends Ira M. Newman (lead) & Edward J. Sanocki, Manhattan, NY $17,900,000 with multiple amputations of Sanocki, Newman & Turret, L.L.P.; Sanford A. Rubenstein, Brooklyn, NY of Rubenstein & Rynecki 3 Jamindar v. Uniondale 5/10/12 Nassau Supreme Labor Law: Worker suffers permanent loss of Larry J. Kramer & Joshua D. Pollack, Mineola, NY of Kramer & $15,000,000 Union Free School legs' use after 30-foot fall Pollack, LLP District 4 Hagins v. Miller 10/3/12 Westchester Negligent Treatment: Tooth extraction Christopher B. Meagher, White Plains, NY of Meagher & Meagher, $7,663,260 Supreme resulted in broken jaw, plaintiff claimed P.C.; Merryl F. Weiner, White Plains, NY of Meagher & Meagher, P.C. 5 Araujo v. Olin Corp. 6/1/12 U.S. District Labor Law: Defective scaffold caused fall, Kenneth J. Halperin & Philip A. Russotti, New York, NY of Wing- $7,250,000 Court, W.D.N.Y. brain injury, worker claimed ate, Russotti, Shapiro and Halperin, LLP 6 Russo v. Scheidt & 6/19/12 Orange Supreme Pedestrian: Man hit by car during aftermath Scott E. Rynecki, Brooklyn, NY of Rubenstein & Rynecki $7,000,000 Bachmann USA Inc. of highway accident, lost leg 7 Rivera v. Guzman 3/20/12 Nassau Supreme Failure to Detect: Obstetrician, nurse Danielle George, New York, NY of Levy Phillips & Konigsberg, $6,500,000 overlooked fetus's hypoxia, mother claimed LLP (now at Phillips & Paolicelli, LLP, NYC) 8 LaPera v. Gabrielli Truck 1/24/12 Nassau Supreme Products Liability: Design Defect: Worker David J. Dean, New York, NY of Sullivan Papain Block McGrath $6,000,000 Sales Ltd. burned when truck spilled hot asphalt & Cannavo PC 9 Wlodkowski v. City of 7/16/12 Bronx Supreme Labor Law: Bricklayer claimed he hurt spine, Daniel P. O'Toole (lead) & Scott Occhiogrosso, New York, NY of $5,900,000 New York head in fall from ladder Block, O'Toole & Murphy, LLP 10 Nielsen v. New York State 2/21/12 New York Labor Law: Two-ton beam fell from crane, David H. Mayer & Kenneth Sacks, New York, NY of Sacks & $5,700,000 Dormitory Authority Supreme struck ironworker Sacks, LLP 11 Cassidy v. HighRise 2/1/12 New York Labor Law: Fall from platform ended career, J.P. Delaney & Victor Greco, New York, NY of O'Dwyer & $5,600,000 Hoisting & Scaffolding Inc. Supreme concrete specialist claimed Bernstien, L.L.P. 12 Oo v. Prompt Apparel 2/15/12 Kings Supreme Labor Law: Shocked worker fell 5 feet, sus- Stanley A. Tomkiel, III, Scarsdale & Manhattan, NY of Tomkiel & $5,260,000 Inc tained spinal fracture Tomkiel PC Sanford Heisler, LLP is a 30 attorney public interest law rm in 13 Gonchar v. Jimenez 1/17/12 Richmond Pedestrian: Plaintiff hit by truck, sustained Paul J. Edelstein & Daniel Thomas, New York, NY of The Edel- $5,250,000 Supreme degloving injuries of lower body steins, Faegenburg & Brown LLP, New York, NY, trial counsel, New York, Washington, D.C., and San Francisco, specializing in class action Title VII, Boris Zivotov, Esq. P.C., Brooklyn, NY 14 Burke v. Hilton Resorts 3/7/12 New York Labor Law: Ironworker claimed 15-foot fall David H. Mayer & Kenneth Sacks, New York, NY of Sacks & $4,500,000 wage and hour and whistleblower litigation. Corp. Supreme through floor ended career Sacks 15 Dedndreaj v. A.B.C 10/12/12 Bronx Supreme Worker hit by falling pipe, claimed disabling Daniel P. O'Tool & Scott Occhiogrosso of Block O'Toole & $4,500,000 Carpet spinal injuries Murphy, LLP, New York, NY Sanford Heisler has recovered approximately 500 million dollars 16 Blandina v. Turner 6/13/12 Kings Supreme Labor Law: Plaintiff’s injuries cause by David H. Mayer (lead) & Kenneth Sacks, New York, NY of Sacks $4,275,000 Construction inadequate safety devices and procedures & Sacks, LLP for plainti s throughout the United States in the past 7 years.
17 Kelmendi v. Brooklyn Navy 6/12/12 Kings Supreme Labor Law: Fall into trench caused disabling Daniel P. O’Tool & Scott Occhiogrosso of Block O’Toole & $4,275,000 Yard Development Corp. injuries, excavator claimed Murphy, LLP, New York, NY 18 Bookless v. Action 5/7/12 Putnam Supreme Driver Fatigue: Highway crash blamed on Richard S. Vecchio, White Plains, NY of Worby Groner Edelman, $4,250,000 Carting sleepy trucker LLP 19 Tiabo v. Fire Systems 7/17/12 Kings Supreme Question of Lights: Motorist turned through Scott Occhiogross & Daniel P. O'Toole, New York, NY of Block $4,000,000 www.sanfordheisler.com Inc. red light, caused crash, plaintiff claimed O'Toole & Murphy, LLP, New York, NY, trial counsel, Elliot Ifraimoff & Associates, P.C., Forest Hills, NY 20 Jackson v. Three Nick- 6/20/12 Kings Supreme Defective shower burned tot, mother claimed Jonathan S. Damashek, New York, NY of Hecht Kleeger & $4,000,000 els, LLC Damashek, PC 21 Singh v. BE Bronx Build- 8/22/12 Bronx Supreme Labor Law: Laborer struck by falling beam, S. Joseph Donahue (lead) & Jeffrey A. Block, New York, NY of $3,750,000 Top Settlement in New York in 2012 ers LLC sustained severe ankle injury Block O'Toole & Murphy, LLP 22 Pantoja v. City of New 6/3/12 Bronx Supreme Labor Law: Scaffold accident ended career, Paul Dansker & Douglas E. Hoffer, New York, NY of Dansker & $3,500,000 York carpenter claimed Aspromonte Associates Top Jury Verdict in New York in 2010
23 Watson v. Pacific Vanderbilt 10/1/12 Kings Supreme Labor Law: Laborer claimed demolition site's David H. Perecman, New York, NY of The Perecman Firm, PLLC $3,400,000 Development Co., LLC collapse ended his career 24 Ritacco v. One Bryant 3/14/12 New York Labor Law: Marble setters claimed accident Kenneth J. Halperin, New York, NY of Wingate, Russotti & Shapiro, $3,300,000 Best Employment Practice of the Year 2010 (Law 360) Park, LLC. Supreme caused permanent disabilities LLP 25 Jacobs v. Nieto 4/30/12 Nassau Supreme Center Line: Fatal car crash blamed on Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP; $3,250,000 drunken driver S. Joseph Donahue, New York, NY of Block, O'Toole & Murphy, LLP “…biggest verdict ever awarded in an employment discrimination class action…” 26 Reeves v. 1710 Broadway, 2/27/12 Queens Supreme Icy conditions caused leak on stairway, Bryan J. Swerling, New York, NY; Aaron G. Baily, White Plains, $3,250,000 LLC plaintiff claimed NY of The Law Office of Aaron G. Baily (American Lawyer) 27 Aranda v. 34 East 30th 2/8/12 Queens Supreme Labor Law: Fall from ladder caused brain injury, Daniel P. O'Toole & Scott Occhiogrosso of Block, O'Toole & Murphy, $3,000,000 Street Corp worker claimed LLP “…ruling was a game changer” (Wall Street Journal) 28 Wright v. MTA Bus Co. 6/27/12 Queens Supreme Bus: Plaintiff claimed she was snared by bus's doors Jay W. Dankner, New York, NY of Dankner, Milstein & Ruffo, P.C.; Robert $3,000,000 and dragged A. Flaster, P.C., New York, NY of Robert A. Flaster, Esq. A national qui tam, whistleblower practice 6 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 6 1/2/13 4:16:11 PM Sanford Heisler, LLP is a 30 attorney public interest law rm in New York, Washington, D.C., and San Francisco, specializing in class action Title VII, wage and hour and whistleblower litigation.
Sanford Heisler has recovered approximately 500 million dollars for plainti s throughout the United States in the past 7 years.
www.sanfordheisler.com
Top Settlement in New York in 2012
Top Jury Verdict in New York in 2010
Best Employment Practice of the Year 2010 (Law 360)
“…biggest verdict ever awarded in an employment discrimination class action…” (American Lawyer)
“…ruling was a game changer” (Wall Street Journal)
A national qui tam, whistleblower practice
2012NYTopSettlements52.indd 7 12/14/12 4:29:26 PM 2012 TOP SETTLEMENTS NY O’DWYER & TOP 10 CASE SUMMARIES BERNSTIEN, LLP
also argued that certain members of the Sanford A. Rubenstein, Rubenstein & No. 1 Plaintiff class are exempt from the FLSA’s Rynecki, Brooklyn, NY Mullings continued to report pain and at overtime requirement because they qualify Edward J. Sanocki, Sanocki, Newman & about 5 p.m. on Sept. 15, 2008, her boy- Pharmaceutical sales reps as “highly compensated” employees. Turret, L.L.P., New York, NY friend took her to Brooklyn Hospital, where denied overtime pay: Plaintiffs she was found to be in septic shock. CONGRATULATES Injuries/Damages: Facts & Allegations: Employment Law – Wage & Hour – Class Action Plaintiffs claimed that there are entitled to On the evening of Sept. 13, 2008, plaintiff The sepsis eventually caused a dissemi- overtime pay under the Fair Labor Stan- Tabitha Mullings, a 32-year-old office man- nated intravascular coagulopathy (DIC), Settlement: $99,000,000 dards Act. The plaintiffs sought to recover ager, began feeling pain in her right abdo- causing gangrene of her extremities and Case: In Re Novartis Wage and Hour unpaid overtime wages. men and back. The following morning she necessitated doctors amputate all four of J.P. DELANEY AND VICTOR GRECO Litigation, No. No. 06-MD-1794 was taken to Brooklyn Hospital Center, Mulling’s extremities. Court: United States District Court, Norvartis contended that the plaintiffs were where doctors checked her vitals signs, in- Southern District, New York not entitled to overtime pay because they cluding temperature and blood pressure. Mullings sued The Brooklyn Hospital Cen- Judge: Paul Crotty fall within the “outside sales” and “admin- She was diagnosed with a kidney stone. She ter, New York City Fire Department, New ON THEIR Date: 8/10/2012 istrative” exemptions to both the federal was given Percocet and discharge instruc- York City Emergency Medical Services, and state overtime requirements. tions to drink fluids and to come to the New York City, and her treating physicians, Plaintiff Attorney(s): hospital again if she developed a fever or Dr. IIbis Yarde, Dr. Benson Yeh, Dr. Diana David W. Sanford (lead), Sanford Heisler, Result: did not respond to the Percocet within 48 Giorgi, Dr. Olumide Osoba, Dr. Ahmar LLP, Washington, DC A federal district court judge granted final hours. She returned home and took medi- Butt and Dr. Dhanan Etwaru, alleging that $5,600,000 SETTLEMENT Jeremy Heisler, Sanford Heisler, LLP, New approval to a $99 million settlement of a cation in the early afternoon. the treatment by the hospital, doctors and York, NY nationwide wage and class action on over- EMS crews was negligent and constituted Katherine M. Kimpel, Sanford Heisler, LLP, time claims by more than 7,000 Novartis She continued to feel pain and reported to medical malpractice. Washington, DC Pharmaceuticals Corporation sales repre- be shivering and cold, but hot to the touch CASSIDY V. HIGHRISE HOISTING & SCAFFOLDING INC. Deborah Marcuse, Sanford Heisler, LLP, sentatives. at about 3 a.m. Sept.15, 2008. At 4:30 a.m. Giorgi, Osoba and Butts were discontinued Washington, D.C. Mullings’s boyfriend called Emergency prior to jury selection. 2/1/12 – NEW YORK SUPREME Grant Morris, Sanford Heisler, LLP, Wash- Medical Services and told them Mulling’s ington, D.C. had previously been to Brooklyn Hospital Mullings contended that she should not LABOR LAW: FALL FROM PLATFORM ENDED CAREER, CONCRETE SPECIALIST CLAIMED No. 2 and diagnosed with a kidney stone. EMS have been discharged from the hospital on Facts & Allegations: told the boyfriend to tell Mullings to not eat Sept. 14, 2008 without first determining More than 7,000 class action plaintiffs, Kidney stone infection ends with or drink anything. Some twenty-five min- whether she had an infection. sales representatives at Norvartis Phar- multiple amputations utes later a Basic Life Support ambulance maceuticals Corporation working in New arrived with an EMS crew. Mulling’s vitals Mullings contended that she should have York and California, between 2000-2007, Failure to Treat — Medical Malpractice — were taken again, and she was diagnosed been transferred to the hospital after she # 11 of the Top 30 NY Settlements of 2012! claimed that they were denied overtime Negligent Treatment — Medical Malpractice with a fever and Percocet withdrawal and called EMS and that failure to do so result- pay under the federal Fair Labor Standards recommended to take Tylenol. She signed ed in her developing sepsis. She contended Act(FLSA) and corresponding state wage Settlement: $17,900,000 a refusal of medical assistance (RMA) and that she reported to be in pain each time and hour laws. Case: Tabitha Mullings v. Ibis Yarde, M.D., the EMS crew left at approximately 5 a.m. EMS arrived, and told the crews about her #5 of the Construction Accident NY Settlements of 2012! Benson Yeh, M.D., NYC Fire Department, earlier diagnosis of a kidney stone. She fur- Several employees sued Norvartis in 2006, NYC EMS, NYC, Diana Giorgi, M.D., At about 3 p.m. that day, Mullings called ther argued that she reported to be suffer- asserting collective claims under the FLSA Olumide Osoba, M.D., Ahmar Butt, M.D., EMS again and reported to have numb lips ing from Percocet withdrawal only because and class claims under the New York and Dhanan Etwaru, M.D., and The Brooklyn and toes. She reported that she was under- that’s how the first EMS crew diagnosed For over a century, O’Dwyer & Bernstien has been one of New York’s preeminent litigation firms, providing quality representation in the field of California Labor Law. In 2007, the cases Hospital Center, No. 6162/2009 going Percocet withdrawal, and was told her. She also contended that she had not Personal Injury Litigation, Labor Relations and Employee Benefits, and Administrative/Governmental law to thousands of clients comprised of were consolidated into a class action. Court: Kings Supreme she was likely having an allergic reaction. refused treatment, but was in pain and individuals, corporations, labor unions and governmental entities. Judge: Marsha L. Steinhardt An Advanced Life Support ambulance with confused and signed the RMAs because she Norvartis contended that the plaintiffs were Date: 3/2/2012 paramedics was sent to Mullings. Paramed- thought they acknowledged that EMS had not entitled to overtime pay because they ics took her vitals, which were normal. She treated her. The firm brings significant expertise to its clients and maintains a high-quality “boutique” practice while carrying on the beliefs of Paul O’Dwyer and the fall within the “outside sales” and “admin- Plaintiff Attorney(s): reported that she thought she was in Perco- traditions of its other founders, William O’Dwyer, a former Mayor of the City of New York, and Oscar Bernstien. istrative” exemptions to both the federal Ira M. Newman (lead), Sanocki, Newman cet withdrawal and again signed an RMA, and state overtime requirements. Norvartis & Turret, L.L.P., Manhattan, NY and the paramedics left. -Continued on p10 In the years of serving the community, O’Dwyer & Bernstien has had its share of publicly renowned cases, including a number of pro bono cases undertaken in the interest of justice. Today the firm’s lawyers and numerous support staff carry on in the tradition of its founders who championed the causes and ideals of the underdogs, battled against social injustice, protected the liberty of the common man, and fought for civil and human rights. TOP 30 NEW YORK SETTLEMENTS IN 2012 The firm is located in the vicinity of City Hall, the Federal and State Courts and other governmental offices. The street on which the firm is located was CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT designated Paul O’Dwyer Way by the New York City Council and Mayor Rudolph Guiliani in recognition of the years of service that the founder of the firm, Paul O’Dwyer, rendered to the people of the City of New York. 29 Aquila v. Horizon House 6/29/12 Queens Supreme Repairs worsened dangerous stairway, plaintiff Thomas J. Moverman, Alan M. Shapey and Marc E. Freund, New York, NY $3,000,000 Co. LLC claimed of Lipsig, Shapey, Manus & Moverman, P.C.
30 Picano v. Rockefeller 3/21/12 New York Supreme Labor Law: Defendants: Plumber's injury not during Carmine A. Rubino, New York, NY of Kramer, Dillof, Livingston & Moore $3,000,000 Center North Inc. renovation work O’DWYER & BERNSTIEN, LLP Paul O’Dwyer Way , 52 Duane Street New York, NY, 10007 | Tel: (800)-536-5688 | Tel: (212)-571-7100 | Fax: (212)-571-7124 8 VerdictSearch’s Top NY Settlements of 2012 [email protected] | www.odblaw.com
2012NYTopSettlements52.indd 8 1/2/13 4:16:01 PM O’DWYER & BERNSTIEN, LLP
CONGRATULATES
J.P. DELANEY AND VICTOR GRECO
ON THEIR
$5,600,000 SETTLEMENT
CASSIDY V. HIGHRISE HOISTING & SCAFFOLDING INC.
2/1/12 – NEW YORK SUPREME
LABOR LAW: FALL FROM PLATFORM ENDED CAREER, CONCRETE SPECIALIST CLAIMED
# 11 of the Top 30 NY Settlements of 2012!
#5 of the Construction Accident NY Settlements of 2012!
For over a century, O’Dwyer & Bernstien has been one of New York’s preeminent litigation firms, providing quality representation in the field of Personal Injury Litigation, Labor Relations and Employee Benefits, and Administrative/Governmental law to thousands of clients comprised of individuals, corporations, labor unions and governmental entities.
The firm brings significant expertise to its clients and maintains a high-quality “boutique” practice while carrying on the beliefs of Paul O’Dwyer and the traditions of its other founders, William O’Dwyer, a former Mayor of the City of New York, and Oscar Bernstien.
In the years of serving the community, O’Dwyer & Bernstien has had its share of publicly renowned cases, including a number of pro bono cases undertaken in the interest of justice. Today the firm’s lawyers and numerous support staff carry on in the tradition of its founders who championed the causes and ideals of the underdogs, battled against social injustice, protected the liberty of the common man, and fought for civil and human rights.
The firm is located in the vicinity of City Hall, the Federal and State Courts and other governmental offices. The street on which the firm is located was designated Paul O’Dwyer Way by the New York City Council and Mayor Rudolph Guiliani in recognition of the years of service that the founder of the firm, Paul O’Dwyer, rendered to the people of the City of New York.
O’DWYER & BERNSTIEN, LLP Paul O’Dwyer Way , 52 Duane Street New York, NY, 10007 | Tel: (800)-536-5688 | Tel: (212)-571-7100 | Fax: (212)-571-7124 [email protected] | www.odblaw.com
2012NYTopSettlements52.indd 9 12/14/12 4:29:36 PM 2012 TOP SETTLEMENTS NY
-Continued from p8 Mullings to lose sight in her left eye and ing a portion of the school’s auditorium, internal fixation. Jamindar also underwent sustain visual disturbance in her right eye. and Jamindar’s duties involved the remov- several years of physical therapy. Plaintiff also contended that the hospi- al of ductwork that was suspended above tal failed to properly treat her when she Mullings contended that failure to treat the the auditorium’s floor. During the course On March 17, 2010, Jamindar underwent returned on Sept. 15, as doctors did not kidney stone with a stent was a failure to of that task, Jamindar fell off of the plat- surgical removal of some of his fixation install a stent. She argued the stent would treat the infection, which allowed the sep- form of a scissor lift. He plummeted some hardware. The procedure also included the have alleviated the urine that caused the sis to progress. She claimed that as a result 30 feet, and he sustained an injury of his reconstruction of scarred areas. During the infection by backing up in the ureter and of the injuries sustained due to the infec- back. procedure, he sustained a spinal injury that kidney as a result of the kidney stone. tion, her family must provide her daily caused a leak of cerebrospinal fluid. The assistance with all activities of daily living Jamindar sued the school; its operator, the leak necessitated a pair of follow-up surger- Plaintiff’s counsel also contended that au- and ambulating. Uniondale Union Free School District; ies that were performed during the ensuing dio recordings of the EMS calls indicate the project’s managing contractors, Conor two weeks. that both Mullings and her boyfriend re- Mullings, who had earned some $30,000 a Construction Consultants and Irwin Con- port that she is in pain and that she was year as an office manager, has not returned tracting Inc.; and the company that provid- In September 2010, Jamindar underwent previously diagnosed at the hospital with to work following the amputations. She ed the scissor lift, Northgate Electric Corp. surgical correction of residual scars. A re- a kidney stone. sought recovery for past and future pain Jamindar alleged that the defendants vio- sidual hematoma necessitated another and suffering, lost wages and medical costs. lated the New York State Labor Law. surgery, which was performed in October The city contended that when the EMS Plaintiff’s counsel projected future medi- 2010. came, Mullings did not report to be in cal care to cost between $20,000,000 and Uniondale High School and the Union- pain, had normal vitals, refused treatment $30,000,000. dale Union Free School District impleaded Jamindar claimed that he suffers total re- and signed the RMAs. EMS also denied Jamindar’s employer, Herricks Mechani- sidual numbness of his feet and each leg’s saying that she was withdrawing from Per- Defendants planned to argue that her fu- cal Corp. Uniondale High School and the calf, near-total numbness of each leg’s ham- cocet. EMS also contended that she never ture medical care would be less expensive. Uniondale Union Free School District al- string, a severe reduction of his legs’ utility told the first responders that she had taken leged that Herricks Mechanical controlled and range of motion, incontinence, and a any Percocet. Result: and directed Jamindar’s work functions, total loss of sexual function. He contended The parties agreed to settle the case with the and they sought contractual indemnifica- that he cannot resume any type of work. The hospital contended that when she treat- City covering $8.5 million, Brooklyn Hos- tion. Indemnification was ultimately grant- ed on Sept. 14, she was properly treated for pital Center paying $5 million, Physician’s ed. Jamindar sought recovery of his past and a kidney stone and properly told to return Reciprocal Insurance paying $2.2 million future medical expenses, his past and fu- to the hospital if she experienced fever or and Medical Liability Mutual Insurance Irwin Contracting’s counsel contended that ture lost earnings, and damages for his past did not respond to the pain medication. Company contributing $2.2 million. his client did not control or supervise the and future pain and suffering. The hospital further argued that when she work that Jamindar performed. He moved did return to the hospital she was already in Editor’s Note: for dismissal of the claim against his client, Defense counsel contended that Jamindar septic shock, and doctors properly treated This report is based on information that and the motion was granted. The matter can perform some type of work. her with fluid replacement, antibiotics and was provided by plaintiff’s and defense proceeded to a trial against the remaining pressors, and transferred her to the Surgical counsels. Counsel for Dr. Yeh did not re- defendants, but Conor Construction Con- Result: Intensive Care Unit in an attempt to elevate spond to the reporter’s phone calls. sultants was dismissed because its coun- During the trial, the parties negotiated a her blood pressure and optimize her fluids. sel established that the company and the settlement. Herricks Mechanical’s primary The hospital further contended that they school district had not memorialized a insurer tendered its policy, which provided were unable to install the stent immediately written contract. $1 million of coverage; Herricks Mechani- because there was a high risk of death in do- No. 3 cal’s excess insurer agreed to pay $8.5 mil- ing any surgery, as she had respiratory, kid- Jamindar claimed that the lift fell when lion, from a policy that provided $10 ney failure, DIC and severe hypotension. Worker suffers permanent loss of it was struck by falling ductwork. He con- million of coverage; Northgate Electric’s legs’ use after 30-foot fall tended that the lift was not sufficiently primary insurer tendered its policy, which Plaintiff’s counsel also argued that the stable. provided $1 million of coverage; and hospital should have installed the stent, Construction Accident – Labor Law § 240 & § 241(6) Northgate Electric’s excess insurer agreed to because failing to do so also resulted in a Jamindar’s counsel claimed that the inci- pay $4.5 million, from a policy that pro- high risk of death. Settlement: $15,000,000 dent stemmed from an elevation-related vided $10 million of coverage. Thus, the Case: Jigar Jamindar v. Uniondale Union hazard, as defined by Labor Law § 240(1), settlement totaled $15 million. Injuries/Damages: Free School District, Uniondale High and that Jamindar was not provided the gangrene; septic shock; amputation, hand; School, Irwon Contracting, Conor Con- proper, safe equipment that is a require- Editor’s Note: amputation, foot; vision, partial loss of struction Consultants, Northgage Electrical ment of the statute. They also claimed that This report is based on information that was Mullings came to Brooklyn Hospital on Court: Nassau Supreme the site was not properly safeguarded, as provided by plaintiffs’ counsel and counsel Sept. 16 and was found to be in septic Judge: Anthony L. Parga required by Labor Law § 241(6). of Conor Construction Consultants, Her- shock. She was treated with presseors to Date: 5/10/2012 ricks Mechanical, Uniondale High School reestablish blood-flow to her extremities, Herricks Mechanical’s counsel contended and the Uniondale Union Free School however she continued to develop escemia Plaintiff Attorney(s): that the accident was solely a result of an District. Northgate Electric’s counsel did in her extremities, and the eschemia pro- Larry J. Kramer; Kramer & Pollack, LLP; inadequate lift having been provided. not respond to the reporter’s phone calls. gressed, causing decreased circulation and Mineola, NY, Joshua D. Pollack; Kramer & Northgate Electric’s counsel contended that Irwin Contracting’s counsel was not asked eventually gangrene. On Oct. 24, 2008, Pollack, LLP; Mineola, NY. Jamindar had not been authorized to use to contribute. both of Mullings’s hands were amputated, the lift. and six days later both of her feet were Facts & Allegations: amputated. She was fitted with prosthetic On Aug. 22, 2007, plaintiff Jigar Jamindar, Injuries/Damages: hands and feet. 29, a laborer, worked at Uniondale High Jamindar sustained a fracture of his sa- Emboli and neuropathies developed School, which is located at 933 Goodrich crum. After five weeks had passed, the frac- during the septic shock that also led St., in Uniondale. Workers were demolish- ture was addressed via open reduction and -Continued on p12
10 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 10 12/14/12 4:29:42 PM New York Office - 380 Madison Avenue - 24th Floor New York, NY 10017 | (212) 388-5100 | (646) 581-9222 (Direct) | (212) 388-5200 (Fax) New Jersey Office - Quakerbridge Executive Center 101 Grovers Mill Road Lawrenceville, NJ 08648 | (609)789-5600 [email protected] | www.p2law.com
7TH HIGHEST RECOVERY, 3RD HIGHEST RECOVERY IN ITS CATEGORY (MEDICAL MALPRACTICE)
RIVERA v. GUZMAN, $6.5 million (Supreme Court, Nassau County, April 2012)
We have long specialized in representing children born with severe birth defects, early childhood cancers and perinatal injuries. Cases involving toxic exposures in parental workplaces or environmental exposures producing severe injuries are unusually challenging and require counsel who has an appreciation of both cutting edge science and the latest legal developments. The lawyers at Phillips & Paolicelli, LLP have pioneered in this eld and have a long record of ground- breaking verdicts, settlements and judgments in sums suf cient to provide lifetime security and dignity to these children and their suffering families. Our catastrophically injured clients also include victims of medical malpractice, defective products and other complex torts.
We are honored to have the work of partner Danielle George recognized by the New York Law Journal for the 7th highest recovery in 2012 (the 3rd highest in the medical malpractice category) for birth injuries and cerebral palsy caused by negligent obstetrical care during the prenatal period, as well as the labor and delivery. Rivera v. Guzman $6.5 million Supreme Court, Nassau County, April 2012. Another notable birth injury recovery in 2012 is that of partner Dan Woodard, who obtained a $1.2 million settlement in a medical malpractice case involving a young girl who suffered Erb’s Palsy without brain injury as a result of negligent medical treatment rendered to her mother prenatally and at the time of delivery. Myrie v. New York City Health and Hospitals Corporation, Supreme Court Bronx County, Index No. 14855/06.
We are proud to provide excellent and compassionate advocacy for the catastrophically injured.
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-Continued from p10 the dentists shared liability. Hagins claimed pay his stipulated obligation: $1.6 million. properly safeguarded, as required by Labor that the dentists did not disclose that an ex- Law § 241(6), and that the defendants vio- No. 4 traction could have caused damage of his Editor’s Note: lated the general safety requirements of La- jaw or a nerve. As such, plaintiff’s counsel This report is based on information that bor Law § 200. Dentists broke jaw, damaged nerve, contended that Miller and Moody did not was provided by plaintiff’s counsel and patient alleged obtain informed consent to the procedures Miller’s counsel. Moody’s counsel did not Defense counsel contended that Labor Law that they performed. respond to the reporter’s phone calls. §§ 240(1) and 241(6) are not applicable to Medical Malpractice — Negligent Treatment — Informed incidents that occur during routine mainte- Consent — Oral Surgery— Dentist —Oral Surgeon Miller contended that any damage was a re- nance or work that does not involve a sig- sult of Moody’s attempted removal of Ha- nificant alteration of a building, and they Verdict(P): $7,663,260 gins’ problematic tooth. Moody contended contended that Araujo’s work was a matter Net: $2,600,000 that he did not detect any damage of Ha- No. 5 of routine maintenance. Case: Harold Hagins v. Michael C. Miller gins’ jaw or nerves. and William Moody, No. 215/2011 Defective scaffold caused fall, brain Thyssenkrupp Safway’s counsel contended Court: Westchester Supreme Injuries/Damages: injury, worker claimed that the scaffold was constructed according Judge: Orazio R. Bellantoni fracture, mandible; fracture, jaw; nerve to Olin’s specifications. He also contended Date: 10/3/2012 damage, lingual nerve; nerve damage, Worker/Workplace Negligence — Negligent Assembly or that it was properly constructed. trigeminal nerve; face; numbness Installation — Fall from Height Plaintiff Attorney(s): Injuries/Damages: Christopher B. Meagher, Meagher & Meagh- Hagins sustained a fracture of his mandi- Settlement: $7,250,000 head; anxiety; depression; cognition, im- er, P.C., White Plains, NY ble, damage of his lingual nerve and dam- Case: Araujo v. Olin Corp. and Thyssenk- pairment; memory, impairment; concen- Merryl F. Weiner, Meagher & Meagher, P.C., age of his trigeminal nerve. He developed rupp Safway, Inc., No. 08 CV 0936 tration, impairment; brain damage; hip; White Plains, NY numbness of his face. Court: U.S. District Court, Western District labrum, tear (hip); speech/language, im- Judge: William Skretny pairment of Araujo was placed in an am- Facts & Allegations: In February 2003, Hagins underwent surgi- Date: 6/1/2012 bulance, and he was transported to Buffalo On Feb. 2, 2003, plaintiff Harold Hagins, cal repair of the fracture of his mandible. General Medical Center, in Buffalo. He re- 42, a hydrogeologist, underwent extraction The procedure included the application of Plaintiff Attorney(s): ported that he sustained an injury of his of the crown of a painful tooth. The pro- wire that prevented any movement of his Kenneth J. Halperin, Wingate, Russotti, head. He underwent about seven days of cedure should have involved the extraction jaw. After several months had passed, he Shapiro and Halperin, LLP, New York, NY treatment and observation. of the entire tooth, but the dentist, Dr. Wil- underwent two procedures that involved Philip A. Russotti, Wingate, Russotti, liam Moody, could not extract the lower the implantation of a motor that stimu- Shapiro and Halperin, LLP, New York, NY Araujo ultimately claimed that he sustained portion of the tooth. lates his nerves. an injury of his brain’s frontal lobe, with Facts & Allegations: associated displacement of the optic nerve. After several hours had passed, Hagins pre- Hagins claimed that his jaw remains pain- On Oct. 21, 2008, plaintiff Fernando Arau- He also claimed that he sustained a tear of sented to White Plains Hospital, in White ful, and he contended that the implanted jo, a union-affiliated painter in his 40s, one hip’s labrum. Plains. He underwent an MRI scan of his motor limits his performance of certain worked at a chemical-storage facility that jaw, and he was transferred to Westchester activities. He contended that he cannot re- was located at 2400 Buffalo Ave., in the city Araujo contended that his head’s injury Medical Center, in Valhalla. After four days sume work, and he claimed that his unem- of Niagara Falls. Araujo was painting a large resulted in impairment of cognitive func- of observation and treatment, Hagins un- ployment caused a loss of medical benefits. chemical tank, and the work necessitated tions that include his concentration, his derwent extraction of the remaining por- He also contended that additional medical his use of a 24-foot-tall scaffold. Araujo fell information-processing skills, his memory tion of his problematic tooth. The proce- treatment is necessary. while he was ascending the attached ladder and his verbal fluency. He also contended dure was performed by Dr. Michael Miller. that provided access to the scaffold’s plat- that he suffered anxiety and depression. He Hagins was discharged during the ensuing Hagins sought recovery of past and future form. He plummeted about 12 feet, and underwent neuropsychological counseling, day. medical expenses, past and future lost earn- he claimed that he sustained injuries of his but he claimed that his symptoms persist. ings, and damages for past and future pain head and a hip. He claimed that he requires a residential Hagins subsequently developed an intense- and suffering. assistant for three hours a day, and he con- ly painful condition of his jaw. After four Araujo sued the premises’ owner, Olin tended that, by the time he reaches the age weeks had passed, a dentist determined Defense counsel contended that Hagins Corp., and a contractor that had erected the of 65, he will require an assistant during that Hagins was suffering a fracture of his can work. scaffold, Thyssenkrupp Safway Inc. Araujo all waking hours. He also contended that mandible, a transection of his lingual nerve alleged that the defendants violated the he will have to undergo replacement of his and damage of his face’s trigeminal nerve. Hagins and Miller negotiated a high/low New York State Labor Law. damaged hip. Hagins claimed that the injuries were a stipulation: Miller’s monetary obligation result of the procedures that Miller and could not exceed $1.6 million, but it had Araujo claimed that the ladder swung and Araujo further claimed that he cannot re- Moody performed. to equal or exceed $450,000. tossed him while he was ascending it. He sume his job or most other forms of manual contended that the ladder and scaffold were labor, and he contended that he will not be Hagins sued Miller and Moody. He alleged Result: not properly constructed. He also contend- able to procure work that pays more than that the doctors failed to render proper During the trial, Hagins and Moody negoti- ed that he had not been provided a harness the minimum wage. He sought recovery treatment, that they failed to obtain in- ated a settlement. Moody’s insurer agreed of any other safety device that could have of about $8 million for his future medical formed consent to the treatment that they to pay $1 million. The jury found that prevented his fall or his injuries. expenses, about $2.4 million for his future rendered and that their failures constituted Miller and Moody departed from accepted lost earnings, and unspecified damages for malpractice. standards of medical care, that each failed Araujo’s counsel claimed that the incident his past and future pain and suffering. to obtain informed consent to the proce- stemmed from an elevation-related hazard, Plaintiff’s counsel claimed that Miller and dures that he performed, and that Miller as defined by Labor Law § 240(1), and that Result: Moody performed improper and overly and Moody were equally liable for Hagins’ Araujo was not provided the proper, safe Defense counsel moved for summary judg- forceful maneuvers that damaged Hagins’ injuries. The jury determined that Hagins’ equipment that is a requirement of the stat- ment. During pendency of the motion, jaw and lingual nerve. They contended that damages totaled $7,663,260. Miller must ute. They also claimed that the site was not the parties negotiated a settlement, which
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was finalized via the guidance of media- Injuries/Damages: No. 7 tiffs’ expert obstetrician submitted a report tor Douglas Coppola, of The Law Offices fracture, femur; fracture, tibial plateau; soft in which he opined that timely detection of Douglas Coppola, in Buffalo. The tissue; fracture, transverse process; fracture, Obstetrician, nurse overlooked would have allowed earlier performance of defendants agreed to pay a total of rib; fracture, hip; knee; amputation, leg fetus’s hypoxia, mother claimed the Caesarean delivery, and he contended $7.25 million. (above the knee); prosthesis; fracture, leg; that an earlier delivery would have averted fracture, L2; fracture, L3; neuroma; physical Medical Malpractice — OB-GYN - Failure to Monitor & Zoe’s injury. Editor’s Note: therapy; psychiatric; phantom pain. Detect – Childbirth – Brain Injuries – Cerebral Palsy This report is based on information Plaintiffs’ counsel also claimed that Burg- that was provided by plaintiff’s counsel. Russo sustained catastrophic injuries of his Settlement: $6,500,000 er and Guzman did not properly manage Defense counsel did not respond to the right leg, including a near-total amputation Case: Zoe Cargill an Infant by Her Mother Zoe’s delivery. She contended that a moni- reporter’s phone calls. of the upper portion of the leg; a fracture and Natural Guardian, Tieisha Rivera, and tor revealed that the fetus’s heart’s beating of the femur’s head, which is a lower com- Tieisha Rivera, Individually v. Francine was not demonstrating the constant vari- ponent of the hip’s joint; a fracture of the Guzman M.D. Pollack Barbaccia & Guz- ability that is typical of a healthy infant’s tibial plateau, which is a lower component man, M.D., P.C., Frank L. Sun, M.D., Mari- heart. She also contended that the heart’s of the knee’s joint; and severe damage of ana Burger, R.N., and Mercy Medical Cen- functioning continually decelerated dur- soft tissue. He also sustained fractures of ter, No. 19895/08 ing a period that spanned three hours. The No. 6 the transverse processes of his L2 and L3 Court: Nassau Supreme plaintiffs’ expert nurse agreed that the mon- vertebrae and fractures of several ribs. Judge: None reported itor’s indications suggested distress, and Man hit by car during aftermath of Date: 3/20/2012 the plaintiffs’ expert obstetrician opined highway accident, lost leg Russo was placed in an ambulance, and that the monitor’s indications should have he was transported to Sound Shore Medi- Plaintiff Attorney(s): prompted immediate performance of a Motor Vehicle - Pedestrian cal Center, in New Rochelle. Doctors were Danielle George, New York, NY of Levy Caesarean delivery. not able to repair his right leg, so an above- Phillips & Konigsberg, LLP (now at Phillips Settlement: $7,000,000 the-knee amputation was performed. His & Paolicelli, LLP, NYC) Pollack Barbaccia & Guzman’s counsel Case: Joseph V. & Jennifer Russo v. Scheidt hospitalization lasted about 14 days, and it contended that sonographies and other & Bachmann USA, Inc. & Angelo Zuardo, was followed by about 21 days of inpatient Facts & Allegations: tests indicated that the fetus was exhibiting No. 10733/10 rehabilitation. On May 4, 2006, plaintiff Zoe Cargill was appropriate development, growth and size. Court: Orange Supreme born. The delivery was performed by ob- He claimed that the practice’s staff did not Judge: Robert A. Onofry In December 2010, Russo underwent the stetrician Dr. Francine Guzman, at Mercy observe anything that suggested that the Date: 6/9/2012 application of a prosthetic leg. In De- Medical Center, in Rockville Centre. Guz- mother’s placenta could not adequately cember 2011, he underwent surgery that man was assisted by a neonatologist, Dr. support the child. Plaintiff Attorney(s): addressed a neuroma of the remaining Frank Sun. Doctors subsequently deter- Scott E. Rynecki, Rubenstein & Rynecki, natural portion of his right leg. His spi- mined that Zoe suffers cerebral palsy. Zoe’s Pollack Barbaccia & Guzman’s counsel Brooklyn, NY nal fractures were addressed via physical mother, Tieisha Rivera, claimed that the also contended that monitors did not re- therapy. He also underwent psychiatric condition is a result of an injury that oc- veal problematic functioning of the fetus’s Facts & Allegations: counseling that addressed the trauma as- curred during Zoe’s delivery. heart, and he claimed that an MRI scan’s On June 29, 2010, plaintiff Joseph Russo, sociated with his amputation, and he un- results supported that contention. He sug- 35, a servicer of air-conditioning, heating dergoes physical therapy to improve his Rivera, acting individually and as Zoe’s par- gested that Zoe’s palsy is a result of chronic and ventilation systems, was driving on the right leg’s functionality. ent and natural guardian, sued Guzman; hypoxia that could not have been detected northbound side of the New England Thru- Guzman’s employer, Pollack Barbaccia & or prevented. way, near its interchange at North Avenue, Russo claimed that he experiences “phan- Guzman M.D. P.C., which had managed in New Rochelle. Russo’s vehicle collided tom” pain that seemingly stems from the Rivera’s prenatal care; Sun; Mercy Medi- Injuries/Damages: with another northbound vehicle. Russo missing portion of his right leg. He con- cal Center; and a nurse who had managed cerebral palsy; spastic quadriplegia; brain stopped in the left northbound lane, exited tended that he requires constant use of a Zoe’s delivery, Mariana Burger. The plaintiffs damage; hypoxia his vehicle and began to speak to the other cane and that he cannot resume work. alleged that Guzman and his practice’s staff motorist. One of the damaged vehicles was failed to properly manage Rivera’s prenatal Plaintiffs’ counsel claimed that Zoe sus- struck by a vehicle that was being driven by Russo sought recovery of his past and fu- care; that Burger, Guzman and Sun failed tained hypoxia that damaged her brain. Angelo Zuardo. The vehicle was propelled ture medical expenses, past and future lost to properly manage Zoe’s delivery; that the Zoe suffers retardation and spastic quad- forward, and it struck Russo and two oth- earnings, and damages for his past and fu- failures constituted malpractice; and that riplegia. She requires constant aid and er people. Russo sustained injuries of his ture pain and suffering. Mercy Medical Center was vicariously liable monitoring, and her mental and physical back, a hip, a knee, a leg and several ribs. for the actions of Burger and Sun. disabilities will prevent her procurement of Russo sued Zuardo and the owner of Zuar- Defense counsel contended that Russo can an education and work. Plaintiffs’ counsel do’s vehicle, Scheidt & Bachman USA Inc. resume work and most aspects of a normal Sun was dismissed, and the matter pro- contended that Zoe will require about $80 Russo alleged that Zuardo was negligent in life. ceeded against the remaining defendants. million of care. the operation of his vehicle. Russo further alleged that Scheidt & Bachman was vicari- Result: Plaintiffs’ counsel claimed that Zoe’s palsy Zoe’s mother sought recovery of Zoe’s past ously liable for Zuardo’s actions. The parties negotiated a pretrial settlement. is a result of a hypoxic event that occurred and future medical expenses,Zoe’s lost The defendants’ insurer agreed to pay $7 during the three hours that preceded her earnings, and damages for Zoe’s past and Russo claimed that Zuardo failed to exer- million. delivery. She contended that Zoe was an future pain and suffering. She also present- cise due caution. extremely small baby, and she claimed ed a derivative claim. Editor’s Note: that an extremely small fetus bears an in- Zuardo contended that the accident was This report is based on information that creased susceptibility to hypoxic events. Result: unavoidable. He claimed that the collision was provided by plaintiffs’ counsel. De- She claimed that the fetus’s growth was re- The parties negotiated a pretrial settlement. occurred a moment after his vehicle’s rear fense counsel did not respond to the re- tarded by insufficiency of the mother’s pla- Burger’s insurer agreed to pay $1,625,000, end had been struck by a trailing vehicle porter’s phone calls. centa, but that Guzman and his practice’s and pushed forward. staff failed to detect the problem. The plain- -Continued on p14
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-Continued from p13 It was undisputed that the latches hold- several minutes in hot asphalt and sus- During the evening of Oct. 30, 2009, plain- ing the tailgate could not be properly se- tained third- and fourth-degree burns of a tiff Lech Wlodkowski, 46, a bricklayer, and the remaining defendants’ insurers cured, because of an accumulation of dried total of about 50 percent of his body. He worked at a renovation site that was locat- agreed to pay a total of $4,875,000. Thus, asphalt, and that safety chains from both was taken by helicopter to Nassau Uni- ed at 1001 Jennings St., in the Crotona Park the settlement totaled $6.5 million. sides of the tailgate to the truck body would versity Medical Center, in East Meadow, East section of the Bronx. Wlodkowski fell have prevented the tailgate from opening. where he underwent emergency skin grafts off of a ladder while he was working outside and debridements. Between October and of a second-story window. He plummeted LaPera’s counsel contended that R/S-God- December 2005, he underwent escharoto- to the ground, and he sustained injuries of win Truck Body created a defect by not per- mies, contracture-release procedures, three his back, his head, his neck and a wrist. manently affixing the safety chains to the excisions of burned tissue of the lower truck. They further contended that the acci- extremities, four skin grafts, and nine de- Wlodkowski sued the premises’ owner, the No. 8 dent easily could have been prevented had bridements and dressing changes under city of New York; the premises’ operator, either defendant affixed the safety chains heavy sedation. He subsequently began to the New York City Department of Educa- Worker burned when truck spilled to the tailgate to avoid any risk of human be treated with physical therapy and pain tion; and the renovation project’s manager, hot asphalt error. management and continued treatment past the New York City School Construction the time of trial. Authority. He alleged that the defendants Products Liability — Automobile — Design Defect — LaPera’s counsel also contended that warn- violated the New York State Labor Law. Products Liability — Failure to Warn — Automobiles ing labels requiring the placement of the LaPera contended that the injuries result- safety chains were insufficient, as the re- ed in pain and limitations that rendered Wlodkowski claimed that he had not been Settlement: $6,000,000 peated asphalt use made the warnings il- him unable to sit or stand for long periods provided an adequate means of accessing Case: Richard LaPera and Helena LaPera legible. They claimed that the defendants and unable to resume work. He also suf- the window. He contended that he had to v. Gabrielli Truck Sales, Ltd., Mack Trucks, could neither warn away a design defect fers scars, disfigurement, skin defects and utilize a closed A-frame ladder that was Inc. and R&S-Godwin Truck Body Co., LLC, nor blame the town when the uses, or mis- loss of strength; he is unable to wear shoes resting against the side of the building. No. 20111/07 uses, of the equipment were foreseeable. because of toe deformities; and he suffers Court: Nassau Supreme pruritus, which often leads to bleeding. Plaintiff’s counsel claimed that the incident Judge: Thomas Feinman Each defendant’s counsel contended that stemmed from an elevation-related hazard, Date: 1/24/2012 the town knew for years that the safety LaPera sought recovery of damages for his as defined by Labor Law § 240(1), and that chains were missing and that safe practice past and future pain and suffering. His wife Wlodkowski was not provided the proper, Plaintiff Attorney(s): required the chains to be installed so the presented a derivative claim. safe equipment that is a requirement of the David J. Dean, Sullivan Papain Block tailgate could be properly secured. They statute. McGrath & Cannavo PC, New York, NY claimed that the town’s employees caused Result: the accident by using the truck for some After LaPera’s counsel’s presentation of his Defense counsel contended that Wlod- Facts & Allegations: two years and failing to install the chains, case, the parties negotiated a settlement. kowski voluntarily positioned and ascend- On Oct. 1, 2005, plaintiff Richard LaPera, by failing to report the missing chains Gabrielli Truck Sales’ insurer agreed to pay ed the ladder. 47, a laborer, worked at the intersection of during daily inspections and by failing to $5 million, and R/S-Godwin Truck Body’s Cardinal Drive and Flamingo Road, in East properly clean the latches. insurer agreed to pay $1 million. Thus, the Injuries/Damages: Hills. LaPera and others were paving the settlement totaled $6 million. comminuted fracture; fracture, radius; con- road, using asphalt dispensed from a dump R/S-Godwin Truck Body’s counsel con- cussion; herniated disc at C2-3; herniated truck. The truck’s tailgate unexpectedly tended that safety chains were permanently disc at C6-7; complex regional pain syn- opened during the course of the work, and affixed to the tailgate if they were delivered drome; physical therapy; epidural injec- asphalt spilled onto LaPera and two other locally, but that if the trucks were driven tions; fracture, wrist; head; bulging disc, workers. LaPera claimed that he sustained hundreds of miles to the seller, the safety No. 9 lumbar; reflex sympathetic dystrophy; re- burns of more than half of his body. chains were not affixed to the tailgate, as spiratory the drive would cause them to bang against Bricklayer claimed he hurt spine, LaPera sued the truck’s manufacturer, Ivel, the truck and chip the paint. He claimed head in fall from ladder Wlodkowski sustained a concussion; a Ky.-based R/S-Godwin Truck Body Co., that it was customary to not permanently comminuted fracture of the distal region of LLC; the manufacturer of the truck’s chas- affix the safety chains during manufactur- Worker/Workplace Negligence — Slips, Trips & Falls — his left, nondominant arm’s radius, which sis, Greensboro, N.C.-based Mack Trucks ing, but to provide them in boxes. He also Fall from Height forms an upper portion of the wrist; herni- Inc.; and the retailer from which the truck claimed that the safety chains were only ations of his C2-3 and C6-7 intervertebral had been purchased, Jamaica, N.Y.-based necessary when the tailgate chutes were Settlement: $5,900,000 discs; and trauma that produced bulges of Gabrielli Truck Sales Ltd. LaPera alleged being used. However, LaPera’s expert me- Case: Lech Wlodkowski v. City of New York his L4-5 and L5-S1 discs. He also claimed that the truck’s chassis and tailgate were de- chanical engineer opined that R/S-Godwin The N.Y.C. School Construction Authority that the upper portion of his left arm de- fectively designed. He further alleged that Truck Body’s reason for not affixing the & The N.Y.B.O.E., No. 301848/10 veloped complex regional pain syndrome, Gabrielli Truck Sales was strictly liable for safety chains to the tailgate was not cred- Court: Bronx Supreme which is a chronic neurological condition those defects. ible, and he contended that various protec- Judge: None reported that is typically characterized by severe tive coverings could have been placed over Neutral(s) : Kenneth Grundstein burning pain, pathological changes of bone The defendants impleaded the paving proj- the safety chains to prevent any paint chip- Date: 7/16/2012 and skin, excessive perspiration, swollen ect’s supervisor, the town of North Hemp- ping during the journey. tissue, and/or increased sensitivity to phys- stead. The first-party defendants alleged Plaintiff Attorney(s): ical stimuli. The syndrome is alternately that the town was negligent in its supervi- Injuries/Damages: Daniel P. O’Toole (lead), Block, O’Toole & termed “reflex sympathetic dystrophy.” sion of the workers. burns; burns, fourth degree; burns, third Murphy, LLP, New York, NY degree; skin graft; debridement; contrac- Scott Occhiogrosso, Block, O’Toole & Wlodkowski initially underwent conser- Mack Trucks and the town of North Hemp- ture; scar and/or disfigurement; physical Murphy, LLP, New York, NY vative treatment that included physical stead were dismissed via summary judgment. therapy therapy, the administration of epidural The matter proceeded against Gabrielli Truck Facts & Allegations: injections of steroid-based painkillers and Sales and R/S-Godwin Truck Body. LaPera was submerged below the waist for On Oct. 1, 2005, plaintiff Richard LaPera, the ongoing administration of narcotic
14 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 14 12/14/12 4:31:26 PM Time Matters® The People’s Choice
2012NYTopSettlements52.indd 15 12/14/12 4:31:29 PM 2012 TOP SETTLEMENTS NY
painkillers. He contended that the treat- No. 10 Nielsen claimed that the accident was a re- stabilizing hardware. In October 2010, he ment did not resolve his pain, and he also sult of a failure of the hook that was used underwent decompressive surgery that in- TOP 2012 SETTLEMENTS BY CATEGORY contended that the narcotic painkillers Two-ton beam fell from crane, during the hoisting process. He contended cluded a diskectomy, which involved the cause ongoing impairment of his respira- struck ironworker that the hook broke into several pieces and excision of his C5-6 disc, fusion of the as- tion. On May 24, 2010, he underwent the that another hook had malfunctioned dur- sociated level of his spine and the applica- permanent implantation of a device that Construction Accident — Labor Law — Falling Object — ing the prior day. Nielsen’s counsel claimed tion of stabilizing hardware. stimulates his spinal cord. The device was Alternative Dispute Resolution — Mediation that the equipment was defective and that intended to treat his complex regional pain the defects were apparent or should have Nielsen claimed that his right knee’s inju- Civil Rights & Employ- syndrome. Settlement: $5,700,000 been apparent. They contended that the in- ries caused his adoption of a compensatory Case: Sean Nielsen & Patricia Nielsen cident stemmed from an elevation-related gait that overburdened his left knee. He Civil Rights & Employment Wlodkowski claimed that he suffers per- v. New York State Dormitory Authority, hazard, as defined by Labor Law § 240(1), contended that his left knee remains pain- manent residual pain and limitations that McKissack Turner Construction/JV, No. and that Nielsen was not provided the ful and that the pain is being addressed via prevent his resumption of work, his house- 106040/08 proper, safe equipment that is a require- physical therapy. He also contended that hold chores and many other physical activ- Court: New York Supreme ment of the statute. They also contended his right shoulder and elbow remain pain- ities. He contended that he undergoes psy- Judge: None reported that the Dormitory Authority of the State ful, and he claimed that surgery has been Civil Rights chotherapy that addresses his chronic pain. Neutral(s) : Robert Adams of New York violated the general safety pro- recommended for his right elbow. He con- ment Civil Rights He also contended that he requires lifelong Date: 2/21/2012 visions of Labor Law § 200. tended that his residual injuries prevent his treatment that includes monitoring of his resumption of his job. implanted stimulator, his use of painkillers Plaintiff Attorney(s): McKissack Turner Construction’s counsel and a residential assistant. Wlodkowski’s David H. Mayer, Sacks & Sacks, LLP, New contended that the accident was a result Nielsen also claimed that he suffers re- Employment treating orthopedist submitted a report in York, NY (Patricia Nielsen, Sean Nielsen) of Nielsen’s failure to properly apply the sidual post-traumatic stress disorder, with Employment which he opined that Wlodkowski must Kenneth Sacks, Sacks & Sacks, LLP, New choker. He claimed that Nielsen’s employ- symptoms that include insomnia and trau- undergo fusion of a portion of his spine’s York, NY (Patricia Nielsen, Sean Nielsen) er, Midlantic Erectors, failed to properly matic memories of the accident. lumbar region. train and supervise Nielsen. Facts & Allegations: Nielsen sought recovery of about $200,000 Wlodkowski sought recovery of his past On Jan. 23, 2008, plaintiff Sean Nielsen, Counsel of Metropolitan Steel Industries for his past medical expenses, $6,179,000 Hotel/Restaurant and future medical expenses, a total of 35, an ironworker, worked at a construc- and Midlantic Erectors contended that the for his future medical expenses, a total of $5,010,206 for his future life-care needs, an tion site that was located at 1650 Bedford accident was a result of a failure of the hook $8,156,000 for his past and future lost unreported amount for past and future lost Ave., in the Crown Heights South section that was used during the hoisting process. earnings, and unspecified damages for his earnings, and damages for his past and fu- of Brooklyn. A crane was transferring 2-ton The Crosby Group’s counsel contended past and future pain and suffering. His wife ture pain and suffering. steel beams from one area of the site to that its equipment was not defective. presented a derivative claim. another, and Nielsen’s responsibilities in- Defense counsel contended that Wlod- volved the application of a choker: a two- Injuries/Damages: Result: kowski did not suffer complex regional looped steel cable that secured the horizon- herniated disc at C5-6; anterior cruciate The parties negotiated a pretrial settle- pain syndrome and that post-accident di- tally oriented beams and was hooked and ligament, tear; medial collateral ligament, ment, which was finalized via the guidance agnostic studies suggest that Wlodkowski latched to the crane. One beam fell while damage; Achilles tendon, tear; medial me- of mediator Robert Adams, of National is exaggerating the extent of his pain and it was being hoisted, and it struck Nielsen. niscus, tear; herniated disc at L5-S1; fu- Arbitration and Mediation Inc. Metropoli- limitations. Nielsen claimed that he sustained injuries sion, lumbar; discectomy; rotator cuff, in- tan Steel Industries and Midlantic Erectors of his back, an elbow, a heel, a knee, his jury (tear); fusion, cervical; elbow; physical agreed to pay a total of $5.7 million. The The defense’s vocational-rehabilitation neck and a shoulder. therapy; post-traumatic stress disorder; de- remaining defendants did not contribute. expert submitted a report in which she compression surgery; epidural injections opined that Wlodkowski can resume brick- Nielsen sued the project’s general contrac- Editor’s Note: laying work or perform sedentary work that tor, McKissack Turner Construction/JV, and Nielsen claimed that he sustained hernia- This report is based on court documents, would provide similar earnings. the premises’ managing agent, the Dormi- tions of his C5-6 and L5-S1 intervertebral information that was provided by plain- tory Authority of the State of New York. discs; tears of his right knee’s anterior cru- tiffs’ counsel and information that was Result: Nielsen alleged that the defendants violat- ciate ligament, medial collateral ligament provided by defense counsel. Plaintiff’s counsel moved for summary ed the New York State Labor Law. and medial meniscus; a tear of his right judgment of liability. During pendency of heel’s Achilles tendon; a tear of his right the motion, the parties negotiated a settle- The Dormitory Authority of the State of shoulder’s rotator cuff; compression of the ment, which was finalized via the guid- New York impleaded a subcontractor that same shoulder’s subacromial region; fray- ance of mediator Kenneth Grundstein. was performing steelwork; Metropolitan ing of the same shoulder’s labrum; and The defendants agreed to pay a total of Steel Industries Inc.; and a subcontractor damage of a ligament of his right elbow. $5.9 million. that Metropolitan Steel Industries hired, Midlantic Erectors Inc. The Dormitory Au- In September 2008, Nielsen underwent thority of the State of New York alleged that surgery that addressed the injuries of his Metropolitan Steel Industries and Midlan- right knee. In August 2009, he underwent tic Erectors controlled and directed Niels- decompressive surgery that addressed his en’s work functions. right shoulder.
Metropolitan Steel Industries and Midlan- Nielsen’s spinal injuries were initially ad- tic Erectors impleaded the manufacturer of dressed via physical therapy and the admin- the hooks and latches that were using dur- istration of epidural injections of steroid- ing the hoisting work, The Crosby Group based painkillers, but Nielsen contended Inc. Metropolitan Steel Industries and Mid- that the treatment did not relieve his pain. lantic Erectors alleged that the equipment In May 2009, he underwent fusion of his was defective. spine’s L5-S1 level, with the application of
16 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 16 12/14/12 4:31:34 PM TOP 2012 SETTLEMENTS BY CATEGORY Civil Rights & Employ- Civil Rights & Employment
mentCivil Rights Civil Rights Employment Hotel/Restaurant
2012NYTopSettlements52.indd 17 12/14/12 4:31:38 PM 2012 TOP SETTLEMENTS NY Civil Rights TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Pena-Barrero v. The City of New York 5/30/12 U.S. District City employee claimed unfair Samuel O. Maduegbuna, New York, NY of $600,000 Court, S.D.N.Y treatment, discrimination Maduegbuna Cooper, LLP Construction and Employment
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT In Re Novartis Wage and Hour Litigation 8/10/12 United States Pharmaceutical sales reps denied David W. Sanford (lead), Katherine M. Kimpel, Deborah Marcuse $99,000,000 District Court, overtime pay: Plaintiffs & Grant Morris of D.C. office & Jeremy Heisler, New York, NY of S.D.N.Y, Sanford, Wittels Law Firm New York Glaves-Morgan v. City of New York 4/25/12 U.S. District Retaliation: Demoted executive Samuel O. Maduegbuna, New York, NY of Maduegbuna Cooper $750,000 Other Workplace Safety Court, S.D.N.Y blamed bias, retaliation LLP
Equal Employment Opportunity Commis- 4/11/12 U.S. District Age Discrimination: Firm's over-70 Raechel L. Adams, New York, NY of U.S. Equal Employment $574,000 sion v. Kelley Drye & Warren, LLP Court, S.D.N.Y pay-cut rule was discriminatory, at- Opportunity Commission; Jeffrey C. Burstein, Newark, NJ of torney claimed U.S. Equal Employment Opportunity Commission Construction Accident Haynes v. The City of New York 3/1/12 U.S. District Wrongful Termination: Samuel O. Maduegbuna, New York, NY of $465,000 Court, S.D.N.Y Plaintiff claims she was harassed, Maduegbuna Cooper, LLP embarassed because of her race Calverase v. City of Syracuse 2/6/12 U.S. District Gender Discrimination: Female PO A.J. Bosman, Rome, NY of Bosman Law Firm $375,000 Court, N.D.N.Y. claimed that she was subjected to a hostile work enviro Workplace Safety
congratulates its New York members who demonstrated their skill, experience and excellence in advocacy by continuing to win million and multi-million dollar verdicts & settlements in 2012.
!% #" !$ $ # !% #" !$ the top trial lawyers in america® For membership information and a list of members see
18 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 18 12/14/12 4:31:45 PM TOP 2012 SETTLEMENTS BY CATEGORY Construction and
Other Workplace Safety Construction Accident Workplace Safety
2012NYTopSettlements52.indd 19 12/14/12 4:31:52 PM 2012 TOP SETTLEMENTS NY
Construction Accident
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Jamindar v. Uniondale Union Free School 5/10/12 Nassau Worker suffers permanent loss of Larry J. Kramer & Joshua D. Pollack, Mineola, NY of Kramer & $15,000,000 District Supreme legs' use after 30-foot fall Pollack, LLP
Araujo v. Olin Corp. 6/1/12 U.S. District Defective scaffold caused fall, brain Kenneth J. Halperin & Philip A. Russotti, New York, NY of Wing- $7,250,000 Court, W.D.N.Y injury, worker claimed ate, Russotti, Shapiro and Halperin, LLP
Wlodkowski v. City of New York 7/16/12 Bronx Bricklayer claimed he hurt spine, Daniel P. O'Toole (lead) & Scott Occhiogrosso, New York, NY of $5,900,000 Supreme head in fall from ladder Block, O'Toole & Murphy, LLP
Nielsen v. New York State Dormitory 2/21/12 New York Two-ton beam fell from crane, struck David H. Mayer & Kenneth Sacks, New York, NY of Sacks & $5,700,000 Authority Supreme ironworker Sacks, LLP
Cassidy v. HighRise Hoisting & Scaffold- 2/1/12 New York Fall from platform ended career, J.P. Delaney & Victor Greco, New York, NY of O'Dwyer & Bern- $5,600,000 ing Inc. Supreme concrete specialist claimed stien, L.L.P.
Oo v. Prompt Apparel Inc 2/15/12 Kings Shocked worker fell 5 feet, sustained Stanley A. Tomkiel, III, Scarsdale & Manhattan, NY of Tomkiel & $5,260,000 Supreme spinal fracture Tomkiel PC
Dedndreaj v. A.B.C Carpet 10/12/12 Bronx Worker hit by falling pipe, claimed Daniel P. O'Tool & Scott Occhiogrosso of Block O'Toole & Mur- $4,500,000 Supreme disabling spinal injuries phy, LLP, New York, NY
Burke v. Hilton Resorts Corp. 3/7/12 New York Ironworker claimed 15-foot fall David H. Mayer & Kenneth Sacks, New York, NY of Sacks & Sacks $4,500,000 Supreme through floor ended career We have more than 45 years combined experience representing both plaintiffs and defendants in personal injury actions. We have handled complex cases involving Blandina v. Turner Construction 6/13/12 Kings Labor Law: Plaintiff's injuries cause David H. Mayer (lead) & Kenneth Sacks, New York, NY of Sacks $4,275,000 serious permanent injuries including burns, fractures, lead paint poisoning, paralysis, birth defects and wrongful death. Many of the cases we have handled, and some Supreme by inadequate safety devices and & Sacks, LLP procedures of the cases we are currently working on, are high profile cases reported nationally in the media. We strive to prepare every case in a light most favorable to our client. We thoroughly prepare every case with great attention to detail. We are equipped, experienced and prepared to try any case. A full time MD is on staff who reviews, Kelmendi v. Brooklyn Navy Yard Develop- 6/12/12 Kings Fall into trench caused disabling Daniel P. O'Toole & Scott Occhiogrosso, New York, NY of Block, $4,250,000 ment Corp. Supreme injuries, excavator claimed O'Toole & Murphy, LLP summarizes and deciphers the medical records on each case. Employing a physician is a substantial expense, however our firm and our clients have benefited greatly from his knowledge, insight, experience and opinions. Singh v. BE Bronx Builders LLC 8/22/12 Bronx Laborer struck by falling beam, sus- S. Joseph Donahue (lead) & Jeffrey A. Block, New York, NY of $3,750,000 Supreme tained severe ankle injury Block O'Toole & Murphy, LLP There are many reasons to choose Kramer & Pollack. The firm has been bestowed the honor of inclusion in Super Lawyers for many years. Additionally, Mr. Kramer and Pantoja v. City of New York 6/3/12 Bronx Scaffold accident ended career, Paul Dansker & Douglas E. Hoffer, New York, NY of Dansker & $3,500,000 Mr. Pollack have been recognized as “Top New York” attorneys as published in the New York Times. They obtained, in the Jamindar case, the largest settlement for 2012 Supreme carpenter claimed Aspromonte Associates in Nassau County. In the Jamindar case, the plaintiff’s sister, a personal injury lawyer, wanted to select the best firm to represent her brother. After considering many of New York’s top firms she told her brother to retain Kramer & Pollack. To this day Mr. Jamindar and his sister remain steadfast in their opinion that selecting Kramer & Pollack was one of the best decisions they have ever made.
Jamindar v. Uniondale Union Free School District - Settlement: $15,000,000.00
5/10/2012 Nassau Supreme
Tomkiel & Tomkiel, PC Worker suffers permanent loss of legs’ use after 30-foot fall Tomkiel and Tomkiel, PC was rst established in New York as a partnership between Stanley A. Tomkiel, Sr. and Stanley A. Tomkiel, III. From the very start in 1979, our mission has been helping accident victims get fair and full nancial compensation for their losses. This commitment to service continues with the third Tomkiel generation, Matthew P. Tomkiel, who joined the rm #1 Reported Settlement IN THE HISTORY of Nassau County (per Verdict Search database) in 2003, and Melissa M. Tomkiel in 2011. John P. Margand, an experienced New York City medical malpractice attorney, joined the rm as special counsel in 2008, and Marco E. Fava joined as counsel in 2011. S. Robert Princiotto is New Jersey counsel. The rm #1 Reported Settlement in Nassau County 2012 (per Verdict Search database) is listed in the Bar Register of Pre-Eminent Lawyers, America’s most exclusive directory of law rms. #1 Reported Construction Settlement in New York State 2012 Stanley A. Tomkiel, III, who personally handled ve of the cases which are featured in the current issue of the New York Law Journal’s Top Verdicts of 2011, is admitted to practice law in New York and Florida. He graduated from Cathedral #3 Reported Settlement in New York State 2012 Preparatory School (N.Y.,N.Y.), Manhattan College (Riverdale, N.Y.), and Western New England College, School of Law (Spring eld, Mass.). He handles complex serious injury cases. Many of his settlements and verdicts have been reported in state and national professional publications, including the American Justice Association (formerly Association of Trial Lawyers of America) Law Reporter, the New York Jury Verdict Reporter and the New York Law Journal. Stanley A. Tomkiel, III. De La Cruz v. New York City Transit Authority - Jury Verdict: $16,000,000.00 Mr. Tomkiel has achieved the AV® Rating by Martindale Hubbell, its highest rating in legal ability and ethics as established by con dential opinions from members of the Bar and Judiciary. He lectures at continuing legal education seminars, and is a member of numerous professional associations including the American Association for Justice, New York State Trial 7th highest reported verdict in the State of New York and the highest verdict in Queens County for 2005 Lawyers Association, Florida Justice Association, Injured Workers Bar Association , New York Injured Workers Alliance, WESTCHESTER Workers’ Compensation Alliance, Westchester County Bar Association, Yonkers Lawyers Association, Bronx County 670 White Plains Road, Suite 322 Bar Association, and the Eastchester Bar Association. He has served as President, of the Catholic Coalition of Scarsdale, NY 10583 Westchester (1995-2004), President Yonkers Lawyers Association, (1995 – 1996), Chairperson of the Workers’ Compensation Phone: 914-723-1700 Committee, Westchester Bar Association, (1983 – 1987), Member, Town of Somers, New York Zoning Board of Fax 914-723-1788 Appeals, (1983 – 1987). He is the author of The Social Security Bene ts Handbook (Sourcebooks) and the online edition (www.SocialSecurityBene tsHandbook.com). Long Island Office Manhattan Office MANHATTAN 25 Roslyn Road, 2nd Floor 15 Maiden Lane, Suite 1400 270 Madison Avenue, Suite 1500 Mineola, NY 11501 New York, NY 10038 New York, NY 10016 516-PIATTYS (516) 742-8897 212-ANSWERS (212) 267-9377 Phone: 212-599-1001 www.tomkiel.com JOGP!BOTXFSTDPNtXXXBOTXFSTDPN NO FEE UNLESS YOU WIN 20 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 20 12/14/12 4:41:48 PM We have more than 45 years combined experience representing both plaintiffs and defendants in personal injury actions. We have handled complex cases involving serious permanent injuries including burns, fractures, lead paint poisoning, paralysis, birth defects and wrongful death. Many of the cases we have handled, and some of the cases we are currently working on, are high profile cases reported nationally in the media. We strive to prepare every case in a light most favorable to our client. We thoroughly prepare every case with great attention to detail. We are equipped, experienced and prepared to try any case. A full time MD is on staff who reviews, summarizes and deciphers the medical records on each case. Employing a physician is a substantial expense, however our firm and our clients have benefited greatly from his knowledge, insight, experience and opinions.
There are many reasons to choose Kramer & Pollack. The firm has been bestowed the honor of inclusion in Super Lawyers for many years. Additionally, Mr. Kramer and Mr. Pollack have been recognized as “Top New York” attorneys as published in the New York Times. They obtained, in the Jamindar case, the largest settlement for 2012 in Nassau County. In the Jamindar case, the plaintiff’s sister, a personal injury lawyer, wanted to select the best firm to represent her brother. After considering many of New York’s top firms she told her brother to retain Kramer & Pollack. To this day Mr. Jamindar and his sister remain steadfast in their opinion that selecting Kramer & Pollack was one of the best decisions they have ever made.
Jamindar v. Uniondale Union Free School District - Settlement: $15,000,000.00
5/10/2012 Nassau Supreme
Worker suffers permanent loss of legs’ use after 30-foot fall
#1 Reported Settlement IN THE HISTORY of Nassau County (per Verdict Search database)
#1 Reported Settlement in Nassau County 2012 (per Verdict Search database) #1 Reported Construction Settlement in New York State 2012 #3 Reported Settlement in New York State 2012
De La Cruz v. New York City Transit Authority - Jury Verdict: $16,000,000.00
7th highest reported verdict in the State of New York and the highest verdict in Queens County for 2005
Long Island Office Manhattan Office 25 Roslyn Road, 2nd Floor 15 Maiden Lane, Suite 1400 Mineola, NY 11501 New York, NY 10038 516-PIATTYS (516) 742-8897 212-ANSWERS (212) 267-9377
JOGP!BOTXFSTDPNtXXXBOTXFSTDPN NO FEE UNLESS YOU WIN
2012NYTopSettlements52.indd 21 12/14/12 4:31:58 PM 2012 TOP SETTLEMENTS NY
Construction Accident CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT # Watson v. Pacific Vanderbilt Development 10/1/12 Kings Laborer claimed demolition site's David H. Perecman, New York, NY of The Perecman Firm, PLLC $3,400,000 Co., LLC Supreme collapse ended his career NAM CHOSEN AS THE 1 ADR FIRM
Ritacco v. One Bryant Park, LLC. 3/14/12 New York Marble setters claimed accident Kenneth J. Halperin, New York, NY of Wingate, Russotti & $3,300,000 Supreme caused permanent disabilities Shapiro, LLP SECOND YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY
Aranda v. 34 East 30th Street Corp 2/8/12 Queens Fall from ladder caused brain injury, Daniel P. O'Toole & Scott Occhiogrosso of Block, O'Toole & $3,000,000 Supreme worker claimed Murphy, LLP
Duran v. Jane St. Hospitality, LLC 6/19/12 Kings Ladder accident led to two spinal David H. Perecman (lead) & Michael Caliguiri, New York, NY of $2,900,000 Supreme injuries, plaintiff claimed The Perecman Firm, New York, NY, trial counsel; Jacob Oresky, NAM Congratulates Labor Law Bronx, NY of Jacob Oresky & Associates, PLLC Rivero v. FSG Yonkers Hotels, LLC. & Pro 10/18/12 Kings Unsecured ladder caused accident, Jordan D. Hecht of Hecht, Kleeger & Pintel, New York, NY $2,800,000 Con Inc Supreme steel worker claimed Mediator Robert Adams, Esq. Geller v. Pavarini Construction Co. Inc. 4/5/12 New York Worker struck by crane's loads, Joseph P. Carfora & Daniel Weir, New York, NY of Sacks & Sacks, $2,775,000 Voted one of the Top Ten Best Individual Mediators in Supreme claimed he hurt back and knee LLP
Colon v. Hilton Resorts Corp. 6/15/12 New York Worker claimed he was told to climb S. Joseph Donahue (lead) & Jeffrey A. Block, New York, NY of $2,700,000 New York State for two consecutive years by the Supreme wall, rather than use ramp Block, O'Toole & Murphy, LLP New York Law Journal Rankings Survey Noce v. AJJMD Realty Corp. 9/7/2012 Supreme Settlement for heavy equipment Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & $2,600,000 Kings operator who was struck in the head Finz P.C. by the bucket of an excavator Li v. Centre Hester Realty, LLC. 3/20/12 New York Worker claimed electric shock Rick J. Rutman, New York, NY of Popick, Rutman & Jaw, L.L.P. $2,500,000 A SAMP LING OF M EDIATED S ETTLEMENTS Supreme knocked him off building HEARING DATE AMOUNT HEARING DATE AMOUNT Reyes v. Metro Loft Management LLC 2/6/12 New York Fall through building's floor ended Stephen J. Murphy, New York, NY of Block O'Toole & Murphy, $2,250,000 Supreme career, laborer claimed L.L.P. 1/13/2012 1,950,000 7/19/2012 2,800,000 Kubacki v. 1340 59th Street, LLC 4/2/12 Kings Ladder accident caused disabling Scott Occhiogrosso & Daniel P. O'Toole, New York, NY of Block, $2,200,000 1/25/2012 1,800,000 7/24/2012 2,350,000 Supreme fractures, plumber claimed O'Toole & Murphy, LLP 2/7/2012 2,900,000 8/2/2012 2,000,000 Jinete-Brito v. Linmar Restoration Corp 7/25/12 Bronx Fall from roof caused spine, shoulder Joseph Gorczyca, Jericho, NY of Schwartzapfel Partners P.C. $2,000,000 Robert Adams, Esq. Supreme injuries, worker claimed 2/21/2012 5,700,000 8/9/2012 2,000,000 Former Senior V.P. Risk Management, 2/27/2012 1,800,000 8/22/2012 3,750,000 Saban-Pirir v. Flushing Terrace, LLC 2/13/12 Kings Worker slipped off of scaffold, fell Michael Flaks, New York, NY of Ross, Legan, Rosenberg, Zelen $1,980,000 Tishman Construction Corp. Supreme and broke spine & Flaks 3/15/2012 1,750,000 9/10/2012 4,000,000 Mendoza v. 342 Eldert LLC. 1/13/12 Kings S Scaffold accident caused disabling Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC $1,950,000 Specialties Include: Labor Law, 3/27/2012 2,500,000 9/11/2012 1,500,000 upreme injuries, laborer claimed Construction, Insurance Coverage, 4/4/2012 4,150,000 9/12/2012 2,500,000 Argudo v 32-90 36th Street LLC 10/3/12 Queens Painter who fell from ladder on Stephen J. Murphy & Christopher F. Holbrook of Block O'Toole & $1,750,000 Sports Law, Entertainment, International County scaffold sustained fracture & Murphy, LLP, New York, NY 4/9/2012 2,950,000 9/21/2012 1,500,000 required spinal fusion 4/30/2012 3,300,000 10/1/2012 2,800,000 Feliciano v. Pistilli Construction and De- 4/16/12 Queens Shaky ladder caused fall, disabling Jay S. Hausman & Elizabeth M. Pendzick, Harrison, NY of Haus- $1,750,000 velopment Corp. Supreme injuries, plumber claimed man & Pendzick 5/7/2012 1,800,000 10/1/2012 1,725,000 5/17/2012 4,250,000 10/9/2012 1,700,000 Velez v. Boricua Village Housing Develop- 10/1/12 New York Welder claimed ladder accident S. Joseph Donahue (lead) & Jeffrey A. Block, New York, NY of $1,725,000 ment Fund Co. Inc. Supreme caused disabling injuries Block, O'Toole & Murphy LLP 5/21/2012 1,500,000 10/11/2012 1,750,000 Laboy v Plymouth Ave. Realty LLC 8/2/12 Bronx Plaintiff fell from top of 21 foot lad- Alan J. Stern, Garden City, NY, of Alan J. Stern P.C. $1,550,000 6/15/2012 2,700,000 11/27/2012 2,800,000 Supreme der, sustained fractures
Juriaco v. AB Green Gansevoort, LLC 9/11/12 New York Halved ladder not safe for use, elec- William Cafaro & Steven M. Pivovar, New York, NY of Law Offices $1,500,000 Supreme trician claimed of William Cafaro
Fields v. 100 Carlson Road, LLP 5/30/12 Monroe Fall from scaffold ended career, Ernest A. DelDuchetto, Syracuse, NY of DelDuchetto & Potter $1,500,000 Supreme abatement specialist claimed
Sari vs. Bansuk Construction, Inc. 9/1/12 Queens Plaintiff's fall from inadequate Jacob Oresky of Jacob Oresky & Associates, PLLC $1,425,000 Supreme A-frame ladder caused multiple fractures
Torres v. Our Townhouse LLC 5/3/12 New York Suit: Worker fell from tree after be- Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC $1,400,000 Supreme ing stranded atop scaffold The Better Solution® Roswell v. John Hummel Custom Builders 7/25/12 Suffolk Electrician claimed shaky ladder Stephen J. Murphy (lead) & David L. Scher, New York, NY of $1,250,000 Inc. Supreme caused fall, disabling injuries Block O'Toole & Murphy, LLP 122 East 42nd Street, Suite 803, New York, New York 10168 Sargent v. Plaza at Fifty State Street 3/14/12 Albany Worker, boss disputed availability of Steven B. Dorfman, New York, NY of Friedman & Moses LLP $1,175,000 Supreme safety equipment Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800) 358-2550 www.namadr.com
Galindo v. Shooshtary 7/17/12 Suffolk Stairway's unstable condition wasn't Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $1,100,000 Supreme disclosed, worker claimed
NAM_121012_NY-Law-Journal-Ad-Adams-121912.indd 1 12/11/12 2:21:35 PM 22 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 22 12/14/12 4:32:01 PM NAM CHOSEN AS THE #1 ADR FIRM SECOND YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY
NAM Congratulates Labor Law Mediator Robert Adams, Esq. Voted one of the Top Ten Best Individual Mediators in New York State for two consecutive years by the New York Law Journal Rankings Survey
A SAMP LING OF M EDIATED S ETTLEMENTS
HEARING DATE AMOUNT HEARING DATE AMOUNT 1/13/2012 1,950,000 7/19/2012 2,800,000 1/25/2012 1,800,000 7/24/2012 2,350,000 2/7/2012 2,900,000 8/2/2012 2,000,000 Robert Adams, Esq. 2/21/2012 5,700,000 8/9/2012 2,000,000 Former Senior V.P. Risk Management, 2/27/2012 1,800,000 8/22/2012 3,750,000 Tishman Construction Corp. 3/15/2012 1,750,000 9/10/2012 4,000,000 Specialties Include: Labor Law, 3/27/2012 2,500,000 9/11/2012 1,500,000 Construction, Insurance Coverage, 4/4/2012 4,150,000 9/12/2012 2,500,000 Sports Law, Entertainment, International 4/9/2012 2,950,000 9/21/2012 1,500,000 4/30/2012 3,300,000 10/1/2012 2,800,000 5/7/2012 1,800,000 10/1/2012 1,725,000 5/17/2012 4,250,000 10/9/2012 1,700,000 5/21/2012 1,500,000 10/11/2012 1,750,000 6/15/2012 2,700,000 11/27/2012 2,800,000
The Better Solution®
122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800) 358-2550 www.namadr.com
NAM_121012_NY-Law-Journal-Ad-Adams-121912.indd 1 12/11/12 2:21:35 PM
2012NYTopSettlements52.indd 23 12/14/12 4:32:05 PM 2012 TOP SETTLEMENTS NY Construction Accident TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Jackson v. 1240 First Avenue LLC 4/10/12 New York Carpenter hit by falling wood, Pat James Crispi, New York, NY of Keogh Crispi, P.C. $1,000,000 Supreme claimed injuries of back, shoulder
Ospina v. Disano Construction Co. Inc. 3/9/12 Queens Rooftop worker struck by material Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC $1,000,000 Supreme that fell from crane
Fuentes v. Agris & Brenner, LLC 3/16/12 Queens Fall from scaffold ended career, Frank V. Floriani, New York, NY of Sullivan Papain Block McGrath $975,000 Supreme carpenter claimed & Cannavo P.C. Insurance Rosario v. NYC School Construction 6/7/12 New York Carpenter claimed scaffold accident Gary M. Gash, White Plains, NY of Gash & Associates, P.C. $925,000 Authority Supreme led to knee replacement
Verdugo v. W & H Properties, LLC 5/17/12 Queens Worker claimed ceiling's collapse Stephen J. Murphy & David L. Scher, New York, NY of Block $925,000 Supreme knocked him off ladder O'Toole & Murphy, L.L.P. Insurance Hyde v. Yankee Stadium LLC 7/31/12 Bronx Lack of training led to crushing Peter B.N. Christy, Richard N. Petrocelli & Michael D. Zentner, $800,000 Supreme injury of hand, foreman claimed New York, NY of Petrocelli & Christy
Carranza v. Berman 5/3/12 Queens Unstable ladder tipped and caused Alan M. Greenberg, New York, NY of Law Offices of Alan M. $750,000 Supreme accident, worker claimed Greenberg, P.C.
Szulinski v. Pinmark Contracting Co., LLC 7/26/12 Kings Hoist's defect led to accident, eye Adam C. Yanover, Garden City, NY of Yanover & Yanover $620,000 Supreme injury, worker claimed
Castor v. Time Warner Cable Inc. 5/17/12 Onondaga Worker fell off of ladder while string- Anthony R. Martoccia, Syracuse, NY of McMahon Kublick & $350,000 Supreme ing cable, broke hip Smith PC
Lamneck v. Bill and Ted's Riviera Inc. 4/23/12 Nassau Plasterboard fell from hoist, injured Ira H. Goldfarb, New York, NY of Friedman, Levy, Goldfarb & $337,500 Supreme worker's arm Green, P.C.
Torres v. 3536 Cambridge Ave, LLC 3/20/12 Bronx Worker hit by falling rock at excava- Seth M. Katz, New York, NY of Law Offices of William Pager $255,000 Supreme tion site
Lancette v. McCarthy 8/27/12 Saratoga Roofer claimed poorly secured lad- John F. Harwick, Latham, NY of Hacker & Murphy, LLP $150,000 Supreme der caused fall, wrist fracture
Workplace Safety
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Picano v. Rockefeller Center North Inc. 3/21/12 New York Labor Law: Defendants: Plumber's Carmine A. Rubino, New York, NY of Kramer, Dillof, Livingston & $3,000,000 Supreme injury not during renovation work Moore Lewis v. City of New York 1/23/12 New York Negligent Maintenance: Con Edison Richard N. Slater, New York, NY $2,600,000 Supreme ignored damaged sidewalk, plaintiff claimed Franco v. LeCann 4/9/12 Suffolk Handyman hurt by saw, claimed boss Thomas J. Keegan, Patchogue, NY of Keegan & Keegan, Ross & $565,000 Supreme removed blade's guard Rosner, LLP Soto v. Pav-Lak Industries Inc. 2/24/12 Suffolk Flooding of work site resulted in Matthew J. Jones, Mineola, NY of Sullivan Papain Block McGrath $500,000 Supreme accident, boiler installer claimed & Cannavo P.C. Tepper v. City of New York 5/15/12 Queens Negligent Maintenance: Sidewalk's Alan M. Greenberg, New York, NY of Law Offices of Alan M. $300,000 Supreme open tree bed a hazard, plaintiff Greenberg claimed Gonzales v. River Park Associates (1972) 2/8/12 Bronx Negligent Assembly or Installation: Edward A. Steinberg, New York, NY of Leav & Steinberg, LLP $185,000 L.P. Supreme Improperly installed stove exploded, plaintiff claimed Arnold v. Randy T. Rodecker Inc. 6/12/12 Suffolk Negligent Assembly or Installation: Glenn Auletta & Denny Brown, Ronkonkoma, NY of Gruenberg $150,000 Supreme Man's face cut by lid that blasted off Kelly Della of pool's pump Hankle v. Callanan Industries Inc. 6/20/12 Rensselaer Negligent Repair: Roadwork Mitchell Proner, New York, NY of Proner & Proner P.C. $30,000 Supreme created unsafe condition, motorcyclist claimed Cerniglia v. Cardiology Consultants of 7/10/12 Westchester Worker/Workplace Negligence: Thomas E. Mehrtens, Tuckahoe, NY of Thomas E. Mehrtens, P.C. $15,000 Westchester, P.C. Supreme Physician's aide didn't provide assistance, patient claimed Decker v. Napolitano 5/9/12 Sullivan Worker/Workplace Negligence: Mark Lewis Schulman, Monticello, NY $5,000 Supreme Contractor's errors led to collapse of roof, suit alleged
24 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 24 12/14/12 4:32:08 PM TOP 2012 SETTLEMENTS BY CATEGORY Insurance Insurance
2012NYTopSettlements52.indd 25 12/14/12 4:32:11 PM 2012 TOP SETTLEMENTS NY Insurance TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Taveras v. American Transit Insurance 2/7/12 Kings Insurance: Plaintiffs alleged Robyn Brazzil & Jeffrey A. Block, New York, NY of Block, O'Toole $2,850,000 Company Supreme American Transit Insurance failed its & Murphy, LLP, trial counsel to Jasper and Jasper clients
Coury v. Delos Insurance Co. 1/30/12 New York Insurance: Insurer on hook for in- Frank V. Floriani (co-lead) & Susan M. Jaffe (co-lead), New York, $700,000 Supreme sured's negligence, plaintiff claimed NY of Sullivan Papain Block McGrath & Cannavo P.C.; Edward Wagner, Staten Island, NY of Wagner & Wagner Intentional Torts Nationwide Insurance v. Fair Fare, Inc. 5/9/12 Albany Subrogation: Insurance company Jeffrey T. Culkin, Latham, NY of Epstein & Rayhill $3,300 Supreme sued after it paid for damage to vehicle Intentional Torts
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26 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 26 12/14/12 4:32:16 PM TOP 2012 SETTLEMENTS BY CATEGORY
Intentional Torts Intentional Torts
2012NYTopSettlements52.indd 27 12/14/12 4:32:21 PM 2012 TOP SETTLEMENTS NY Intentional Torts TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Robinson v City of New York and 3/16/12 U.S. District Plaintiff was beaten to death by Sanford Rubenstein of Rubenstein & Rynecki $2,000,000 Correction Officers Court - S.D.N.Y. inmates involved with correction of- ficers in a shakedown scheme Collier v. City of New York 6/5/12 Kings False Arrest: Rape prosecution Michael B. Ronemus, New York, NY of Ronemus & Vilensky $1,000,000 Supreme lacked evidence, plaintiff claimed
Sowell v City of New York 9/27/12 New York Plaintiffs were assaulted, battered, Scott Rynecki of Rubenstein & Rynecki, NY $850,000 Supreme and falsely arrested by NYC police Malpractice officers while lawfully in their home Munoz v. City of New York 9/25/12 Kings Plaintiff was assaulted and battered Scott Rynecki of Rubenstein & Rynecki, NY $775,000 Supreme by NYC police officers Legal Malpractice Cromartie v. City of New York 2/2/12 Queens False Arrest: Arrestee claimed police Steven M. Gershowitz, New York, NY of Raphaelson & Levine $500,000 Supreme didn't question shaky allegations Law Firm P.C.
Johnson v. City of New York 3/21/12 Bronx False Arrest: Arrestee claimed Eric H. Morrison, New York, NY of Morrison & Wagner $500,000 Supreme lawyer, DA, ignored mistaken-identity proof Morgan v. City of New York 1/10/12 U.S. District Assault: Beatings an overreaction to Veronica Renta Irwin, Manhasset, NY of Irwin & Streiner LLC $285,000 Court, E.D.N.Y. use of cellular phone, suit alleged
Acosta v. County of Ulster 2/16/12 Ulster Gov't Excessive Force: Arrestee Jeffrey T. Millman, Stony Point, NY of Phillips & Millman, L.L.P. $135,000 Supreme claimed broken nose at hands of jail guard Friedlander v. Waroge Met Ltd. 6/12/12 Queens Restaurant's patron claimed she Natalie Chin, New York, NY of Lambda Legal Defense And $25,000 Supreme endured homophobic attack Education Fund Inc; Susan Sommer, New York, NY of Lamda Legal Defense and Education Fund Inc.; Mary Eaton, New York, NY of Wilkie Farr & Gallagher LLP; Erin McLeod, New York, NY of Wilkie Farr & Gallagher LLP; Jordan Hicks, New York, NY of Willkie Farr & Gallagher LLP; Roger Netzer, New York, NY of Willkie Farr & Gallagher LLP
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28 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 28 12/14/12 4:32:27 PM TOP 2012 SETTLEMENTS BY CATEGORY
Malpractice Legal Malpractice
2012NYTopSettlements52.indd 29 12/14/12 4:32:33 PM 2012 TOP SETTLEMENTS NY Legal Malpractice TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Melendez v. Ornstein & Ornstein PC 5/9/12 Resolute Malpractice: Personal-injury case doomed Steven L. Kaplan, Melville, NY of Kaplan & Kaplan P.C. $1,000,000 Systems by attorney's errors, man alleged Medical Medical Malpractice Nursing Homes .. New York Civil Motion Citator THE REVIEWS ARE IN. AND THE SECRET IS OUT. Trip / Slip & Falls Find out why the New York Civil Motion Citator means the difference between winning a motion and losing it.
e court enjoys broad discretion to grant relief from pleading defaults provided that the moving party furnishes an affi davit of merit, that the delay was neither willful, lengthy, nor prejudicial. Lost or misplaced mail “A True Secret to Civil Motion Practice Success.” can suffi ce as reasonable justifi cation for pleading delay. Davies v. Contel of New York, Inc., 155 AD2d 809, 548 NYS2d 85 (3rd Dept. November 1989). Below this category, we fi nd the categories “Vacate Default in Serving “For the past decade, my first stop in dealing with a civil Lawyer’s Bookshelf Pleading — Denied,” and “ en Granted.” Under “Denied” we fi nd twelve cases with “mini- holdings” and fuller holdings denying motions to motion has been to check the New York Civil Motion Citator.” New York Civil Motion Citator vacate where there were defaults in service, and under “Granted” twelve Reviewed by Raymond J. Dowd cases decided the other way. 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I recently learned from a former clerk to a civil court judge that this book was consulted on almost every motion and considered essential. advice he had received as a young associate was to take home a copy Other practitioners, more skilled and knowledgeable than myself, of the CPLR, New York’s Civil Practice Law and Rules, and read it however, tell me that they are unfamiliar with it. every night before he went to bed until he’d read it through. e theory To order your copy of the New York Civil Motion Citator was that you wouldn’t understand or remember it all, but that in Without the “Citator,” I don’t see any way of tracking nuances among SAVE encountering day-to-day litigation concerns, you would have a half- the appellate divisions relating to the scenarios that arise in civil motion call us at 1-800-832-1900 or visit www.verdictsearch.com memory that there was a CPLR provision governing the problem you practice. Neither the West Key Cites nor the McKinney’s Practice Notes Use promo code 2629480 at checkout to receive your discount. were grappling. provide this level of detailed information in an “at a glance” format. 25% I never got that terrifi c advice, and am continually amazed by the odd Boolean searches of case law would give us too much information to be useful. CPLR provisions that keep cropping up in my practice. For some reason, though, I am still not inspired to read it cover-to cover and doubt that If I want to amend a pleading, I look to the “Citator” and fi nd every even the worst case of insomnia would inspire me to do so. Nor do I take conceivable excuse for doing so, along with instances of appellate judges www.verdictsearch.com the time to read every single case coming out of the courts of appeal and having both granted and denied the relief, in a format that’s practically 8 Laurel Avenue, Suite 1 • East Islip, NY 11730 | 1-800-832-1900 the appellate divisions to fi nd out how the CPLR works in practice. ready-made to slip into a brief. So, if I wish to argue that the merit of the So in New York civil motion practice, I rely on experts and authorities. amendment “should not be considered unless it is palpably improper,” I might cite the Appellate Division, Second Department, in Nassau Co. v. For the past decade, my fi rst stop in dealing with a civil motion has been Inc. Village of Rosalyn, 182 AD2d 678, 582 NYS2d 276 (2d Dept. 1982); to check the “New York Civil Motion Citator.” I was recently amazed to but on the other hand, if the amendment is “obviously without merit” fi nd that many experienced attorneys and judges had never even heard of and the court should not accept it, I might cite the Appellate Division, this work that was fi rst published in 1981 by Moran Publishing (an entity First Department, in Mobil Oil Corp. v. Joshi, 202 AD2d 318, 609 NYS2d that was recently acquired by ALM Properties, a sister company of the 214 (1st Dept. 1994). New York Law Journal) and updated each year. e “Citator” provides an obvious advantage to attorneys who must Editor James K. O’Sullivan, an appellate litigator at Fiedelman & advocate an amendment in the morning, and oppose an amendment in McGraw, reads every single case coming out of New York’s appellate the afternoon. divisions and courts of appeal. He looks for case law on procedural issues and summarizes the case holdings, focusing on cases that go diff erent In New York’s competitive legal market, I hate to give away a true secret ways on a particular point. For example, in “Chapter IV — Default to civil motion practice success, since I’m sure that my adversaries won’t Judgment,” he breaks down decisions relating to default judgments into hesitate to use this potent weapon against me. So, Dear Reader, tuck a 56 categories. CPLR under your pillow and keep the “New York Civil Motion Citator” a Without the “New York Civil Motion Citator,” it would be impossible secret between the two of us. to view, at a glance, the 56 aspects of dealing with a default judgment, is a principal of Dowd & Marotta in Manhattan and serves on the and then to drill down and fi nd Court of Appeals and Appellate Division Raymond J. Dowd cases going in diff erent directions on every one of these points. Each of board of directors of the New York County Lawyers’ Association. the 23 chapters is similarly organized. is article is reprinted with permission from the NEW YORK LAW JOURNAL. © Under the category “Vacate Default in Serving Pleading,” we fi nd six 2009 ALM Media Properties, LLC. All rights reserved. Further duplication without cases with holdings relative to a motion to vacate based on a default in permission is prohibited. serving a pleading, indexed by the case’s holding, as organized below. t$SJUFSJB NEWt%FMBZPGFJHIUNPOUITUPPMPOH JERSEY t'BJMVSFUPTFSWFSFQMZDBOOPUCFDPSSFDUFECZDPVSUTVBTQPOUF t'JWFNPOUIEFMBZJOFYDVTBCMF t*OTVSFSTEFMBZ t8JEFMBUJUVEFXIFSFNFSJU MBDLPGXJMGVMOFTT BOEOPQSFKVEJDFTIPXO LAWFollowing JOURNAL each of these “mini holdings” is a more detailed description of the holding, along with the case citation such as: LIBRARY OF BOOKS
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30 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 30 12/14/12 4:32:45 PM TOP 2012 SETTLEMENTS BY CATEGORY Medical Medical Malpractice Nursing Homes Trip / Slip & Falls
2012NYTopSettlements52.indd 31 12/14/12 4:33:34 PM 2012 TOP SETTLEMENTS NY
Medical Malpractice CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT # Mullings v. Ibis Yarde 3/2/12 Kings Supreme Failure to Treat: Kidney stone infection Ira M. Newman (lead) & Edward J. Sanocki, Manhattan, NY of Sanocki, $17,900,000 ends with multiple amputations Newman & Turret, L.L.P.; Sanford A. Rubenstein, Brooklyn, NY of Ruben- NAM CHOSEN AS THE 1 ADR FIRM stein & Rynecki Hagins v. Miller 10/3/12 Westchester Negligent Treatment: Tooth extraction Christopher B. Meagher, White Plains, NY of Meagher & Meagher, P.C.; $7,663,260 Supreme resulted in broken jaw, plaintiff claimed Merryl F. Weiner, White Plains, NY of Meagher & Meagher, P.C. SECOND YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY
Rivera v. Guzman 3/20/12 Nassau Supreme Failure to Detect: Obstetrician, nurse Danielle George, New York, NY of Levy Phillips & Konigsberg, $6,500,000 overlooked fetus's hypoxia, mother LLP (now at Phillips & Paolicelli, LLP, NYC) claimed Estate of Jokonyo vs. Deratus, Md, et al. 9/27/12 Queens Medical Malpractice: Failure to Diagnose Phil Russotti & Ken Halperin, New York, Wingate, Russotti, Shapiro & $2,700,000 NAM Congratulates Supreme TTP, a blood disorder, caused 43 y/o Halperin, LLP woman's death after brief hospitalization Solomon v. Berkowitz, docket no. 10/1/12 New York Medical Malpractice: Failure to treat prior Phil Russotti & Ken Halperin, New York, Wingate, Russotti, Shapiro & $2,250,000 Medical Malpractice Mediator 800012/10, Sup Ct. NY Cty, 10//12 for Supreme myocardial infarction with anticoaguants Halperin, LLP 2.25M resulted in subsequent MI, stroke , and cognitive de cits in 56 y/o accountant Kenneth Grundstein, Esq. Navaez v. Stewart 3/6/12 New York Doctor failed to nd, treat heart in am- Eric K. Schwarz, New York, NY of Sullivan Papain Block McGrath & Can- $2,000,000 Supreme mation navo, P.C. Voted one of the Top Ten Best Individual Mediators in
Molina v. NY City 7/6/12 Queens Failure to Diagnose: Victoria Wickman, Esq., New York, NY of Law Of ce of Victoria Wickman $1,450,000 New York State for three consecutive years by the Supreme New York Law Journal Rankings Survey Ortega v. N.Y.C.H. & H. Corp. 6/6/12 Bronx Supreme Childbirth: Child's autism due to Louis G. Solimano, Bronx, NY of of counsel, William A. Gallina $1,350,000 mismanaged delivery, suit alleged A SAMPLING OF M EDIATED S ETTL EMENTS Aguilar v. Perez 6/14/12 Bronx Supreme Delayed Diagnosis: Doctor missed signs of Louis G. Solimano, Bronx, NY of Trial Counsel to William A. Gallina $1,250,000 pediatric arthritis, plaintiff claimed HEARING DATE AMOUNT HEARING DATE AMOUNT Allen v. New York City Health and 6/16/12 New York Failure to Diagnose: Undetected infection Robert Vilensky, New York, NY of Ronemus & Vilensky, L.L.P. $1,250,000 Hospitals Corp. Supreme caused nerve damage, suit alleged 1/3/2012 3,000,000 6/14/2012 3,250,000 1/4/2012 2,000,000 6/22/2012 3,300,000 Kenneth Grundstein, Esq. 1/11/2012 3,900,000 6/26/2012 3,750,000 Former NYC Chief Settlement Negotiator 2/1/2012 17,900,000 7/16/2012 5,900,000 2/13/2012 2,715,000 8/2/2012 2,800,000 Specialties Include: Medical Malpractice, Labor Law, Catastrophic Injury, Products 2/22/2012 3,250,000 8/10/2012 2,250,000 Liability, Property Damage 2/28/2012 3,750,000 9/11/2012 2,000,000 3/20/2012 5,500,000 9/14/2012 2,933,333 3/30/2012 2,700,000 9/28/2012 11,500,000 We Handle all types of accident cases involving 4/16/2012 3,400,000 10/2/2012 12,000,000 serious injuries including construction accidents, 5/4/2012 4,400,000 10/3/2012 4,700,000 5/15/2012 4,250,000 11/15/2012 2,925,000 motor vehicle accidents, false arrests, premises 5/31/2012 2,500,000 11/19/2012 5,350,000 accidents, elevator accidents and medical Malpractice.
NICK GJELAJ HAS RECOVERED OVER 100 MILLION IN HIS CAREER FOR HIS INJURED CLIENTS.
He has recently published in New York Magazine for being part of the team that had three of the top construction settlements and verdicts for the entire State of New York.
His results have been published in New York Law Journal, NY Verdict Reporter and the National Verdict Reporter. He is a board of director with the New York State Trial Lawyers Association where he is the co-chair of the ® Immigrant Worker Outreach Program. The Better Solution
Pat Mullaney is an active trial attorney who has tried close to 20 cases since forming his own firm in March 2011. He was recently honored to be acknowledged as one of the Top 100 Irish American lawyers in America. 122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800) 358-2550 www.namadr.com
78-30 Metropolitan Ave, Middle Village, NY 11379 T: 718.821.8100t'718.821.8108 277 Broadway, New York, NY 10007 www.maglawyers.com
NAM_120712b_NY-Law-Journal-Ad-Grundstein-121912.indd 1 12/11/12 2:18:16 PM 32 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 32 12/14/12 4:33:48 PM NAM CHOSEN AS THE #1 ADR FIRM SECOND YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY
NAM Congratulates Medical Malpractice Mediator Kenneth Grundstein, Esq. Voted one of the Top Ten Best Individual Mediators in New York State for three consecutive years by the New York Law Journal Rankings Survey
A SAMPLING OF M EDIATED S ETTL EMENTS
HEARING DATE AMOUNT HEARING DATE AMOUNT 1/3/2012 3,000,000 6/14/2012 3,250,000 1/4/2012 2,000,000 6/22/2012 3,300,000 Kenneth Grundstein, Esq. 1/11/2012 3,900,000 6/26/2012 3,750,000 Former NYC Chief Settlement Negotiator 2/1/2012 17,900,000 7/16/2012 5,900,000 2/13/2012 2,715,000 8/2/2012 2,800,000 Specialties Include: Medical Malpractice, Labor Law, Catastrophic Injury, Products 2/22/2012 3,250,000 8/10/2012 2,250,000 Liability, Property Damage 2/28/2012 3,750,000 9/11/2012 2,000,000 3/20/2012 5,500,000 9/14/2012 2,933,333 3/30/2012 2,700,000 9/28/2012 11,500,000 4/16/2012 3,400,000 10/2/2012 12,000,000 5/4/2012 4,400,000 10/3/2012 4,700,000 5/15/2012 4,250,000 11/15/2012 2,925,000 5/31/2012 2,500,000 11/19/2012 5,350,000
The Better Solution®
122 East 42nd Street, Suite 803, New York, New York 10168 Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800) 358-2550 www.namadr.com
NAM_120712b_NY-Law-Journal-Ad-Grundstein-121912.indd 1 12/11/12 2:18:16 PM
2012NYTopSettlements52.indd 33 12/14/12 4:33:53 PM 2012 TOP SETTLEMENTS NY Medical Malpractice TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Petosa v. Prue 3/5/12 Richmond Failure to Diagnose: OB/GYN accused of Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C. $1,200,000 Supreme mistaking cancer for yeast infection
Kowalski v. Ritterband 1/30/12 New York Eye Surgery: Plaintiff alleged contraindica- Scott J. Koplik, Chappaqua, NY of Law Of ce of Todd J. Krouner; Todd J. $975,000 Supreme tions to LASIK surgery, sustained ectasia Krouner, Chappaqua, NY of Law Of ce of Todd J. Krouner and blindness Ortiz v. NYC Health & Hosp. Corp. 2/1/12 Bronx Supreme Failure to Detect: Fetus's hypoxic event Robert Vilensky, New York, NY of Ronemus & Vilensky, L.L.P. $900,000 overlooked, mother claimed Motor Vehicle
Roman v. Burton 4/2/12 Bronx Supreme Failure to Refer: Dentist disregarded can- Gregory Danenberg, New York, NY of The Law Of ces of Gregory $800,000 cerous tumor of tongue, suit alleged Danenberg Motor Vehicle Accident - Bus Doe v. Goldweber 3/8/12 New York Negligent Injection: Double-dipping doc Eric K. Schwarz, New York, NY of Sullivan Papain Block McGrath & $675,000 Supreme transmitted hepatitis, patient alleged Cannavo, P.C.
Doe v. Phillips 3/22/12 Kings Supreme Childbirth: Obstetrician’s error caused Brian M. Brown, New York, NY of Zaremba Brownell & Brown, PLLC $400,000 injury of vagina, plaintiff claimed Motor Vehicle Accident - Bicycle Marquez v. Gluck 2/6/12 Queens Negligent Treatment: Pltff.: Ob perforated Robert Vilensky, New York, NY of Ronemus & Vilensky, L.L.P. $340,000 Supreme uterus during D&C
McDonald v. Duello 2/15/12 St. Lawrence Failure to detect: Surgeon overlooked Thomas A. Grue, Malone, NY of Poissant, Nichols & Grue P.C. $225,000 Supreme damage of colon, patient alleged Motor Vehicle Accident - Center Line
Nursing Home Motor Vehicle Accident - Left Turn CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Estate of Lopez v. Riverdale Nursing 5/3/12 Bronx Supreme Medication Management: Nurse's sloppy Andrew S. Targum, New York, NY of Targum & Britton, LLP $900,000 Home Inc transcription led to fatal overdose, suit alleged Estate of Holmes v. Greater Harlem Nurs- 4/4/12 Bronx Supreme Abuse or Neglect: Woman's bedsores led Philip J. Rizzuto, New York, NY of Philip J. Rizzuto, P.C. $350,000 Motor Vehicle Accident - Multiple Vehicles ing Home Co. Inc. to malnutrition, death, suit alleged
Estate of Berrow v. Nassau Operating Co., 4/24/12 Nassau Supreme Woman died after improper treatment of Justin Varughese, Port Washington, NY of Parker Waichman LLP $325,000 LLC. toenail, suit alleged Motor Vehicle Accident - No-Fault Villanueva v. New York City Health and 6/21/12 New York Abuse or Neglect: Quadriplegic man Jonathan Fairbanks, Kingston, NY of Zwiebel & Fairbanks LLP $110,000 Hospitals Corp. Supreme claimed nurses' inaction led to bedsores Motor Vehicle Accident - Passenger Trip / Slip & Falls
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Del Moral v. The City of New York 9/10/12 Bronx Supreme Plaintiff claimed disabled after fall on ice Laurence M. Savedoff, Bronx, NY of Laurence M. Savedoff P.L.L.C. $900,000 Moran v. Rite Way Corp. 9/26/12 Kings County Plaintiff fell through unprotected, unguard- Erik S. Fremer, Esq. of Fremer Law Of ces $825,000 Motor Vehicle Accident - Pedestrian ed cellar doors outside of dedendant's store Napoli v. Consolidated Edison 4/11/12 Kings Supreme Utility created hazard on sidewalk, suit Brad A. Kauffman, New York, NY of The Law Of ce of Brad A. Kauffman, $400,000 alleged PLLC Sodhi v. 147-11 34th Realty et al. 2/29/12 Supreme Settlement for woman who fell down the Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & Finz P.C. $400,000 Motor Vehicle Accident - Intersection Queens lobby steps which lacked handrail Colon v. Ditmas Park 613 LLC 6/27/12 Supreme Kings Settlement for woman who fell on ice Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & Finz P.C. $390,000 while stepping onto the sidewalk abutting her parent’s apartment building Kowalczyk v. Consolidated Edison Com- 1/5/12 Kings Supreme Steel plate covering excavated site a Adam C. Yanover, Garden City, NY of Yanover & Yanover $250,000 pany of New York Inc. hazard, plaintiff claimed Motor Vehicle Accident - Rear End Collision Desiderato v. City of New York 7/3/12 Bronx Supreme Trip and Fall on sunken manhole Single Joseph Gorczyca, Jericho, NY of Schwartzapfel Partners P.C. $250,000 knee surgery to a 65 year old obese woman Dzurayev v. Pershing Crescent Apart- 8/4/12 Queens Landlord ignored slippery stairway, tenant Ylber Albert Dauti; The Dauti Law Firm, P.C.; New York, NY $240,000 ments Company Limited Partnership Supreme claimed Motor Vehicle Accident - Negligent Operation DiMura v. Morrison 5/2/12 Monroe Fall from Height: Plaintiff fell off ladder Timothy Hedges, Rochester, NY of Cellino & Barnes PC $23,000 Supreme while helping neighbor
34 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 34 12/14/12 4:34:00 PM TOP 2012 SETTLEMENTS BY CATEGORY
Motor Vehicle Motor Vehicle Accident - Bus Motor Vehicle Accident - Bicycle Motor Vehicle Accident - Center Line Motor Vehicle Accident - Left Turn Motor Vehicle Accident - Multiple Vehicles Motor Vehicle Accident - No-Fault Motor Vehicle Accident - Passenger Motor Vehicle Accident - Pedestrian Motor Vehicle Accident - Intersection Motor Vehicle Accident - Rear End Collision
Motor Vehicle Accident - Negligent Operation
2012NYTopSettlements52.indd 35 12/14/12 4:34:04 PM 2012 TOP SETTLEMENTS NY
Motor Vehicle Accident - Bus
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Wright v. MTA Bus Co. 6/27/12 Queens Bus: Plaintiff claimed she was snared by Jay W. Dankner, New York, NY of Dankner, Milstein & Ruffo, P.C.; Robert $3,000,000 Supreme bus's doors and dragged A. Flaster, P.C., New York, NY of Robert A. Flaster, Esq. Sulaiman v. Masicott et al. 5/11/12 Kings Supreme Settlement for bus passenger who was Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & Finz P.C. $1,225,000 injured when he fell out of his seat after a collision with an SUV Washington v. Peter Pan Bus Lines Inc. 3/1/12 Kings Supreme Bus: negligent operation cause plaintiffs Glenn Auletta (lead) & Michael Della, Ronkonkoma, NY of Gruenberg $750,000 injuries Kelly Della Kanarek v. Middle Village Senior Citizens 8/8/12 Queens 94 y/o woman fell while stepping off bus Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & Finz P.C. $325,000 Center, Inc. Supreme that failed to stop at a curb
Motor Vehicle Accident - Bicycle
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Galindo v. Fenster 3/8/12 New York Bicycle: Plaintiff sustained hemorrhage Robert R. MacDonnell, New York, NY of Lurie, Ilchert, MacDonnell & $1,050,000 Supreme after multiple car collision Ryan LLP Herrera-Ferino v. Barlett Dairy Inc. 9/25/12 Bronx Supreme Bicycle: Bicyclist claimed he was struck by Robert R. MacDonnell, New York, NY of Lurie, Ilchert, MacDonnell & $1,000,000 inattentive trucker Ryan LLP Yanus v. Crane-Hogan Structural 7/9/12 Monroe Roadway Defect: Roadwork created dan- John Wright, Rochester, NY of Cellino & Barnes P.C. $30,000 Systems Inc Supreme gerous condition, motorcyclist claimed Shenker v. Mack 2/23/12 Kings Supreme Bicycle: Motorist didn't yield to bicyclist, Seth M. Katz, Brooklyn, NY of Law Of ces of William Pager $22,500 suit alleged
Motor Vehicle Accident - Center Line
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Jacobs v. Nieto 4/30/12 Nassau Supreme Center Line: Fatal car crash blamed on Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP; S. Joseph $3,250,000 drunken driver Donahue, New York, NY of Block, O'Toole & Murphy, LLP Matheson v. Bongiorno 6/15/12 Suffolk Supreme Center Line: Distracted driver caused Alison D. Metzler, Garden City, NY of Sullivan Papain Block McGrath & $1,500,000 head-on crash, couple claimed Cannavo P.C. Kong v. Bendel 7/6/12 Kings Supreme Center Line: Coach and gym teacher Everett J. Petersson, P.C. $1,000,000 claimed accident left him out of shape Davis v. Sepe 1/25/12 Nassau Supreme Center Line: Car crash caused injuries of Josh Silber, New York, NY of Abend & Silber, PLLC $600,000 ankle, spine, couple claimed Waldron v. Town of Arkwright 7/19/12 Chautauqua Center Line: Trucker not cautious in icy John W. Looney, Buffalo, NY of Cellino & Barnes, P.C. $300,000 Supreme conditions, plaintiff claimed Fox v. Senneville 4/9/12 Dutchess Center Line: Drunken driver crossed line, Lawrence A. Breslow, Poughkeepsie, NY of Rutberg Basso $216,000 Supreme caused crash, couple claimed Personal Injury Law Chae v. Chelsea Sanitation Service Inc. 3/9/12 Queens Center Line: Trucker lost control during Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, $200,000 Supreme turn, caused crash, plaintiff claimed Sim & Park, LLP, New York, NY Warren v. Akins 8/28/12 Ulster Supreme Center Line: Plaintiff claimed car crash John A. DeGasperis, Kingston, NY of Basch & Keegan; Christopher R. Kraft, $30,000 aggravated back, neck, shoulder Kingston, NY of Dall Vechia & Kraft
Motor Vehicle Accident - Left Turn
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT McGee v. Rank 6/7/12 Suffolk Supreme Left Turn: Motorist's illegal turn caused Joshua D. Gropper, New York, NY of Brown & Gropper L.L.P.; Michael E. $1,340,000 crash, couple claimed Jaffe, New York, NY of Pazer, Epstein & Jaffe; Jordan Stern, Freeport, NY of Stern & Stern Ganley v. Polmanteer 10/3/12 Onondaga Left Turn: Distracted driver, hasty turn Walter F. Benson, Syracuse, NY of Lynn Law Firm $675,000 Supreme were crash's ingredients, suit alleged Westbrook v. Laborers Local 754 5/25/12 Niagara Left Turn: Salesman claimed car crash led John A. Sheehan, Buffalo, NY of Cellino & Barnes $400,000 Supreme to loss of job Hathaway v. Battaglia 7/13/12 Niagara Left Turn: Distracted driver's turn caused Herschel Gelber, Amherst, NY of Gelber & O'Connell, LLC; Kristopher $365,000 Supreme crash, motorcyclist claimed Schwarzmueller, Amherst, NY of Gelber & O'Connell, LLC Shin v. Gerpity 5/16/12 Queens Left Turn: Motorist's hasty turn caused Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $275,000 Supreme crash, plaintiffs claimed Park, LLP, New York, NY Kim v. James 6/26/12 Queens Left Turn: Motorist's unsignaled turn led to Robert Alan Saasto, Hicksville, NY, trial counsel, Sim & Park, LLP, New $182,000 Supreme accident, plaintiff claimed York, NY; Mark Wilson, Commack, NY of Mark Wilson, Esq. Crown v. State Farm Mutual Automobile Co. 7/9/12 U.S. District Left Turn: Motorist's sudden turn caused George S. Bellantoni, White Plains, NY $140,000 Court, E.D.N.Y. crash, plaintiff claimed Oh v. To 1/23/12 Queens Left Turn: Distracted driver's hasty turn Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $105,000 Supreme caused crash, plaintiffs claimed Park, LLP, New York, NY
36 Verdicts Search’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 36 12/14/12 4:34:09 PM Motor Vehicle Accident - Multiple Vehicles
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Thayer v. Scruggs 3/9/12 Ulster Supreme Multiple Vehicle: Plaintiff claimed traf c Steven Cohen, Newburgh, NY of Finkelstein & Partners; Kenneth B. $1,500,000 accident caused spinal injuries Fromson, Newburgh, NY of Finkelstein & Partners Yi v. Meitetsu Express 5/7/12 Queens Multiple Vehicle: Car crash caused injuries Robert A. Saasto, Hicksville, NY of Hicksville, NY, trial counsel, $350,000 Supreme of knees, spine, plaintiff claimed Sim & Park, LLP, New York, NY Zhang v. Mignone 1/11/12 Queens Parked Car: Bicyclist hit by taxi blamed Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, $125,000 Supreme driver of parked vehicle Sim & Park, LLP, New York, NY Sbordone-Esposito v. McCormack 5/15/12 Richmond Multiple Vehicle: Plaintiff claimed she tore Jason Herbert, New York, NY of Krentsel & Guzman, LLP $95,000 Supreme shoulder in traf c accident Diaz v. Decker 1/10/12 Sullivan Supreme Multiple Vehicle: Truck's driver inattentive John V. Janusas, Liberty, NY of Rourke Fine & Janusas $25,000 while reversing, plaintiff claimed
Motor Vehicle Accident - No-Fault
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Coates v. Nalawajek 4/2/12 Erie Supreme No-Fault Case: Car crash caused ankle, Lawlor F. Quinlan, III, Buffalo, NY of Connors & Vilardo, L.L.P. $750,000 knee, spine injuries, couple claimed Grant v. Izzo 8/3/12 Schenectady No-Fault Case: Car crash caused injuries Phil A. Rodriguez, Schenectady, NY of Law Of ce of Phil Rodriguez $18,500 Supreme of neck, plaintiff claimed
Motor Vehicle Accident - Passengers
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Estevan v. City of New York 2/28/12 Kings Supreme Passenger: Street-cleaning vehicle struck Jordan D. Hecht & Joel Rubenstein, New York, NY of Hecht Kleeger & $1,500,000 parked bus, plaintiff claimed Damashek, PC
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VerdictSearch’s Top NY Settlements of 2012 37
2012NYTopSettlements52.indd 37 12/14/12 4:34:15 PM 2012 TOP SETTLEMENTS NY
Motor Vehicle Accident - Passengers
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Martin v. United States of America 4/24/12 U.S. District Passenger: Accident blamed on driver's Richard S. Vecchio, White Plains, NY of Worby Groner Edelman, LLP $1,450,000 Court, S.D.N.Y failure to see SUV in her path
Peralta v. Rodriguez 7/6/12 New York Passenger: Car crash caused spinal injuries, Steven J. Murphy, New York, NY of Block, O'Toole & Murphy LLP $1,250,000 Supreme mother and son claimed
Hauswirth v. Transcare New York Inc. 9/21/12 Kings Supreme Multi-car accident resulted in blinding Nick Gjelaj, Middle Village, NY of Mullaney & Gjelaj, PLLC,trial counsel to $750,000 injury, plaintiff claimed Jason Zemsky, Hempstead, NY of Zemsky & Salomon PC
Alves v. Topush Hacking Corp. 5/7/12 Queens Passenger: Graphic designer claimed taxi Howard A. Raphaelson (lead) & Andrew J. Levine, New York, NY of $675,000 Supreme accident derailed career Raphaelson & Levine Law Firm, P.C.
Balter v. McGrath 1/6/12 Sullivan Supreme Passenger: Inattentive driver late to react William P. Moore, Buffalo, NY of Lipsitz Green Scime Cambria LLP $500,000 to emergency, plaintiff claimed
Wise v. Hess 5/10/12 Onondaga Passenger: Fender bender caused spinal James L. Alexander, Syracuse, NY of Alexander & Catalano, L.L.P. $400,000 Supreme injuries, plaintiff claimed
Hadid v. Smith 5/24/12 Monroe Passenger: Car crash caused herniated Timothy Hedges, Rochester, NY of Cellino & Barnes PC $375,000 Supreme disc, passenger claimed
Pagano v. Drescher 2/17/12 Onondaga Passenger: Multi-car crash led to two Thomas F. Shannon, Syracuse, NY of Lynn Law Firm $325,000 Supreme fusions of spine, plaintiff claimed
Himmel v. RLI Transportation, Inc. 3/14/12 Kings Supreme Passenger: Motor Vehicle: CEO of Edward S. Goodman, New York, NY of Simonson Hess Leibowitz & $300,000 ChromaDex said taxi driver was "driving Goodman, P.C. like a maniac" Funk v. City of New York 7/17/12 Richmond Police vehicle slides off wet roadway, Andrew M. Laskin, New York, NY of Robinson & Yablon, PC $300,000 Supreme injures fellow of cer
Martinez v. Mizhquiri Transportation Inc. 2/15/12 Kings Supreme Passenger: Car crash a result of speeding, Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C. $180,000 disregard of lights, suit alleged
Pratt v. Stockwell 7/19/12 Orleans Passenger: House party ended with fatal J. Michael Hayes, Buffalo, NY of J. Michael Hayes, Esq. $153,000 Supreme car crash, suit alleged
Gelzer v. Mays 4/24/12 Kings Supreme Passenger: Speeding drivers caused Lennon C. Edwards, New York, NY of Mills & Edwards, LLP $130,000 multi-car crash, plaintiff claimed
Murphy v. Niagara Falls Memorial Medical 2/16/12 Niagara Passenger: Van's passenger claimed crash Larry Lewis, Buffalo, NY of Lewis and Lewis, P.C. $125,000 Center Supreme caused spinal injuries
Healy v. Healy 6/21/12 Onondaga Passenger: Car crash's parties disputed Jeffrey G. Pomeroy, Syracuse, NY of Greene & Reid, PLLC $112,500 Supreme right of way
Morse v. Hewitt 3/19/12 Orange Passenger: Car struck lamppost; passenger Lawrence A. Breslow, Poughkeepsie, NY of Rutberg Basso Personal Injury $100,000 Supreme sustained lacerations of face Law
Sandurs v. Valenti 2/1/12 Suffolk Supreme Passenger: Car crash caused tear of Denny Brown, Ronkonkoma, NY of Gruenberg Kelly Della $100,000 shoulder, plaintiff claimed
Jackson v. Hamilton 1/13/12 Schenectady Passenger: Taxi accident caused spinal John R. Massaroni, Schenectady, NY of Capasso & Massaroni, L.L.P. $100,000 Supreme injuries, fare claimed
Jordan v. City of Yonkers 1/10/12 Westchester Passenger: Car crash's parties disputed Margaret H. Mayo, New York, NY of Gaf n & Mayo, P.C.; $100,000 Supreme right of way
Pilatos v. Vankasten 1/30/12 Queens Passenger: Vehicles collided during Costas M. Eliades, New York, NY of Law Of ces of Costas M. Eliades $92,500 Supreme side-by-side turns
Murphy v. O'Malley 4/17/12 Queens Passenger: Parkway accident caused spinal Brad A. Kauffman, New York, NY of The Law Of ce of Brad A. Kauffman, $85,000 Supreme injury, plaintiff claimed PLLC
Ontman v. Denenberg 4/19/12 Kings Supreme Passenger: Car crash caused neck, knee, Seth M. Katz, Brooklyn, NY of Law Of ces of William Pager $75,000 shoulder injuries, plaintiff claimed
Dijol v. Ivezaj 5/16/12 Kings Supreme Passenger: Car crash caused injuries of Raymond Panek, New York, NY of Elefterakis & Elefterakis $50,000 shoulder, spine, plaintiff claimed
Oliver v. Brereton-Spain 5/3/12 Onondaga Passenger: Car crash's parties each Amy M. Vanderlyke, Syracuse, NY of Sugarman Law Firm, LLP $25,000 Supreme claimed right of way
38 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 38 12/14/12 4:34:19 PM 2012 TOP SETTLEMENTS NY
Motor Vehicle Accident - Pedestrians
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Russo v. Scheidt & Bachmann USA Inc. 6/19/12 Orange Man hit by car during aftermath of Scott E. Rynecki, Brooklyn, NY of Rubenstein & Rynecki $7,000,000 Supreme highway accident, lost leg
Gonchar v. Jimenez 1/17/12 Richmond Plaintiff hit by truck, sustained degloving Paul J. Edelstein & Daniel Thomas, New York, NY of The Edelsteins, $5,250,000 Supreme injuries of lower body Faegenburg & Brown LLP, New York, NY, trial counsel, Boris Zivotov, Esq. P.C., Brooklyn, NY Oliver & Berry v. American Cargo Express 4/3/12 Bronx Supreme Plaintiffs crossing street struck in Mitchell Koval, Zemsky & Salmon, P.C., Hempstead, NY (for Berry), Patrick $2,775,000 intersection by left-turning van, J. Mullaney, Mullaney & Gjelaj, PLLC, Middle Vilage, NY, trial counsel, Law sustained injuries Of ce of Michael T. Ridge, Bronx, NY (for Oliver) Wattie v. Lake Shore Central Schools 4/20/12 Erie Supreme Bus driver ran red light, struck and killed Joseph (Jed) E. Dietrich, III, Amherst, NY of The Dietrich Law Firm, P.C. $2,400,000 man, estate alleged Wong v. New York City Transit Authority 4/23/12 Queens Distracted bus driver didn't notice pedes- Joseph S. Rosato, New York, NY of Rosato & Lucciola, P.C. $2,100,000 Supreme trian, suit alleged Estate of Grant v. M.A.B.S.T.O.A. 2/28/12 Bronx Supreme Man hit by bus died after coma, Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & $2,000,000 amputation Brown Chanko v. Action Carting Environmental 4/30/12 New York Inattentive trucker backed into fatal Jonathan S. Damashek, New York, NY of Hecht, Kleeger & Damashek, P.C. $1,500,000 Services Inc. Supreme accident, suit alleged
Demma v. New Hartford Central School 1/24/12 Oneida Supreme Teen struck by car after exiting school bus Marc Jonas, Utica, NY of Law Of ces of Marc Jonas $1,300,000 District
Hellman v. Pittari 6/12/12 Richmond Man struck by car, sustained fractures and Jonathan D'Agostino, Staten Island, NY of Jonathan D'Agostino & $1,250,000 Supreme degloving injury Associates, PC
Kallem v. Mandracchia 6/18/12 Queens Driver didn't yield while leaving parking Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP $1,250,000 Supreme lot, injured man claimed
Estate of Jimenez v. Premier Contracting 1/31/12 Bronx Supreme Construction rms didn't provide spotter Pat James Crispi, New York, NY of Keogh Crispi, P.C. $1,200,000 of New York Inc. for truck driver: suit
White v. New York City Transit Authority 2/9/12 Richmond Fatal accident blamed on bus driver's Michael J. Kuharski, Staten Island, NY of Kuharski, $1,000,000 Supreme failure to yield Levitz & Giovinazzo, Esqs.
VerdictSearch’s Top NY Settlements of 2012 39
2012NYTopSettlements52.indd 39 12/14/12 4:34:23 PM 2012 TOP SETTLEMENTS NY
Motor Vehicle Accident - Pedestrians
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Herrera v. Lever 4/17/12 Kings Supreme Plaintiff claimed driver sped through red Thomas J. Moverman, Alan M. Shapey and Marc E. Freund, New York, NY $975,000 light and struck him of Lipsig, Shapey, Manus & Moverman, P.C.
Father Carlos Lopez Acosta v. Sphinx 11/13/12 Bronx Supreme Illegally parked vehicles obstructed view John D. Zaremba of Zaremba Brownell & Brown PLLC $912,000 Transportation of driver who struck plaintiff causing brain injuries Tatishev v. The City of New York 4/25/12 New York Plaintiff contended that of cer was driving Liza Milgrim, New York, NY of Sullivan Papain Block McGrath & $900,000 Supreme recklessly Cannavo P.C. Martinez v. Perla Express Inc. 5/30/12 Queens Garage's attendant was struck by Jordan D. Hecht, New York, NY of Hecht, Kleeger, Pintel & Damashek $825,000 Supreme reversing vehicle Marriner v. Pierce 5/4/12 Albany Supreme Tow truck's operator hit while attending Kevin A. Moss, Altamont, NY of Law Of ce of Kevin A. Moss; John K. Pow- $675,000 to disabled vehicle ers, Albany, NY of Powers & Santola, LLP, Albany, NY, of counsel Malmed v. State of New York 7/7/12 Ct. of Claims, Motor Vehicle:Pedestrian knockdown Richard S. Vecchio of Worby Groner Edelman, LLP, White Plains, NY $600,000 Binghamton Hanif v. Stern 4/25/12 Kings Supreme Inattentive driver backed into collision, Costas M. Eliades, New York, NY of Law Of ces of Costas M. Eliades, P.C. $500,000 pedestrian claimed Patel v. Ministry on Wheels Inc. 7/19/12 Kings Supreme Man hit by bus claimed driver strayed left Kenneth A. Wilhelm, New York, NY of Law Of ces of Kenneth A. Wilhelm $450,000 in traf c Graser v. Falcone 3/15/12 Onondaga Speeding, impaired driver struck pedes- Thomas F. Shannon, Syracuse, NY of Lynn Law Firm $400,000 Supreme trian, suit alleged Fedorova v. Enterprise FM Trust 6/8/12 New York Plaintiff hit by car, claimed driver ran red Andrew J. Levine & Howard A. Raphaelson, New York, NY of Raphaelson $365,000 Supreme light & Levine Law Firm P.C. Ritums v. North Shore University Hospital 1/11/12 Queens Ambulance's driver not attentive to road Michael E. Glynn, Brooklyn, NY of Law Of ce of Yuriy Prakhin, P.C. $360,000 Supreme conditions, suit alleged Tonnessen v. Soil Solutions Inc. 6/5/12 Kings Supreme Turning driver failed to yield, injured Andrew J. Levine & Howard A. Raphaelson, New York, NY of Raphaelson $225,000 pedestrian claimed & Levine Law Firm, P.C. George Lehner v. Kimberly A. Coffey and 11/12/12 Suffolk Supreme Pedestrian: Motorist’s inattention caused Erik L. Gray & Amy Rosenbloom, New York, NY ofWeiss & Rosenbloom, $225,000 John Coffey plaintiff to be struck by car while crossing P.C., New York, NY street. Ndesanjo v. 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2012NYTopSettlements52.indd 40 12/14/12 4:34:27 PM LIPSIG, SHAPEY, MANUS & MOVERMAN
For decades, the law firm of Lipsig, Shapey, Manus & Moverman has successfully represented thousands of injured individuals and families involved in personal injury or wrongful death cases, recovering hundreds of millions of dollars. Throughout the years, we have been privileged to have had hundreds of our fellow practitioners refer us their personal injury matters, to be handled in our own person- alized and experienced manner. Our reputation with co-counsel in such cases speaks for itself. Should you or your law firm wish us to review and litigate serious personal injury matters, do not hesitate to contact us at 212-285-3300, or visit us online at www.lipsig.com.
#1 SETTLEMENT FOR 2012 “Jane Doe” vs. NYCTA, settled on 12/11/12 for $17 million - Queens Supreme Plaintiff was a pedestrian struck by a NYCTA bus and lost one leg, one arm and the sight in one eye.
# 29 OF THE TOP 30 NY SETTLEMENTS OF 2012! #3 case of the Premises Liability - Negligent Repair/Maintenance NY Settlements of 2012! Aquila v. Horizon House Co. LLC - $3,000,000 Settlement - Queens Supreme Repairs worsened dangerous stairway, plaintiff claimed
#12 of the Premises Liability - Negligent Repair/Maintenance NY Settlements of 2012! Mirakaj v. Empire Condominium - $700,000 Settlement - Bronx Supreme Sloppy shoveling work made sidewalk dangerous, suit alleged
ADDITIONAL SETTLEMENTS Cruickshank v. 536 W. 54th LLC A, et al. Supreme Kings. Labor law - fall from ladder. Settled for $3,000,000. Rudder v. 225 Parkside Associates, et al. Supreme Kings. Failure to maintain sidewalk outside commercial store. Settled for $1,950,000. Gjona v. Calabrese, et al. Supreme Kings. Passenger in two-car, left-turn accident. Settled for $1,100.000.
Lipsig, Shapey, Manus & Moverman, P.C. | 40 Fulton St., 25th Floor, New York, NY 10038 | Phone: 212-285-3300 | Fax: 212-406-4544 | www.lipsig.com
2012NYTopSettlements52.indd 41 12/14/12 4:34:32 PM 2012 TOP SETTLEMENTS NY
Motor Vehicle Accident - Pedestrians
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Amy v. Urwin 2/7/12 Kings Supreme Man pinned by car, claimed he sustained Marilyn Nelson-Cashman, New York, NY of The Cashman Law Firm $185,000 tears of shoulder Merrill v. Platt 5/21/12 Suffolk Supreme Verbal dispute ended with man being hit Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $150,000 by car, suit alleged Zimmerman v. Dwyer 4/2/12 Dutchess Intoxicated driver sped through crowd, Lawrence A. Breslow, Poughkeepsie, NY of Rutberg & Basso Personal $100,000 Supreme struck man, suit alleged Injury Law Schermerhorn v. Turner 3/14/12 Otsego Supreme Snowboarder hit by truck, claimed driver Stephen P. Joyce, Sherburne, NY of Joyce and Holbrook $100,000 lost control Seo v. Lo 4/3/12 Queens Suit's parties debated site of collision Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $100,000 Supreme between car and woman Park, LLP, New York, NY Kim v. Chu 2/10/12 Queens Woman toppled in collision with scooter- Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $100,000 Supreme riding policeman Park, LLP, New York, NY Wagner v. Johnson 5/1/12 Ulster Supreme Man was struck while crossing road Alfred B. Mainetti, Kingston, NY of Mainetti, Mainetti & O'Connor, PC $97,000 Frazier v. New York City Transit Authority 6/23/12 Queens Plaintiff claimed bus driver pulled out of Seth M. Katz, Brooklyn, NY of Law Of ces of William Pager $95,000 Supreme stop and struck him Chung v. Adjepong 1/23/12 Queens Sun's glare not an excuse for car accident, Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $85,000 Supreme plaintiff claimed Park, LLP, New York, NY Ritter v. Popovici 5/8/12 Monroe Motorist didn't notice trailer on road, Scott Carlton, Rochester, NY of Cellino & Barnes, P.C. $45,000 Supreme plaintiff claimed
Motor Vehicle Accident - Intersection
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Tiabo v. Fire Systems Inc. 7/17/12 Kings Supreme Question of Lights: Motorist turned Scott Occhiogross & Daniel P. O'Toole, New York, NY of Block O'Toole $4,000,000 through red light, caused crash, plaintiff & Murphy, LLP, New York, NY, trial counsel, Elliot Ifraimoff & Associates, claimed P.C., Forest Hills, NY Cosimo v. Debski 3/7/12 Suffolk Supreme Intersection accident resulting in fatality, S. Joseph Donahue & Jeffrey A. Block of Block O'Toole & Murphy, LLP, $3,000,000 question of lights New York, NY
Cassisi v. City of New York and Berrios 7/8/12 Bronx Supreme Intersection: Plaintiff's vehicle struck by John M. Hochfelder (lead). Law Firm of John M. Hochfelder, White Plains, $2,600,000 NYC street sweeper vehicle, question of NY and Nick Gjelaj, Mullaney & Gjelaj, Middle Village, NY lights Felton v. Tourtoulis 1/27/12 Nassau Supreme Stop Sign: Car crash aggravated spinal Adam D. Cahn, New York, NY of Sakkas, Cahn & Weiss, LLP; Mitchel E. $650,000 woes, plaintiff claimed Weiss, New York, NY of Sakkas, Cahn & Weiss, LLP Dumont v..Dusowitz 10/10/12 Kings Supreme Red Light: Motorist ignored red light, plain- Alan J. Stern, Alan J. Stern, P.C., Garden City, NY $500,000 tiff sustained head, neck and back injuries Arenas v. Schwonke 3/20/12 Monroe Red Light: Car crash caused injuries of Richard P. Amico, Rochester, NY of Cellino & Barnes, P.C.; Nicholas Davis, $400,000 Supreme spine, shoulder, plaintiff claimed Rochester, NY of Cellino & Barnes, P.C. Gerace-Murdent v. Kimmerer 6/18/12 Onondaga Stop Sign: Motorist skidded through stop James B. Fleckenstein, Syracuse, NY $150,000 Supreme sign, caused crash, suit alleged Liberty v. Senchack 9/10/12 Rensselaer Stop Sign: Motorist ignored stop sign, Michael T. McGarry, Newburgh, NY of Finkelstein & Partners, LLP $125,000 Supreme caused crash, plaintiff claimed Maskell v. Leroy 1/9/12 Dutchess Red Light: Driver lurched through red Richard Greenblatt, Poughkeepsie, NY of Rutberg Injury Law $112,500 Supreme light, caused crash, plaintiff alleged Paravizzini v. Allstate Insurance Co. 2/10/12 American Arbitra- Red Light: Motorist ignored red light, Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C. $100,000 tion Association caused crash, claimant alleged Price v. Kennerly 3/23/12 Albany Supreme Stop Sign: Injury's neurological de cits Michael Emminger, Newburgh, NY of Finkelstein & Partners LLP $100,000 affect work, carpenter claimed Detraglia v. Grant 4/18/12 Saratoga Intersection: 15-year-old passenger in Thomas A. Conway, Latham, NY of Conway & Kirby, L.L.P. $100,000 Supreme sister's vehicle struck by the defendant Brzostek v. Baye 6/7/12 Onondaga Right Turn: Motorist's ill-advised attempt Joanne Van Dyke, Syracuse, NY of Cote & Van Dyke LLP $84,000 Supreme to pass caused accident, suit alleged Park v. Kwon 7/16/12 Queens Stop Sign: Motorist ignored stop sign, Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $75,000 Supreme caused crash, plaintiff claimed Park, LLP, New York, NY Kuzmik v. Gray 5/14/12 Orange Stop Sign: Motorist disregarded stop sign, Richard Greenblatt, Poughkeepsie, NY of Rutberg Basso Personal Injury $70,000 Supreme caused crash, plaintiff alleged Law Kim v. Perry 1/17/12 Queens Question of Lights: Car crash's parties Robert Alan Saasto, Hicksville, NY of Hicksville, NY, trial counsel, Sim & $50,000 Supreme each claimed right of way Park, LLP, New York, NY Ventura v. Min 4/25/12 Monroe Stop Sign: Elderly plaintiff claimed accident Joel Schecter, Buffalo, NY of Watson, Bennett, Colligan, Johnson & Schech- $50,000 Supreme ended her independence ter Fox v. Montes-Raya 5/17/12 Niagara Question of Lights: Car crash's parties John Sheehan, Buffalo, NY of Cellino & Barnes P.C. $30,000 Supreme disputed right of way Longo v. Delgado 7/18/12 Sullivan Supreme Stop Sign: Motorist ignored stop sign, Stuart W. Mosbacher, Middletown, NY of Sobo & Sobo L.L.P. $25,000 caused crash, plaintiff claimed Burgos-Roberts v. Brinson 7/26/12 Sullivan Supreme Question of Lights: Car crash caused inju- Gus P. Fotopoulos, Middletown, NY of Sobo & Sobo, LLP $20,000 ries of back and neck, plaintiff claimed
42 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 42 12/14/12 4:34:37 PM 2012 TOP SETTLEMENTS NY
Motor Vehicle Accident - Intersection
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Pilatos v. Vankasten 1/19/12 Queens Right Turn: Motorist turned from wrong Dennis S. Matarangas, New York, NY of Bournazos & Matarangas, P.C. $7,000 Supreme lane, plaintiff claimed
Motor Vehicle Accident - Rear End Collision
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Proila v. Mike Smith Buick Pontiac Inc. 3/12/12 Erie Supreme Car crash caused fractures of hip, spine, Charles Cobb, Buffalo, NY of Collins & Collins LLC; William B. Collins, $2,300,000 plaintiff claimed Buffalo, NY of Collins & Collins LLC Murphy v. Trongone 2/6/12 Westchester Traf c accident caused injuries of neck, Michael B. Ronemus, New York, NY of Ronemus & Vilensky $2,250,000 Supreme shoulder, plaintiff claimed Hernandez v. Advance Transit Co, Inc., 11/13/12 Bronx Supreme Rear-ender: Passenger in accessible bus Alan J. Stern, Garden City, NY, of Alan J. Stern P.C. $2,075,000 et. Al struck by pick-up truck, aggravating prior injuries & requiring back surgery Hajdari v. Deazamieses 7/17/12 Bronx Supreme Car crash caused injuries of spine, plaintiff S. Joseph Donahue, New York, NY of Block O'Toole & Murphy, LLP $1,250,000 claimed Carrasco v. Radomski 4/12/12 New York Traf c accident ruptured fused area of Jay S. Hausman, Harrison, NY of Hausman & Pendzick; Elizabeth M. Pendz- $825,000 Supreme spine, plaintiff claimed ick, Harrison, NY of Hausman & Pendzick Rotondi v. Scarsdale Union Free School 4/26/12 Westchester Plaintiff broke heel and shin in vehicular Nicholas E. Tzaneteas, Mineola, NY of Law Of ce of Stephen H. Frankel $775,000 District Supreme accident Spencer v. Castle Oil Corp. 7/11/12 Bronx Supreme Tailgating driver wasn't ready for sudden Jason Shapiro, Bronx, NY of Shapiro Law Of ces, PLLC $750,000 stop, plaintiff claimed Bell v. Weingartner 5/21/12 Suffolk Supreme Car crash caused injuries of back, shoulder, Denny Brown, Ronkonkoma, NY of Gruenberg Kelly Della $700,000 plaintiffs claimed Scaplehorn v. New York Central Mutual 6/4/12 American Car crash caused spinal injuries, claimant Christina M. Killerlane, White Plains, NY of Killerlane Law Of ces $500,000 Insurance Co. Arbitration contended Association Winnicki v. Crowley 3/22/12 Monroe Platintiff's 'minor' injury became 'major' as Peter T. Rodgers, Rochester, NY of Lacy, Katzen, Ryen & Mittleman, LLP $175,000 Supreme time passed Roberts v. McMurray 4/2/12 Clinton Supreme Car crash led to jaw disorder, plaintiff Donald W. Biggs, Albany, NY of O'Connell and Aronowitz, PC $150,000 claimed
Alan S. Ripka, Esq. is honored to have achieved many Top NY Settlements in 2012 $1,250,000 - Top Three in Motor Vehicle
Personal Injury Medical Malpractice Environmental Litigation Investment Fraud Pharmaceutical Litigation Motor Vehicle Accidents Asbestos / Mesothelioma Workers’ Compensation Social Security Disability Benefits Headquarters Sandy Insurance Claims Empire State Building 350 Fifth Avenue New York, NY 10118 646.381.7066 NapoliBern.com aripka@nbrlawfirm.com
VerdictSearch’s Top NY Settlements of 2012 43
2012NYTopSettlements52.indd 43 12/14/12 5:14:55 PM 2012 TOP SETTLEMENTS NY Motor Vehicle Accident - Rear End Collision TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Py v. Liberty Mutual Insurance Co. 4/13/12 Matter not led Car crash caused tears of knee, ankle, Denny Brown, Ronkonkoma, NY of Gruenberg Kelly Della $143,500 claimant alleged Dolen v. Vota Electrical & Construction 6/18/12 Suffolk Supreme Plaintiff claimed highway crash led to ve Daniel Del Luca, Ronkonkoma, NY of Daniel Williams & Associates; E. $125,000 Inc. surgeries, disability David Woycik, Jr., Mineola, NY of Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C. Manzello v. Iorio 3/28/12 Suffolk Supreme Auto accident caused damage of nerve, Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $100,000 plaintiff claimed Premises Liability Raymond Febres v. GEICO 5/19/12 American Claimant’s car was rear ended while Erik L. Gray, Weiss & Rosenbloom, P.C., New York, NY $100,000 Arbitration stopped for toll, which caused permanent Association back injury Freligh v. Fitzgerald 5/1/12 Ulster Supreme Traf c accident caused brain injury, plaintiff John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello LLP $100,000 claimed Premises Liability Jones v. Elias 4/5/12 Ulster Supreme Car crash led to fusion of neck, plaintiff Michael H. Forrester, New Windsor, NY of Silver, Forrester & Lesser, P.C. $100,000 claimed Luke v. Whalen 1/3/12 Onondaga Motorist not mindful of icy conditions, James L. Alexander, Syracuse, NY of Alexander & Catalano, L.L.P. $90,000 Supreme plaintiff claimed Fusco v. McGuigan 2/29/12 Dutchess Traf c accident caused partial disability, Lawrence A. Breslow, Poughkeepsie, NY of Rutberg Personal Injury Law $75,000 Premises Liability - Gym Accident Supreme therapist claimed Ahearn v. Orr 5/11/12 Ulster Supreme Car crash caused debilitating spinal inju- Jeff Brody, Kingston, NY of Jeff Brody & Associates $75,000 ries, plaintiff claimed Wood v. Schillinger 3/12/12 Ulster Supreme Traf c accident caused injuries of face, Eli B. Basch, Kingston, NY of Basch & Keegan, L.L.P. $75,000 neck, plaintiff claimed Premises Liability - Negligent Repair/Maintenance Whittaker v. Hanlon 2/23/12 Ulster Supreme Multi-car accident caused shoulder tear, Daniel G. Heppner, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello $70,000 plaintiff claimed Levitch v. MacNeil 3/12/12 Dutchess Car crash caused injuries of jaw, spine, Richard Greenblatt, Poughkeepsie, NY of Rutberg Basso $50,000 Supreme breast, plaintiff claimed Personal Injury Law; Henriksen v. Wascarys 7/26/12 Ulster Supreme Car crash caused concussion, ankle frac- Alfred B. Mainetti, Kingston, NY of Mainetti, Mainetti & O'Connor, PC $45,000 ture, plaintiff claimed VanNostrand v. Wilcox 3/2/12 Fulton Supreme Traf c accident caused back, head injuries, Robert Abdella, Gloversville, NY of Abdella Law Of ces $42,500 plaintiff claimed
Motor Vehicle Accident - Negligent Operation
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Bookless v. Action Carting 5/7/12 Putnam Driver Fatigue: Highway crash blamed on Richard S. Vecchio, White Plains, NY of Worby Groner Edelman, LLP $4,250,000 Supreme sleepy trucker Singh v. Dynamic Automation Systems 5/31/12 Queens Broadside: Motorist slow to react to Robert Alan Saasto of Hicksville, NY, trial counsel ; Paul F. Oliveri, New $2,500,000 Inc. Supreme emergency, plaintiff claimed York, NY of Oliveri & Schwartz, P.C. Swindell v. Morris 7/17/12 Bronx Supreme Sideswipe: Motorist wandered during turn, Stephen J. Murphy (lead) & David L. Scher, New York, NY of Block $1,050,000 caused crash, plaintiff claimed O'Toole & Murphy, LLP Fritz v. Crapser 4/1/12 Ulster Supreme Side Swipe: Defendant crossed into John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner, & Martuscello LLP $250,000 oncoming lane causing back injury Ackerman v. WM J. Keller & Sons Con- 8/28/12 Rensselaer Speeding: Car crash blamed on driver's Matthew J. Kelly, Albany, NY of Roemer Wallens Gold & Mineaux LLP $225,000 struction Corp. Supreme disregard for snowy conditions Miller v. Trident Insurance Company 8/1/12 Ulster Supreme Uninsured Motorist Claim Hit and Run John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner, & Martuscello LLP $175,000 driver caused plaintiff back injuries Ernest & Caralee Henkel v. Estate of Daryl 3/1/12 Ulster Supreme Head-on Collision: Defendant driving John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner, & Martuscello LLP $ 175,000 Spencer wrong way on one way street causes head on crash Biton v. Weiss 7/27/12 Kings Supreme Speeding: Speeding driver's wide turn Justin S. Blash, New York, NY of New York, NY, trial counsel, Michael N. $150,000 caused crash, plaintiff claimed David Rivera v. Hughes 4/1/12 Suffolk Supreme Single Vehicle: Boyfriend didn't disclose Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg $100,000 car's brake problem, plaintiff claimed Kelly Della Dayton v. Shen 5/14/12 Ulster Supreme U-Turn: Trucker claimed shoulder injury John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello LLP $100,000 prevents resumption of work Cutolo v. Allstate Property & Casualty 3/1/12 Ulster Supreme Underinsured Motorist: Car crash caused Regina Fitzpatrick, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C. $40,000 Insurance Cos. knee, wrist injuries, plaintiff claimed Persabch v. Sausa 1/18/12 Suffolk Supreme U-Turn: Motorist's turn across traf c led Matthew Marino, Medford, NY of Jacoby & Jacoby $20,000 to accident, plaintiff claimed Sabatino v. Williams 5/29/12 Suffolk County Traf c Offenses: Car crash caused back, Leo G. Bevolas, Melville, NY of Kenneth M. Mollins, P.C. $7,500 neck, shoulder injuries, plaintiff claimed
44 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 44 12/14/12 4:34:50 PM TOP 2012 SETTLEMENTS BY CATEGORY
Premises Liability Premises Liability Premises Liability - Gym Accident Premises Liability - Negligent Repair/Maintenance
2012NYTopSettlements52.indd 45 12/14/12 4:34:53 PM 2012 TOP SETTLEMENTS NY 45 Broadway, Suite 3020, New York, NY 10006 Premises Liability Phone: (212) 566-4891 Fax: (212) 271-3314 www.dautilaw.com CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT The Dauti Law Firm, P.C. Kramer v. Cury, Chan, et. al. 5/30/12 Bronx Supreme Repair shop's patron claimed plumbing Ylber Albert Dauti; The Dauti Law Firm, P.C.; New York, NY $1,760,000 trench a hazard e Dauti Law Firm, P.C. represents Hector Cruz v. One Hanover LLC 11/12/12 New York Plaintiff claimed a traumatic brain injury after John D. Zaremba of Zaremba Brownell & Brown PLLC $725,000 Supreme falling down stairs of restaurant a diversi ed group of clients, both Becker v. 150 Haven Associates, L.P. et al. 11/19/12 New York Lead Paint exposure: Settlement for individual Stuart L. Finz and Todd M. Rubin, Mineola & New York of Finz & Finz P.C. $500,000 Supreme who was exposed to lead paint in his family’s individuals and companies, in apartment when he was an infant domestic and international civil and MacFarlane v. 31 Union Square West, LLC 2/17/12 New York Dangerous Condition: Restaurant's steps Alan M. Greenberg, New York, NY of Law Of ces of Alan M. Greenberg, $450,000 Supreme dif cult to notice, injured patron claimed P. C . commercial litigation matters. Singh v. 111-55 77th Realty LLC 2/28/12 Queens Dangerous Condition: Building's entryway Matthew C. Lombardi, New York, NY of Tolmage, Peskin, Harris & Falcik $300,000 e Firm uses its knowledge of Supreme step not noticeable, deliveryman claimed Lianandonakis v. Petco 5/9/12 Suffolk Supreme Dangerous Condition: Parking lot's ramp Denny Brown, Ronkonkoma, NY of Gruenberg Kelly Della $125,000 many aspects of the law to develop not noticeable, plaintiff claimed innovative strategies for negotiation Premises Liability - Gym Accident and litigation with a single objective: To reach the best results for its clients CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Mellampe v. Bally Total Fitness of Greater 2/15/12 Bronx Supreme Premises Liability: Gym: Fitness club's patron Nancy M. McGee, Kew Gardens, NY of Wisell & McGee; John T. Wisell, $1,400,000 in the shortest possible period of time. New York Inc. hurt when other patron dropped bench Kew Gardens, NY of Wisell & McGee
Mellon v. Crunch 2/21/12 Kings Supreme Premises Liability: Gym accident: Personal Andrew J. Smiley, New York, NY of Smiley & Smiley, L.L.P. $300,000 ® trainer oversaw risky exercise, plaintiff alleged Mr. Dauti is a life member of MILLION DOLLAR ADVOCATES FORUM MULTI-MILLION DOLLAR ADVOCATES FORUM TM Premises Liability - Negligent Repair/Maintenance e Top Trial Lawyers In AmericaTM
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Jackson v. Three Nickels, LLC 6/20/12 Kings Supreme Defective shower burned tot, mother claimed Jonathan S. Damashek, New York, NY of Hecht Kleeger & Damashek, PC $4,000,000 Reeves v. 1710 Broadway, LLC 2/27/12 Queens Icy conditions caused leak on stairway, Bryan J. Swerling, New York, NY; Aaron G. Baily, White Plains, NY of The $3,250,000 Supreme plaintiff claimed Law Of ce of Aaron G. Baily #1 SETTLEMENT IN NEW YORK Aquila v. Horizon House Co. LLC 6/29/12 Queens Repairs worsened dangerous stairway, Thomas J. Moverman, Alan M. Shapey and Marc E. Freund, New York, NY $3,000,000 Supreme plaintiff claimed of Lipsig, Shapey, Manus & Moverman, P.C. Perez v. Menford Realty Corp. 8/30/12 Bronx Supreme Infant poisoned by apartment's lead-based Philip Monier, III, New York, NY of Levy, Phillips & Konigsberg, LLP $2,700,000 paint, suit alleged Ylber Albert Dauti is honored to be included in the Top New York Verdicts/Settlements for the fourth year in a row and to Mariash v. 1230 Brook Avenue Corp. 5/10/12 New York Building's entryway landing a hazard, Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C. $1,700,000 have the #1 reported settlement in Premises Liability for 2012 in New York. Supreme plaintiff alleged Tiongson v. 5100 Sunrise, LLC 3/15/12 Kings Supreme Stairway's repair created new hazard, Kostantinos Mallas, Brooklyn, NY of Georgaklis & Mallas PLLC, Brooklyn, $1,650,000 plaintiff claimed NY, trial counsel, Crasto & Associates $1.76 million award on Kramer v. Curry, et.al., (2012) Vallar v. New York City Health and Hospi- 3/8/12 Queens Hospital too slow to address puddle, Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz $1,000,000 tals Corp. Supreme plaintiff claimed Schatz & Frederick, L.L.P. Bailey v. Conway Stores Inc. 3/14/12 Kings Supreme Store's stairway littered with debris, Nicholas I. Timko, New York, NY of Kahn, Gordon, Timko & Rodriques, $925,000 In the past Mr. Dauti has also been featured with million dollar awards: injured customer alleged P. C . Garcia v. Westbury Meat Corp. 6/18/12 Nassau Supreme Market's customer: Unchecked drainage Stephen J. Murphy (lead) & Christopher F. Holbrook, New York, NY of $900,000 setup caused hazard Block O'Toole & Murphy, LLP $1.2 million award on Bajrami v. 5400 Company, et.al. (2011) Bertrand v. New York City Housing Au- 3/30/12 Kings Supreme Inexperienced repairman caused Vito A. Cannavo & Frank V. Floriani, New York, NY of Sullivan Papain Block $875,000 thority explosion, family alleged McGrath & Cannavo P.C. $1.81 million award on John & Jane Doe v. ABC Corp. (Mediated Con dential Settlement - 2011) Riley v. OTIC Professional Condominium 4/5/12 New York Condo's operators ignored cracked Ronald J. Katter, New York, NY of Law Of ce of Ronald Katter $850,000 $2.225 million award on Xhaferri v. Housing Partnership Development Corp., et. al. (2010) Supreme walkways, suit alleged $1.68 million award on Maliqi v. 17 E. 89th Street Tenants, Inc., et.al., where at the time of trial plainti was in Mirakaj v. Empire Condominium 3/27/12 Bronx Supreme Sloppy shoveling work made sidewalk Thomas J. Moverman, Alan M. Shapey and Marc E. Freund, New York, NY $700,000 dangerous, suit alleged of Lipsig, Shapey, Manus & Moverman, P.C. deportation immigration proceedings (2009). Ortiz v. Dames 1/30/12 Kings Supreme Infant scalded in sink; mother blamed Edward A. Steinberg, New York, NY of Leav & Steinberg LLP $525,000 faulty boiler and faucet Urrutia v. Old Westbury Golf & Country 1/11/12 Nassau Supreme Country club's stairs a slippery hazard, Kevin T. Grennan, Garden City, NY of Law Of ces of Kevin T. Grennan, $500,000 Mr. Dauti has been practicing civil litigation in New York for over a decade and he is also a duly licensed Solicitor in England Club Inc. deliveryman claimed PLLC and Wales. Ingrassia v. Simon Property Group Inc. 6/1/12 Nassau Supreme Maintenance crew overlooked mall's icy Stuart L. Finz (lead) & Todd M. Rubin, Mineola, NY of Finz & Finz, P.C. $465,000 sidewalk, suit alleged Spohn-Lind v. Casarella Foreign and 3/29/12 Westchester Plaintiff claimed she slipped on ice at Richard S. Vecchio, White Plains, NY of Worby Groner Edelman, LLP $450,000 Mr. Dauti has successfully tried and settled numerous civil actions on behalf of both his own clients and those referred to American Car Auto Repair Inc. Supreme gasoline station him by other attorneys. He continues to successfully champion the rights of undocumented workers to recover in personal Palmer v. Patchen Avenue Cluster Hous- 2/7/12 Kings Supreme Building's re-escape ladder not safe, Alan S. Ripka, New York, NY of Napoli, Bern, Ripka, Shkolnik, LLP $450,000 ing Development Fund Corp. repairman claimed injury cases. Fragaso v. Parapi 6/12/12 Queens Apartment building's tenant tore Achilles Andrew M. Laskin, New York, NY of Robinson & Yablon, PC $425,000 Supreme tendon in fall on stairs Moschella v. Moschella 3/12/12 Richmond Landlord ignored stairway's defect, tenant Edward J. Pavia, Jr., Staten Island, NY of Jonathan D'Agostino & Associates, $400,000 e Dauti Law Firm, PC handles cases involving construction accidents, wrongful death, general liability, automobile Supreme claimed P. C . accidents involving serious injuries, commercial litigation, international transactions and international arbitration. Gray v. Dykes Lumber Co Inc 9/20/12 Kings Supreme Lumber yard's operator ignored icy Herbert Moreira-Brown, Bronx, NY of Law Of ces of Herbert Moreira- $350,000 parking lot, patron claimed Brown Mr. Dauti speaks several languages and he is a member of various national and international bar associations. 46 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 46 12/14/12 4:34:58 PM 45 Broadway, Suite 3020, New York, NY 10006 Phone: (212) 566-4891 Fax: (212) 271-3314 The Dauti Law Firm, P.C. www.dautilaw.com e Dauti Law Firm, P.C. represents a diversi ed group of clients, both individuals and companies, in domestic and international civil and commercial litigation matters. e Firm uses its knowledge of many aspects of the law to develop innovative strategies for negotiation and litigation with a single objective: To reach the best results for its clients in the shortest possible period of time.
Mr. Dauti is a life member of MILLION DOLLAR ADVOCATES FORUM® MULTI-MILLION DOLLAR ADVOCATES FORUM TM e Top Trial Lawyers In AmericaTM #1 SETTLEMENT IN NEW YORK
Ylber Albert Dauti is honored to be included in the Top New York Verdicts/Settlements for the fourth year in a row and to have the #1 reported settlement in Premises Liability for 2012 in New York.
$1.76 million award on Kramer v. Curry, et.al., (2012)
In the past Mr. Dauti has also been featured with million dollar awards:
$1.2 million award on Bajrami v. 5400 Company, et.al. (2011) $1.81 million award on John & Jane Doe v. ABC Corp. (Mediated Con dential Settlement - 2011) $2.225 million award on Xhaferri v. Housing Partnership Development Corp., et. al. (2010) $1.68 million award on Maliqi v. 17 E. 89th Street Tenants, Inc., et.al., where at the time of trial plainti was in deportation immigration proceedings (2009).
Mr. Dauti has been practicing civil litigation in New York for over a decade and he is also a duly licensed Solicitor in England and Wales.
Mr. Dauti has successfully tried and settled numerous civil actions on behalf of both his own clients and those referred to him by other attorneys. He continues to successfully champion the rights of undocumented workers to recover in personal injury cases.
e Dauti Law Firm, PC handles cases involving construction accidents, wrongful death, general liability, automobile accidents involving serious injuries, commercial litigation, international transactions and international arbitration.
Mr. Dauti speaks several languages and he is a member of various national and international bar associations.
2012NYTopSettlements52.indd 47 12/14/12 4:35:02 PM 2012 TOP SETTLEMENTS NY Premises Liability - Negligent Repair/Maintenance TOP 2012 SETTLEMENTS BY CATEGORY CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Rolack v. AP-Amsterdam 526 West 161st 3/1/12 Bronx Supreme Mold was ignored until ceiling collapsed, Alan M. Greenberg, New York, NY of Law Of ces of Alan M. Greenberg, $295,000 LLC plaintiff claimed P. C . Blandford v. Hess Corp. 7/17/12 Chemung Gas station's manager ignored icy condi- Scott C. Gottlieb, Binghamton, NY of Law Of ces of Scott C. Gottlieb $250,000 Supreme tions, patron alleged and Associates, LLP Lopez v. Pastilha 4/24/12 Bronx Supreme Apartment's terrace cracked and slippery, Eric H. Morrison, New York, NY of Morrison & Wagner $250,000 guest claimed Desprez v. 840 Realty LLC 5/1/12 Kings Supreme Building's porter ignored slippery stairs, Stuart Wagner, New York, NY of Morrison & Wagner $225,000 Products Liability suit alleged Temple v. NYC Transit Authority 9/11/12 Bronx Supreme Subway station's stairs an icy hazard, Lee M. Huttner, New York, NY of trial counsel, Silbowitz, Garafola, Silbow- $200,000 commuter alleged itz, Schatz & Frederick LLP Degtareva v. Kaplan Employment Agency, 3/29/12 Kings Supreme Business's owners ignored damaged Stuart Wagner, New York, NY of Morrison & Wagner $200,000 Inc sidewalk, suit alleged Products Liability Stanton v. Briarcliff College Inc. 2/9/12 Suffolk Supreme Accident a result of years of poor mainte- Glenn Auletta & Michael DellaUniversita, Ronkonkoma, NY of Gruenberg $199,000 nance, plaintiff claimed Kelly Della LaPosta v. Follini 5/16/12 Rensselaer Landlord's failure to x door led to rape, Nancy Y. Morgan, Newburgh, NY of Finkelstein & Partners, LLP $190,000 Supreme tenant claimed Quarantino v. Hess Corp. 8/28/12 Ulster Supreme Gas station's patron claimed he tripped David F. Kunz, Albany, NY of DeGraff, Foy & Kunz, LLP $150,000 on mat Nadler v. Churchill Corporate Services Inc. 6/8/12 New York Landlords ignored broken toilet, plaintiff Frank V. Kelly, Bronx, NY of William A. Gallina $150,000 Supreme claimed Baez v. Sullivan County Community Col- 2/28/12 Sullivan Supreme College's staff didn't clear icy walkway, Robert M. Ginsberg, New York, NY of Ginsberg & Wolf, P.C. $150,000 lege student alleged Vinette v. Sunburst Associates 5/9/12 Onondaga Landlord painted steps but didn't x them, Peter Catalano, Syracuse, NY of Alexander & Catalano, L.L.P. $135,000 Supreme tenant claimed Kane v. Turf Parillo, LLC 6/15/12 Onondaga Hotel's parking lot icy and poorly lighted, Patricia A. Lynn-Ford, Syracuse, NY of Lynn Law Firm $125,000 Supreme injured guest claimed James v. Western Beef Retail Inc. 3/20/12 Queens Supermarket's leaky package created Alexandra F. Pinilla, Forest Hills, NY of Morton Povman, P.C. $125,000 Supreme hazard, patron alleged Chriss v. Ryckman Realty Co. Inc. 8/29/12 Albany Supreme Landlord ignored icy parking lot, tenant Christopher P. Meyer, Albany, NY of Edward P. Ryan $124,500 claimed
Law Office of ALAN J STERN
300 Garden City Plaza Law Office of Alan J. Stern , a premier New York personal injury firm, Garden City, is proud to have several highly ranked cases in this year’s New York 11530 Top Settlements NY 2012, including a #3 case in Motor Vehicle.
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48 VerdictSearch’s Top NY Settlements of 2012
2012NYTopSettlements52.indd 48 12/14/12 4:35:11 PM TOP 2012 SETTLEMENTS BY CATEGORY
Products Liability Products Liability
VerdictSearch’s Top NY Settlements of 2012 49
2012NYTopSettlements52.indd 49 12/14/12 4:35:14 PM 2012 TOP SETTLEMENTS NY
Products Liability
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT LaPera v. Gabrielli Truck Sales Ltd. 1/24/12 Nassau Supreme Design Defect: Worker burned when David J. Dean, New York, NY of Sullivan Papain Block McGrath & $6,000,000 truck spilled hot asphalt Cannavo PC Suttle v. Hayden Manufacturing 8/16/12 Queens Design Defect: Plaintiff's arm was sliced John E. Ballow, Buffalo, NY of The Ballow Law Firm, P.C. $1,040,000 Supreme when engine's fan fractured Platt v. Bentley Industries, LLC 2/13/12 Greene Design Defect: Boat's railing severed much Richard Greenblatt, Poughkeepsie, NY of Rutberg Basso Personal Injury $90,000 Supreme of woman's nger Law
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2012NYTopSettlements52.indd 51 12/13/12 9:56:24 AM We take your case because we believe in it.
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2012NYTopSettlements52.indd 52 12/13/12 9:56:31 AM