VerdictSearch.com CONTINUALLY ACHIEVING TOP VERDICTS IN NEW YORK STATE This year we are proud to once again have judgments that are ranked among the top verdicts for 2012 in NY State. Among our verdicts was a $6,000,000 judgment that we obtained in Nassau County for wrongful death. This outcome was in addition to the more than $80,000,000 in settlements secured in 2012 for our clients.
At Duffy & Duffy we believe that curing medical malpractice starts with patient safety. We are highly selective in the cases we accept and dedicate all of our efforts to those cases. It’s the reason our verdicts are among the highest in the state.
Based in Uniondale, Long Island, we represent victims of medical malpractice and negligence with dedication and commitment.
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Dear Readers,
Welcome to Top Verdicts New York 2012, a special section of the New York Law Journal.
The lawyers and law firms who are ranked in these listings represent the best of the best in 2012. Their zealous advocacy on behalf of their clients is inspiring and deserving of our respect. Many of them are names you have seen before.
In addition to highlighting the Top 30 verdicts reported to Verdict Search in 2012 we also break down these listings by categories including Construction, Medical Malpractice, Premises Liability, Motor Vehicle and Workplace Safety.
The following pages represent the passion, determination and skillful expertise of your colleagues. The work of these advocates in 2012 was outstanding and we salute them.
If you do not see a case you worked on last year, we encourage you to begin reporting your cases to VerdictSearch. You can submit a case to VerdictSearch by telephone at 347.227.3236. For subscriptions to the VerdictSearch database of 175,000+ cases, call sales at 800.445.6823. 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 submitted important or newsworthy cases.
Finally, I would like to extend a special thanks to the New York Law Journal sales, marketing and design teams as well as our consultant on this project, Brian Corrigan, and his team. Their efforts enabled 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!
Warm regards,
4 VerdictSearch’s Top New York Verdicts of 2012 MEDIATED SETTLEMENTS A SAMPLING OF CASES RESOLVED 2011-2013 IN OUR PERSONAL INJURY DIVISION DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT 1/10/11 3,250,000 8/25/11 4,100,000 2/8/12 3,000,000 6/14/12 3,250,000 10/1/12 2,925,000 2/4/11 2,150,000 8/25/11 3,000,000 2/8/12 2,950,000 6/15/12 2,700,000 10/2/12 12,000,000 2/14/11 2,500,000 8/29/11 3,500,000 2/13/12 2,715,000 6/20/12 11,000,000 10/3/12 4,700,000 2/24/11 8,250,000 9/1/11 3,000,000 2/13/12 2,750,000 6/22/12 3,300,000 10/11/12 3,000,000 2/28/11 6,850,000 9/8/11 2,350,000 2/21/12 5,700,000 6/25/12 4,700,000 10/19/12 3,000,000 3/2/11 3,000,000 9/15/11 2,100,000 2/21/12 4,150,000 6/26/12 3,750,000 10/22/12 3,000,000 3/3/11 2,500,000 9/20/11 2,500,000 2/22/12 3,250,000 7/2/12 11,500,000 10/23/12 3,400,000 3/7/11 8,250,000 9/20/11 2,050,000 2/28/12 3,750,000 7/11/12 5,900,000 11/6/12 5,350,000 3/8/11 6,750,000 9/21/11 3,000,000 3/2/12 2,100,000 7/16/12 2,350,000 11/14/12 4,700,000 3/16/11 2,250,000 9/27/11 2,500,000 3/20/12 5,500,000 7/16/12 5,900,000 11/15/12 2,925,000 3/28/11 2,000,000 9/28/11 3,900,000 3/20/12 3,300,000 7/17/12 4,000,000 11/16/12 3,000,000 3/31/11 6,750,000 9/28/11 3,500,000 3/27/12 2,500,000 7/19/12 2,800,000 11/19/12 5,350,000 4/7/11 11,800,000 9/30/11 3,000,000 3/30/12 2,700,000 7/24/12 2,350,000 11/27/12 2,800,000 4/27/11 2,700,000 9/30/11 2,400,000 4/3/12 2,250,000 8/2/12 2,000,000 12/3/12 2,000,000 4/28/11 3,100,000 10/5/11 2,250,000 4/4/12 4,150,000 8/2/12 2,800,000 12/17/12 9,500,000 5/5/11 2,700,000 10/10/11 3,000,000 4/5/12 15,550,000 8/2/12 2,500,000 12/27/12 3,000,000 5/11/11 8,500,000 10/12/11 2,500,000 4/9/12 2,950,000 8/6/12 1,950,000 1/3/13 2,400,000 5/16/11 2,450,000 10/18/11 3,900,000 4/16/12 3,400,000 8/9/12 2,000,000 1/16/13 5,600,000 6/8/11 3,250,000 10/27/11 5,000,000 4/16/12 3,300,000 8/10/12 2,250,000 1/16/13 2,500,000 6/10/11 2,400,000 10/27/11 2,347,500 4/19/12 15,550,000 8/17/12 2,000,000 2/6/13 2,600,000 6/10/11 3,000,000 11/2/11 4,000,000 4/25/12 3,000,000 8/22/12 3,750,000 2/7/13 3,000,000 6/15/11 2,400,000 11/21/11 3,375,000 4/26/12 2,250,000 8/23/12 3,000,000 2/15/13 2,800,000 6/21/11 8,500,000 12/5/11 3,150,000 4/30/12 3,300,000 8/29/12 5,000,000 2/15/13 2,110,000 6/21/11 2,200,000 12/12/11 3,150,000 5/4/12 11,000,000 9/7/12 3,000,000 2/26/13 7,000,000 6/23/11 6,000,000 1/3/12 3,000,000 5/4/12 4,400,000 9/10/12 4,000,000 3/06/13 2,800,000 7/6/11 2,180,000 1/4/12 2,000,000 5/10/12 2,700,000 9/11/12 2,000,000 3/11/13 2,000,000 7/20/11 3,500,000 1/4/12 5,800,000 5/15/12 4,250,000 9/12/12 2,500,000 3/11/13 3,500,000 7/27/11 4,250,000 1/11/12 3,900,000 5/16/12 4,250,000 9/14/12 2,933,333 3/12/13 2,925,000 7/27/11 2,700,000 1/12/12 2,000,000 5/17/12 4,250,000 9/18/12 3,000,000 3/21/13 6,500,000 7/28/11 3,000,000 1/19/12 5,700,000 5/31/12 2,500,000 9/28/12 11,500,000 3/21/13 4,300,000 8/9/11 6,000,000 2/1/12 17,900,000 5/31/12 2,500,000 10/1/12 3,000,000 4/2/13 3,000,000 8/19/11 2,500,000 2/7/12 2,900,000 5/31/12 2,250,000 10/1/12 2,800,000 4/3/13 2,175,000 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 2012 alone, NAM’s personal injury division resolved nearly $1 billion 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 2012 TOP VERDICTS NY
TOP 30 NEW YORK VERDICTS IN 2012
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
1 Liberty Media Corp. v. Jun 25 U.S. District Court, Fraud: Company's deception marred swap of stock, Michael L. Calhoon , R. Stan Mortenson & Alexandra Walsh, Washington, $956,556,000 Vivendi Universal S.A. SDNY plainti s claimed DC of Baker Botts, LLP 2 Sohl v. Bassett Healthcare Oct 01 Otsego Supreme Failure to Detect: Three doctors overlooked myocar- Charlene S. Fallon, James D. Linnan, Albany, NY of Linnan & Fallon, LLP $144,690,039 Network dial infarction, suit alleged 3 Martin v. New York City May 25 Bronx Supreme Delayed Treatment: Unchecked allergic reaction led Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore $121,000,000 Health and Hospitals Corp. to quadriplegia, suit alleged 4 Debes v. St. Vincent's Medi- Aug 24 Richmond Supreme Failure to Detect: Docs didn't recognize pregnant Richard J. Sgarlato, Staten Island, NY of Sgarlato & Sgarlato PLLC $103,075,618 cal Center-Staten Island woman's contractions, suit alleged 5 Bliss v. Rowland Jan 03 Monroe Supreme Assault and Battery: Nightlife altercation ended Michael R. Law, Rochester, NY of Phillips Lytle LLP $45,527,435 with student paralyzed 6 Kane v. Galtieri Feb 15 Richmond Supreme Intentional Torts : Man killed ex-wife to regain pen- Warren F. van den Houten & Matthew Pavis, Staten Island, NY of Warren $31,736,043 sion bene ts, suit alleged van den Houten, Esq.; Inga Van Eysden, New York, NY of Assistant Corpo- ration Counsel, Michael A. Cardozo, Corporation Counsel 7 Turley v. ISG Lackawanna Inc. Jun 12 U.S. District Court, Worker claimed bosses allowed years of racist Donald B. Eppers & Ryan J. Mills, Bu alo, NY of Brown & Kelly, LLP $25,325,000 WDNY taunts
8 Abreu v. M & M Truck & Mar 01 Bronx Supreme Speeding: Pedal-to-the-metal trucker toppled other Steven Michelstein & Richard Ashman, New York, NY of Michelstein & $21,980,000 Body Repair Inc. truck, suit alleged Associates, PLLC; Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C.; Robert J. Genis, Bronx, NY of Sonin & Genis, Esqs. 9 Zouaoui v. State of New Jul 27 Court of Claims, State ignored road's recurrent icy conditions, Daniel P. O'Toole, Robyn Brazzil (damages) & Nick Gjelaj (liability), New $20,181,484 York White Plains claimant alleged York, NY of Block, O'Toole & Murphy, LLP 10 Tesoriero v. Fisher Feb 07 Su olk Supreme Failure to Test: Radiologist misdiagnosed cancerous Robert V. Fallarino, Lake Success, NY of Pegalis & Erickson, L.L.C. $15,000,000 tumor, plainti alleged 11 Munoz v. Hilton Hotels Corp. Sep 11 New York Supreme Elevation: Fall from ladder caused brain injury, Joseph P. Carfora & Michael A. Rose, New York, NY of Hach & Rose, LLP $13,020,857 plainti claimed 12 Wallace v. City of New York May 30 Bronx Supreme Tractor driver's U-turn caused crash, plainti William Schwitzer, New York, NY of Dinkes & Schwitzer $11,600,000 claimed 13 Loja v. Lavelle Jan 27 Westchester Landscaper hit by car while unloading trailer, lost Jonathan Rice, Dobbs Ferry, NY of Grant and Longworth, LLP $11,192,399 Supreme leg 14 Behringer v. United Cere- Dec 18 Erie Supreme Group home's resident mocked, mistreated, suit Terrence M. Connors & Joseph D. Morath, Jr., Bu alo, NY of Connors & $11,100,000 bral Palsey Association of alleged Vilardo LLP Niagara County Inc 15 Davids v. Novartis Pharma- Nov 02 U.S. District Court, Design Defect: Drug caused osteonecrosis of jaw, John J. Vecchione , Fairfax, VA of Valad & Vecchione, PLLC; John J. Beins, $10,450,000 ceuticals Corp. EDNY plainti claimed Chevy Chase, MD of Beins, Goldberg & Hennessey, LLP 16 Ordonez v. 346 West 17th Mar 02 New York Supreme Elevation: Worker's 20-foot fall caused injuries of John Dalli, Mineola, NY of Dalli & Marino, L.L.P.; Howard R. Borowick, trial $10,015,000 Street, LLC head, spine counsel, New York, NY of Sacks & Sacks, LLP 17 Grossman v. Mari Jun 06 New York Supreme Car crash led to seizures, OCD, plainti claimed Thomas P. Giu ra, NY, NY of Rheingold, Valet, Rheingold, McCartney & $9,000,000 Giu ra LLP; Adam D. Cahn, NY, NY of Sakkas, Cahn & Weiss, LLP 18 Mandel v. Brookler May 31 New York Supreme Misdiagnosis: Ignored infection traveled to pitu- Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz Schatz $8,600,000 itary gland, patient claimed & Frederick, L.L.P. 19 Calano v. McCabe Jan 25 Richmond Supreme Assault: Alcohol fueled brawl at restaurant, George F. Sacco, Staten Island, NY of Purcell & Ingrao, P.C. $8,250,400 plainti claimed 20 Hagins v. Miller Oct 03 Westchester Negligent Treatment: Dentists broke jaw, damaged Christopher B. Meagher & Merryl F. Weiner, White Plains, NY of Meagher $7,663,260 Supreme nerve, patient alleged & Meagher, P.C. 21 Sieger v. Zak Sep 24 Nassau Supreme Breach of Warranty: Company's value understated Kevin Schlosser, Garden City, NY of Meyer, Suozzi, English & Klein P.C. $7,200,000 in stock deal, pair claimed 22 Oliver v. American Cargo Apr 23 Bronx Supreme Man struck by van, claimed spinal injuries will end Patrick J. Mullaney, Middle Village, NY of Mullaney & Gjelaj, PLLC, trial $7,030,008 Express Inc. career counsel to Law O ce of Michael T. RIdge, Bronx, NY; Mitchell Koval, Hempstead, NY of Zemsky & Salomon, P.C. 23 Estate of Benoit v. Interfaith Jul 20 Kings Supreme Misdiagnosis: Wrong diagnosis led to fatal surgery, John Bonina, Brooklyn, NY of Bonina & Bonina, P.C. $7,000,000 Medical Center suit alleged 24 Reyes v. Marketing Werks Inc. Jun 15 Queens Supreme Plainti claimed knockdown by SUV caused brain Harlan A. Wittenstein, Forest Hills, NY of Wittenstein & Associates, P.C. $6,721,102 damage 25 Cromer v. Hank Starr Aug 01 Ulster Supreme Elevation: Foot is useless since fall from ladder, Richard Wedinger & Laurel Wedinger, Edison, NJ of Barry, McTiernan & $6,153,638 Builder, LLC painter claimed Wedinger 26 Vasquez v. Urbahn Associ- Feb 15 New York Supreme Elevation: Building's collapse ended career, Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $6,092,000 ates Inc. laborer claimed
27 Raimondi v. Behar Oct 12 Nassau Supreme Failure to diagnose and treat hydrocephalu in James Du y, New York, NY of Du y & Du y $6,000,000 married 22 year old mother of two proved fatal
6 VerdictSearch’s Top New York Verdicts of 2012 16 Court Street, Suite 1800 Brooklyn, NY 11241 Toll Free: 1.888.MEDLAW1 | ph: 718.522.1786 www.medlaw1.com | [email protected]
Bonina and Bonina, P.C. has been ghting for the victims of serious personal injury, medical malpractice and wrongful death for over 50 years. Senior Partner John Bonina ghts for his clients with a passion and determination that has cemented the rm’s stellar reputation and resulted in the rm obtaining more than $200 million in combined settlements and verdicts in the last 10 years alone.
Bonina secured a $7 million wrongful death verdict in Estate of Benoit v. Interfaith Medical Center a er proving to the jury that the patient’s surgery had caused internal bleeding which was ignored by his surgeon, causing the wrongful death of a hardworking husband and father. His success can be traced to his extensive pretrial preparation, his use of technology in the courtroom, and his ability to get the jury to empathize with the deceased and his family.
Bonina, who has been obtaining seven gure verdicts for clients for over 20 years, attributes the rm’s consistent track record to its work ethic and use of technology in the courtroom. “I will never allow myself to be at an information or preparation disadvantage in the courtroom,” he notes.
e rm has a ve-lawyer team with more than 80 years of collective experience in medical malpractice law and personal injury litigation. While they handle a range of cases, the rm remains selective about those it accepts in order to provide clients with personalized attention.
John Bonina is AV® Preeminent™ rated by Martindale-Hubbell® and has been selected for inclusion in e Best Lawyers in America® and New York Super Lawyers every year since 2007. 2012 TOP VERDICTS NY TOP 10 CASE SUMMARIES
NUMBER ONE adverse developments that would have inevitably reduced NUMBER TWO the value of the company’s stock.
INTENTIONAL TORT Liberty Media and several subsidiaries sued Vivendi MEDICAL Fraud — Misrepresentation Universal, Chief Executive Officer Jean-Marie Messier, Medical Malpractice — Failure to Detect, Cardiac Care Chief Financial Officer Guillaume Hannezo and the Company’s deception marred swap of stock, plain- Vivendi Universal subsidiary that controlled USA Three doctors overlooked myocardial infarction, tiffs claimed Networks, Universal City, Calif.-based Universal Studios suit alleged Inc. The plaintiffs alleged that Vivendi Universal’s actions AMOUNT $956,556,000 constituted fraud and a breach of warranty. AMOUNT $144,690,039
TYPE Verdict-Plaintiff Plaintiff’s counsel claimed that Vivendi Universal’s TYPE Verdict-Plaintiff CASE Liberty Media Corp. v. Vivendi operating officers repeatedly and intentionally overstated CASE Sohl v. Bassett Healthcare Network Universal S.A. the company’s health. They contended that the officers VENUE Otsego Supreme VENUE U.S. District Court SDNY concealed a lack of liquid assets, and they claimed that JUDGE Michael V. Coccoma JUDGE Shira Scheindlin insufficient liquidity ultimately caused the dramatic DEMAND $1,800,000 (from A.O. Fox Memorial TRIAL LENGTH 4 weeks decrease of the value of the company’s stock. Hospital) TRIAL DELIBERATIONS OFFER $475,000 (by A.O. Fox Memorial 1.5 days Defense counsel claimed that the media had thoroughly Hospital; subsequently withdrawn) JURY VOTE 12-0 reported the decreasing liquidity of Vivendi Universal’s TRIAL LENGTH 8 days DATE June 25, 2012 assets, and they contended that Liberty Media should TRIAL DELIBERATIONS have been aware of that situation. They also claimed that 3 hours PLAINTIFF S LMC USA X Inc., LMC Capital LLC, other factors caused the decrease of the value of Vivendi JURY VOTE 6-0 LMC USA VI Inc., LMC USA VII Inc., Universal’s stock. JURY COMPOSITION LMC USA VIII Inc., Liberty Media 4 male/ 2 female Corp., Liberty Programming Co. LLC, INJURIES/DAMAGES Plaintiffs’ counsel claimed that INJURY TYPE S other – catheterization; cardiac - Liberty HSN LLC, Holdings Inc., Vivendi Universal’s operating officers fraudulently myocardial infarction Liberty Media International Inc. overstated the company’s health, and they contended DATE October 1, 2012 that the fraudulent acts artificially inflated the value PLAINTIFF of the company’s stock. They claimed that the stock’s PLAINTIFF S Debora L. Sohl ATTORNEY S Michael L. Calhoon; Baker Botts, LLP; value plummeted when the company’s true health was Washington, DC revealed, and they contended that Liberty Media’s Vivendi PLAINTIFF Universal holdings decreased by 841 million euros. The ATTORNEY S James D. Linnan; Linnan & Fallon, LLP; PLAINTIFF plaintiffs sought recovery of that amount. Albany, NY EXPERT S Craig Elson; Economics; Chicago, IL PLAINTIFF The defense’s expert economist estimated that poor EXPERT S James Lambrinos Ph.D.; Economics; FACTS & ALLEGATIONS In May 2002, plaintiff Liberty liquidity could not have caused a loss of more than 172 Clifton Park, NY Media Corp., an Englewood, Colo.-based distributor of million euros, though defense counsel also suggested televised entertainment, acquired 37.6 million shares of that poor liquidity did not affect the value of Vivendi DEFENDENT Paris-based Vivendi Universal, which distributes films, Universal’s stock. EXPERT S Peter Sosnow, Emergency Medicine; musical recordings, televised entertainment and other Albany, NY; Roland Phillips, forms of entertainment. Vivendi Universal had acquired RESULT On June 25, 2012, the jury found that the plain- Cardiology; Saratoga Springs, NY a company, USA Networks, that was partially owned tiffs’ damages totaled 765 million euros. The New York by Liberty Media, and the stock’s transfer represented Stock Exchange’s contemporaneous dollars-to-euros con- INSURER S Medical Liability Mutual Insurance Co. Liberty Media’s compensation. version rate was 1.2504-to-1. Thus, 765 million euros equaled $956,556,000. FACTS & ALLEGATIONS During the morning of Jan. 26, The deal had been struck in December 2001. During a 2009, plaintiff Debora Sohl, 47, an office’s manager, period that spanned January 2002 and August 2002, EDITOR’S COMMENT This report is based on information presented to A.O. Fox Memorial Hospital, in Oneonta. Vivendi Universal’s stock’s value plummeted. Liberty that was provided by plaintiffs’ counsel. Defense counsel Media claimed that Vivendi Universal had concealed did not respond to the reporter’s phone calls. -Continued on p10
TOP 30 NEW YORK VERDICTS IN 2012
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
28 Jupiter v. United States of Dec 20 U.S. District Court, Surgical Error: Surgeon's unneeded cut had fatal Steven E. North , New York, NY of Steven E. North, P.C.; Laurence M. $5,900,000 America EDNY result, suit alleged Deutsch, New York, NY of Laurence M. Deutsch Law Firm, P.C. 29 Mata v. City of New York Sep 26 Bronx Supreme Crosswalk's damaged surface a hazard, plainti Je rey A. Guzman, New York, NY of Krentsel & Guzman LLP $5,700,000 claimed 30 Ramirez v. NYC School Dec 12 Bronx Supreme Elevation: Local 79 shop steward fell from ladder at Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $5,390,101 Construction Authority Bronx highschool fracturing his leg
8 VerdictSearch’s Top New York Verdicts of 2012 ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ FOR 60 YEARS ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ NO ONE HAS FOUGHT HARDER FOR THE CIVIL JUSTICE SYSTEM THAN ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ NYSTLA ★ ★ ★ ★ ★ ★ ★ ★ ★ ★ ★
The New York State Trial Lawyers Association has been protecting consumers, ensuring that the wrongly injured have access to justice and providing the public with ethical and well-trained lawyers since 1953. Join our fight, become a member today. www.NYSTLA.org
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At our upcoming Law Day With our campaign to end In our outstanding program dinner on May 8th, honoring distracted driving: NYSTLA of CLEs, created and taught the Hon. Jenny Rivera, is leading the way in by the most preeminent with a special presentation educating the public and most respected trial lawyers by Chief Judge about the dangers of texting in the state – available live, Jonathan Lippman. while driving. and on CD, DVD and online 2012 TOP VERDICTS NY -Continued from p8 symptoms. He claimed that Sohl suffered an insignificant NUMBER THREE She reported that she was suffering an extremely painful myocardial infarction that was properly treated. condition of her chest. She also reported nausea. Sohl MEDICAL was examined by Dr. James Rice. Rice prescribed two INJURIES/DAMAGES Sohl claimed that she sustained a Medical Malpractice — Delayed Treatment, Failure to Monitor, painkillers: hydromorphone and morphine. He also prolonged myocardial infarction. She was transported to Wrong Site/Procedure, Failure to Transfer, Prescription and prescribed medication that was intended to relieve Sohl’s UHS Wilson Medical Center, in Johnson City. She underwent nausea. After several hours had passed, Sohl underwent catheterization of her heart, and doctors opined that she was Medication, Brain Injuries, Neurologist an electrocardiography. Rice determined that further suffering near-total occlusion of her heart’s left anterior observation was necessary. descending artery. A stent was placed in the artery. During Unchecked allergic reaction led to quadriplegia, the catheterization, Sohl suffered dissection of her coronary suit alleged Sohl claimed that her pain worsened. After three hours artery. The dissection disrupted the flow of blood, and it had passed, she underwent another electrocardiography. necessitated the immediate performance of open surgery AMOUNT $121,000,000 Rice opined that the test’s results were reassuring, but Sohl that included the application of two arterial grafts that was admitted to the hospital. Blood was drawn and tested, bypassed the occluded portion of her left anterior descending TYPE Verdict-Plaintiff and Sohl was monitored by Dr. Blaine Jones. coronary artery. Her hospitalization lasted 13 days, and she CASE Martin v. New York City Health and subsequently underwent extensive rehabilitation. Hospitals Corp. During the evening of Jan. 26, Jones received the results of VENUE Bronx Supreme the test of Sohl’s blood. The results revealed an abnormally Sohl claimed that her myocardial infarction caused permanent ACTUAL AWARD great level of troponin, which proliferates when a damage that has halved her heart’s ability. She contended $119,790,000 myocardial infarction occurs. Dr. Maciej Nowakowski that she must undergo extensive treatment that will include JUDGE Robert E. Torres prescribed medication, and he requested an evaluation by the implantation of a defibrillator, the implantation of a DEMAND $30,000,000 (total, from Brookdale a cardiologist. pump and the replacement of her heart. Sohl’s counsel University Hospital and Medical Center, claimed that Sohl’s myocardial infarction should have been New York City Health and Hospitals, During the ensuing morning, Sohl’s family summoned diagnosed during its initial stages. They contended that 26 and Pitem) an independent cardiologist. The cardiologist examined hours passed before proper treatment was rendered, and they OFFER $10,500,000 by (New York City Sohl, reviewed the results of the electrocardiographies claimed that prompt treatment would have prevented the Health and Hospitals); none (all other that Sohl had undergone and concluded that Sohl required extensive residual damage that Sohl sustained. defendants) immediate care. Sohl was transferred to another hospital, TRIAL LENGTH 26 days where doctors opined that she was suffering a myocardial Sohl further claimed that she cannot perform tasks that require TRIAL DELIBERATIONS infarction. Treatment was rendered, but Sohl suffers more than a minimal amount of stamina. She contended that 1 day extensive damage of her heart. she previously enjoyed training horses, but that she cannot JURY VOTE 6-0 resume that activity. She claimed that she cannot work, that JURY COMPOSITION Sohl sued Jones, Nowakowski, Rice, A.O. Fox Memorial she cannot exercise and that she is dependent upon aides. 2 male/ 4 female Hospital and the hospital’s operator, Bassett Healthcare POST TRIAL Defense counsel has moved to set Network. Sohl alleged that Jones, Nowakowski and Sohl sought recovery of future medical expenses, past and aside the verdict. Rice failed to detect her myocardial infarction, that the future lost earnings, and damages for past and future pain INJURY TYPE S brain - brain damage; burns – burns; other failures constituted malpractice, and that the remaining and suffering. - swelling, allergic reaction; epidermis - defendants were vicariously liable for the doctors’ actions. epidermis, Stevens-Johnson syndrome; face/ Defense counsel contended that Sohl suffered an nose – face; pulmonary/respiratory – anoxia; Sohl’s counsel subsequently discovered that the underlying insignificant myocardial infarction, that her limitations paralysis/quadriplegia - quadriplegia incident predated Bassett Healthcare Network’s oversight are a result of the dissection that occurred during her DATE May 25, 2012 of A.O. Fox Memorial Hospital. As such, they discontinued catheterization and that she does not require additional the claim against Bassett Healthcare Network. They also treatment. However, Sohl’s counsel noted that the PLAINTIFF S Jacqueline Martin discontinued the claims against Jones, Nowakowski and catheterization was videotaped, and they claimed that the Rice. The matter proceeded to a trial against the hospital. videotape revealed that extensive necrosis had occurred PLAINTIFF prior to the catheterization. ATTORNEY S Thomas A. Moore; Kramer, Dillof, Sohl’s counsel claimed that Sohl’s myocardial infarction Livingston & Moore; New York, NY was occurring when she arrived at A.O. Fox Memorial RESULT The jury found that the hospital’s staff departed PLAINTIFF Hospital. They contended that the electrocardiographies from an accepted standard of care. It determined that EXPERT S James Lambrinos Ph.D.; Economics; revealed distress and poor functioning of Sohl’s heart, but Sohl’s damages totaled $144,690,039. Clifton Park, NY; Sandra Gonchar that the tests’ results were not properly interpreted. M.S.N.; Life Care Planning; Staten $50,016,765 Personal Injury: Future Medical Cost$118,000 Island, NY; Richard Lechtenberg M.D.; Sohl’s counsel also claimed that the hospital’s staff did Personal Injury: Past Lost Earnings Capability$229,406 Neurology; Brooklyn, NY not promptly process the blood that had been drawn from Personal Injury: FutureLostEarningsCapability$2,000,000 Sohl. They contended that four hours elapsed before the Personal Injury: Past Pain And Suffering$16,000,000 DEFENDENT analysis was completed. They further claimed that the Personal Injury: Future Pain And Suffering$66,437 EXPERT S Adam Bender Neurology; New York, analysis’s results warranted an immediate evaluation by Personal Injury: cost of defibrillator$21,295 Personal NY; Jane Mattson Life Care Planning; a cardiologist, but that Nowakowski did not request an Injury: maintenance of defibrillator$5,435,773 Personal Norwalk, CT; Marc Grossman immediate evaluation. They noted that Nowakowski Injury: cost of pump$13,309,112 Personal Injury: mainte- Dermatology; White Plains, NY; specified that the cardiologist’s evaluation would be nance of pump$6,168,996 Personal Injury: cost of replace- Roger Simpson Burn Medicine; performed after the cardiologist had completed the ment of heart$51,324,255 Personal Injury: post-replace- Garden City, NY; Joseph Giacino ensuing morning’s examinations. ment maintenance of heart Neuropsychology; Edison, NJ; Damanhuri Alkaitis Neuropsychology; Defense counsel contended that a myocardial infarction’s EDITOR’S COMMENT This report is based on information Annapolis, MD symptoms include pain that radiates to an arm, the that was provided by plaintiff’s counsel. Defense counsel face and/or the jaw, but that Sohl did not report such did not respond to the reporter’s phone calls. -Continued on p12
10 VerdictSearch’s Top New York Verdicts of 2012 217 Broadway New York, NY 10007 PH:212.267.4177 FAX:212.233.8525 WWW.KDLM.COM
Preparation, selectivity and dedication to clients, combined with a profound and intimate knowledge of the law, are the hallmarks of KDLM. In medical malpractice cases, labor law and negligence cases, the team of Thomas Moore and Judy Livingston has won more than 100 verdicts over $1 million. It’s little wonder that KDLM was named to The National Law Journal’s Plaintiff’s HOT LIST. What’s more, Tom Moore and Judy Livingston are members of the elite trial attorney’s group, The Inner Circle of Advocates, and both are listed in The Best Lawyers in America, published by Woodward-White.
With more than $1 billion in verdicts to its record, KDLM takes on only those cases it believes in. Topping off its achievements, the firm won the highest judgment ever upheld in the state of New York for injuries to a person: $28.9 million in a medical malpractice case involving a brain-damaged child. The case made the front page of the New York Times, and resulted in changes to an ar- cane law that now affords greater protection to malpractice plaintiffs.
For more than 30 years, KDLM partners have contributed a regular column on Medical Malpractice to the New York Law Journal. Since 1997, that column has been coauthored by Thomas Moore and partner Matt Gaier.
With just five attorney partners and seven attorney associates, and sufficient financial resources to take any case from beginning through trial regardless of the size of the opponent, KDLM has had an extraordinary success rate in representing plaintiffs in medical malpractice and negligence cases.
Who calls on KDLM for help? A large number are parents of children injured at birth. Among them: a dishwasher, a waiter, a homemaker, a judge. But not all victims are children; some are single adults, others have families to support. One is a cop, others a construction worker, a teacher, a writer, a sports announcer. Several are physicians who have been injured by negligence or medical malpractice. Many are wives and husbands who have lost their spouses due to negligence, or the failure to diagnose cancer or an operation done poorly. What they all share is a need to find justice after suffering debilitating injury and loss.
New York Law Journal Top New York Verdicts of 2012 #3 of Top 30 Verdicts and #2 in Medical Malpractice Martin v. New York City Health & Hospitals Corp. $121,000,000.00 Unchecked allergic reaction led to quadriplegia, suit alleged 5/25/2012 Bronx County 2012 TOP VERDICTS NY
-Continued from p10 should have been rendered by the staff of Kings County Pain and Suffering; $10,000,000 lost earnings. Hospital Center. He also contended that the hospital’s FACTS & ALLEGATIONS On Feb. 18, 2004, plaintiff staff did not promptly address the worsening of Martin’s EDITOR’S COMMENT This report is based on information Jacqueline Martin, 37, a claims adjuster, presented to The condition. He claimed that Jacobi Medical Center’s doctors that was provided by plaintiff’s counsel and counsel of Brookdale University Hospital and Medical Center, in could have provided better treatment, but that several days Pitem and Brookdale University Hospital and Medical Brooklyn. Martin was suffering swollenness of her eyes, passed before Martin was transferred to that facility. Center. New York City Health and Hospitals’ counsel her face and her throat. The condition was caused by her did not respond to the reporter’s phone calls, and KSP use of Dilantin, which is a drug that prevents seizures. Plaintiff’s counsel also claimed that Jacobi Medical Neurological Associates’ counsel was not asked to con- The drug had been prescribed by Martin’s neurologist, Center’s staff did not promptly detect the impairment of tribute. Dr. Michael Pitem. The hospital’s staff provided minor Martin’s respiration. He contended that the hospital’s treatment, and Martin was quickly discharged. records did not document adequate monitoring of her NUMBER FOUR condition. He also contended that the hospital’s staff failed Martin’s condition worsened. On Feb. 20, 2004, she to properly address the condition. He claimed that Martin’s presented to Kings County Hospital Center, in Brooklyn. condition necessitated oxygenation via intubation, but that MEDICAL A dermatologist determined that Martin was suffering the hospital’s staff unsuccessfully attempted other means of Medical Malpractice — Failure to Detect, Childbirth, Cerebral Stevens-Johnson syndrome, which is a hypersensitive oxygenation. He contended that her respiration worsened Palsy, Birth Injury, OB-GYN condition that involves separation of the dermis and and led to cardiopulmonary arrest. He also contended that epidermis. The condition is a result of an allergic reaction. 10 minutes passed before intubation was attempted, and Docs didn’t recognize pregnant woman’s Martin was admitted to the hospital. he claimed that the late and improper treatment allowed contractions, suit alleged anoxic damage of Martin’s brain. Martin’s condition worsened during her hospitalization. On AMOUNT $103,075,617.82 Feb. 24, 2004, she was transferred to Jacobi Medical Center, Pitem’s counsel contended that Martin was promptly in the Bronx. She was assigned to a unit that was devoted directed to discontinue her use of Dilantin, that she heeded TYPE Verdict-Plaintiff to the treatment of burns, and her treatment included the the instruction and that the drug’s use ceased on Feb. 18. CASE Debes v. St. Vincent’s Medical Center- intravenous administration of immunoglobulin, which is Staten Island a protein that diminishes allergic reactions. The treatment New York City Health and Hospitals’ counsel contended VENUE Richmond Supreme halted the progression of her Stevens-Johnson syndrome, that the medical community has not espoused an accepted JUDGE John A. Fusco but her health and respiration deteriorated. On Feb. 26, method of treating Stevens-Johnson syndrome. They INJURY TYPE S brain - cerebral palsy 2004, she suffered cardiopulmonary arrest that caused acknowledged that Jacobi Medical Center’s records DATE August 24, 2012 catastrophic damage of her brain. Martin’s mother, Melvina suggested that Martin was not adequately monitored, but Pope, claimed that Martin’s cardiopulmonary arrest was a they claimed that she was continually monitored. They PLAINTIFF S Robert K. Debes , Stephanie Taylor Debes result of a failure to promptly diagnose and treat Martin’s also claimed that the hospital’s staff properly addressed Stevens-Johnson syndrome. the impairment of Martin’s respiration. They contended PLAINTIFF that intubation would not have provided a more effective ATTORNEY S Richard J. Sgarlato; Sgarlato & Sgarlato Pope, acting as Martin’s guardian ad litem, sued Pitem; means of oxygenation. PLLC; Staten Island, NY Pitem’s practice, KSP Neurological Associates, PLLC; PLAINTIFF the Brookdale University Hospital and Medical Center; INJURIES/DAMAGES In February 2004, Martin suffered an EXPERT S Les Seplaki Ph.D; Economic Analysis; and the operator of Jacobi Medical Center and Kings allergic reaction. The condition initially caused swollenness Fort Lee, NJ; Kevin Weiner M.D.; County Hospital Center, the New York City Health of her eyes, her face and her throat, but she subsequently Physical Rehabilitation; Brooklyn, NY; and Hospitals Corp. Pope alleged that Pitem and the developed Stevens-Johnson syndrome, which caused burns Daniel Adler M.D; Pediatric Neurology; Brookdale University Hospital and Medical Center’s staff of more than 80 percent of her body’s skin. She also suffered Ridgewood, NJ; Thomas Naidich failed to properly address Martin’s allergic reaction, that impairment of her respiration. The condition progressed, M.D.; Neuroradiology; New York, Kings County Hospital Center’s staff failed to properly and she sustained cardiopulmonary arrest that caused NY; Michael Plotnick M.D.; OB-GYN; and timely address Martin’s Stevens-Johnson syndrome, anoxic damage of her brain. She suffers quadriplegia. Greeley, CO that Jacobi Medical Center’s staff failed to promptly assess and treat Martin’s condition, that the failures In March 2004, Martin was admitted to a residential DEFENDENT constituted malpractice, that KSP Neurological Associates facility that provided constant aid and supervision. In EXPERT S Mary D’Alton Obstetrics; New York, NY; was vicariously liable for Pitem’s actions, and that New August 2009, she was moved to her mother’s home. Paula Brill Pediatric Radiology; York City Health and Hospitals was vicariously liable New York, NY; Jonathan Davis for the actions of the staffs of Jacobi Medical Center and Martin’s mother sought recovery of Martin’s past and Neonatology; Boston, MA Kings County Hospital Center. future medical expenses, Martin’s past and future lost INSURER S Medical Liability Mutual Insurance Co. earnings, and damages for Martin’s past and future pain Plaintiff’s counsel ultimately discontinued the claim and suffering. FACTS & ALLEGATIONS During the early morning hours against KSP Neurological Associates. The matter of Jan. 22, 1995, plaintiff Stephanie Taylor Debes and proceeded to a trial against the remaining defendants. RESULT The jury found that the defendants were liable for her twin were born. The deliveries were performed at Martin’s injuries, though Martin was assigned 1 percent of St. Vincent’s Hospital, in the West Brighton section of Plaintiff’s counsel claimed that Martin’s Stevens-Johnson the liability. Jacobi Medical Center was assigned 50 per- Richmond County. syndrome was a response to her use of Dilantin. He cent of the liability; Kings County Hospital Center was contended that her initial swollenness should have assigned 40 percent of the liability; the Brookdale University The twins’ birth occurred during their mother’s 25th prompted a discontinuation of the drug. He claimed that Hospital and Medical Center was assigned 5 percent of the week of gestation, and it concluded a difficult final stage Pitem and the Brookdale University Hospital and Medical liability; and Pitem was assigned 4 percent of the liability. of pregnancy. On Jan. 13, 1995, their mother, Catherine Center’s staff failed to discontinue her use of the drug. The jury determined that Martin’s damages totaled $121 Debes, experienced a premature rupture of her amniotic million, but the comparative-negligence reduction produced membrane. She was admitted to the hospital, where her Plaintiff’s counsel noted that Martin’s Stevens-Johnson a net recovery of $119,790,000. Breakdown: $5,000,000 care was monitored by her treating obstetricians, Drs. syndrome was adequately stalled by the administration Past Medical Cost; $26,000,000 Future Medical Cost; of immunoglobulin, and he contended that the treatment $50,000,000 Past Pain and Suffering; $30,000,000 Future -Continued on p14
12 VerdictSearch’s Top New York Verdicts of 2012 HARLAN WITTENSTEIN, ESQ. 100-15 Queens Blvd - Suite 203 Forest Hills, NY 11375 718-520-0022
TOP 3 IN NEW YORK Harlan Wittenstein is proud to be recognized In New York’s Top Verdicts again.
Three years running in New York’s Top Verdicts: Harlan Wittenstein has had 4 verdicts from motor vehicle cases listed in “Top New York Verdicts.” Those verdicts totaled over $10,000,000. The aggregate offers to settle those cases was under $600,000.
Brooklyn native Harlan Wittenstein has never strayed far from his roots. A quintessential New Yorker, Harlan is no stranger to the streets or its people. Harlan connects with juries and judges because he sees those people for who they are. Never lost in the unique nature of a given circumstance, Harlan keenly dissects the case in order to determine how to best present it to a jury. He is skilled at selecting a jury which best suits the case in his trial bag.
Once the jury box is full, Harlan is a gifted story-teller who weaves his vision of the evidence throughout the proceedings in an effort to persuade his audience of the righteousness of his client’s cause. Harlan effectively continues building his rapport with the jury by offering up simple truths while pointing out the absurdities presented in his adversaries’ position. His examination of witnesses fosters his clear and convincing viewpoint and further constructs his credibility with the jury. Harlan’s thoughts on cross examination are pretty clear. “You treat a witness with dignity and a great deal of respect – until they lie to the jurors’ faces. Then, you lead them down the path and expose them for what they are.”
There is no question that he is a tenacious litigator. He is passionate about his clients and fights to ensure that they are treated fairly by the justice system he firmly believes in. Harlan is always humbled by the faith his clients place in him and always wants them to feel like they got a fair shake. Defense attorneys and judges know and are typically warned that he is well-prepared for the variety of pitfalls which arise during a trial. This preparation allows him to dissect the complexities of the case in order to provide the jury with a simple vision of the truth.
Respected Industry Lecturer and Leader: Harlan is recognized as a trial specialist and frequently lectures on such topics as “Advanced Trial Tactics” and “Serious Injury Threshold” and has lectured nationally. He is currently on the Board of Directors of New York State Academy of Trial Lawyers and is a past Chair of the Motor Vehicle and Premises Liability Section of the American Association of Justice. He sits on several committees including the Judicial Screening Committee.
In spite of his trial acumen, Harlan is always trying to find new approaches to add to his arsenal. Harlan is not afraid to push the envelope by offering unique legal theories in court. He is willing to be a trail blazer if that is what his client requires. His clients are fortunate to have him in their corner. Harlan maintains his own practice as well as being trial counsel to other firms. 2012 TOP VERDICTS NY
-Continued from p12 tendon and other conditions. Doctors expect that Stephanie fracture of his neck. Police arrested three men: Michael will reside in an assisted-living setting. Gunderman, Charles Jordan and Kevin Rowland. Jordan Louis Grecco and Michael Grecco. Rest was prescribed. and Rowland pleaded guilty to assault, but Gunderman Stephanie sought recovery of her past and future medical was cleared of criminal responsibility. On Jan. 21, 1995, Debes reported a painful condition of expenses, her lost earnings, and damages for her past and her abdomen. She was transported to the hospital, where future pain and suffering. Her father initially presented a Bliss sued Gunderman, Jordan and Rowland. Bliss alleged a soporific drug was administered. After several hours had derivative claim, but his claim was ultimately withdrawn. that he was assaulted and battered by Jordan and passed, a doctor determined that Debes was experiencing Rowland. He further alleged that Gunderman’s actions labor. The delivery was promptly performed, but doctors RESULT The jury rendered a mixed verdict. It found that exacerbated the incident. determined that Stephanie was suffering cerebral palsy. Saint Vincent’s Catholic Medical Centers of New York Debes claimed that Stephanie’s palsy was a result of a was entirely liable for Stephanie’s injury. Liability was Bliss’ counsel moved for summary judgment of Jordan’s failure to prevent the child’s premature delivery. not assigned to Louis Grecco, Michael Grecco or their liability and Rowland’s liability, and the motion was granted. practice. The jury determined that Stephanie’s damages Stephanie’s father, Robert Debes, acting individually totaled $103,075,617.82. Bliss, Gunderman and Jordan negotiated pretrial and as Stephanie’s parent and natural guardian, sued St. settlements. Gunderman agreed to pay $15,000, and Vincent’s Hospital’s operator, Saint Vincent’s Catholic EDITOR’S COMMENT This report is based on court Jordan agreed to pay $500,000. The matter proceeded to a Medical Centers of New York Inc.; Louis Grecco and documents, information that was provided by plaintiffs’ trial that addressed the damages that Rowland would pay. Michael Grecco; and their practice, OB/GYN Associates counsel and information that was provided by defense of Staten Island, P.C. The plaintiffs alleged that Louis counsel. INJURIES/DAMAGES Bliss was beaten and kicked. He Grecco, Michael Grecco and the hospital’s staff failed to sustained injuries that included a fracture of his C5 properly manage Catherine Debes’ pregnancy, that the NUMBER FIVE vertebra. He was placed in an ambulance, and he was failures constituted malpractice and that Saint Vincent’s transported to Erie County Medical Center, in Buffalo. His Catholic Medical Centers of New York was vicariously fracture was addressed via open reduction and the internal liable for the actions of the hospital’s staff. INTENTIONAL TORTS fixation of pins and screws. He also suffered two complete Intentional Torts - Assault and Battery stoppages of his heart, though he was revived. Plaintiffs’ counsel claimed that Stephanie’s palsy was a product of a failure to recognize the onset of labor. They Nightlife altercation ended with student paralyzed Bliss’ fracture caused quadriplegia. He underwent extensive contended that Catherine Debes’ contractions began inpatient occupational and physical therapy, and he has on Jan. 21, when she reported a painful condition AMOUNT $45,527,435.34 regained some use of his arms. He has also regained some of her abdomen, but that the contractions were not of his legs’ sensory ability. Doctors have opined that he recognized by the hospital’s staff. The plaintiffs’ expert TYPE Decision-Plaintiff suffers incomplete tetraplegia: quadriplegia with some obstetrician opined that a monitor’s readings confirmed CASE Bliss v. Rowland preservation of sensation and muscular functionality. the contractions. Plaintiffs’ counsel claimed that doctors VENUE Monroe Supreme could have administered a drug that would have delayed JUDGE Annmarie Taddeo Bliss claimed that he endures daily pain, that he experiences the delivery, and they noted that the drug had been TRIAL LENGTH 3 days cramping and spasms of his legs, that his condition impairs effectively administered during two prior stages of Debes’ INJURY TYPE S neck - fracture, fracture, C5, fracture, his ability to sleep, that he suffers anxiety and depression, pregnancy. vertebra, fracture, C5; other - pins/ and that he fears that he will die. He contended that he rods/screws; cardiac - cardiac arrest; experienced one episode in which he believed that death Plaintiffs’ counsel further claimed that Stephanie’s injury surgeries/treatment - open reduction, was imminent. Bliss’ doctors agree that Bliss will require was a result of trauma that occurred during the infant’s internal fixation; mental/psychological lifelong assistance and treatment. passage through her mother’s vagina. They contended - anxiety, depression; paralysis/ that the injury could have been prevented by performance quadriplegia - tetraplegia, quadriplegia Bliss has resumed college, albeit via online courses. He of an episiotomy, which is an incision of the perineum- DATE January 3, 2012 has also obtained a driver’s license, but he requires a -the skin that separates the anus and the lower portion modified vehicle. He claimed that he intends to pursue a of the vagina. They also contended that a Caesarean PLAINTIFF S Michael W. Bliss (Male, 21 Years) career, though he contended that he would have obtained delivery would have prevented the injury. They argued a master’s degree and much more lucrative work if he had that Catherine Debes’ obstetricians should have directed PLAINTIFF not been paralyzed. Bliss’ vocational-rehabilitation expert performance of either procedure. ATTORNEY S Michael R. Law; Phillips Lytle LLP; opined that Bliss will likely procure only transitory, part- Rochester, NY time work. Louis Grecco and Michael Grecco contended that they PLAINTIFF properly managed the delivery and the prenatal period. EXPERT S Heinz Schamberger ; Chiropractic; Bliss sought recovery of his past and future medical Rochester, NY; Kelly Lance RN, expenses, his past and future lost earnings, additional past The hospital’s counsel contended that monitors did not BSN, CNLCP; Life Care Planning; and future economic damages, and damages for his past suggest that Debes was experiencing contractions, and he Draper, UT; Kanakadurga Poduri ; and future pain and suffering. claimed that doctors did not observe any indication that Physical Rehabilitation; Rochester, NY Stephanie was distressed. He contended that Stephanie’s RESULT Judge Annmarie Tadeo found that Bliss’ dam- premature birth could not have been prevented. DEFENDENT ages totaled $45,527,435.34. Breakdown: $433,923 Past EXPERT S Matthew McCabe Valuation; Jordan, NY Medical Cost; $18,813,965 Future Medical Cost; $191,324 INJURIES/DAMAGES Stephanie suffers cerebral palsy. She Past Lost Earnings Capability; $6,729,790 Future Lost cannot walk, and she cannot independently perform many FACTS & ALLEGATIONS At about 3:30 a.m. on March Earnings Capability; $3,500,000 Past Pain & Suffering; everyday activities, which include bathing and defecating. 28, 2008, plaintiff Michael Bliss, 22, a student, became $7,000,000 Future Pain And Suffering; $21,923 past eco- Her mental abilities are not impaired, but she claimed that involved in an altercation with three other patrons of nomic damages; $8,836,510 future economic damages. she cannot perform meaningful work. the Steer Restaurant and Saloon, which is located at Actual Award: $46,042,435.34 3151 Main St., in Buffalo. Bliss and the others entered Plaintiffs’ counsel contended that Stephanie must undergo the premises’ parking lot, where Bliss was beaten and extensive treatment that will address scoliosis, a problematic kicked. He sustained injuries that included a paralyzing -Continued on p16
14 VerdictSearch’s Top New York Verdicts of 2012 267 North Street Bu alo, NY 14201 1.800.933.8195 716.885.9700 AREAS OF PRACTICE Specializing in Railroad, Workplace and Motor Vehicle Accidents
When considering a lawyer to represent you for Railroad Accidents or to serve as co-counsel, consider the following verdicts achieved by John F. Collins, Esq.
1. Steve Turner v. CSX – o er in the amount of $450,000; 7. Gondeck v. CSX - verdict in the amount of $1.2 million. verdict in the amount of $2.8 million a rmed on appeal; settlement CSX paid $1,000,000 after trial motions were denied; (o er at trial in the after CSX lost the appeal; amount of $50,000) and resolved with second case ready for trial which CSX then settled; 2. Canazzi v. CSX – verdict in the amount of $1.6 million and appealed by CSX. Settled after CSX evaluated their Appellate chances and decided to settle; 8. Kupka v. CSX – verdict in the amount of $1,288.719.32 less 35% comparative negligence. Summary judgment on judicial estoppel 3. Murphy v. CSX – verdict in the amount of $975,000 and a rmed argument motions were denied; show cause to reargue denied; post-trial on appeal with 9% interest; settled after appeal for verdict plus interest at 9%; motions denied; judgment entered in the amount of $838,960.86 at 9% on November 1, 2012; o er was 0; Judgment led in Erie County, Bond posted, 4. Dougherty v. CSX – verdict in the amount of $789,000 and amount owed approximately $870,000 as of today; a rmed on appeal. Settled for $830,000 after appeal lost and CSX had no place else to go for further appeals; 9. Nasca v. CSX – verdict in the amount of $350,000 and judgment 5. Grandfield v. CSX – verdict in the amount of $250,000 and entered at 9% . CSX paid judgment; (o er before trial was in the amount a rmed on appeal by the 1st Circuit Court of Appeals; settled for verdict of $2,500) and ($23,000 at the time of trial); case could have settled for plus costs and interest; CSX o ered $0.00 and guaranteed a no-cause! $25,000 before trial;
6. Robinson v. CSX – verdict in the amount of $4.7 million and a rmed on appeal. CSX paid $5.2 million verdict and interest, after 10. Romero v. CSX – verdict in the amount of $950,000 settled they lost all the appeals (o er was $850,000) and their bank account was after post-trial motions wer e denied for verdict plus costs; CSX considered about to be attached by the Sheri ; but never made formal o er of $1 million; 2012 TOP VERDICTS NY
-Continued from p14 The plaintiffs alleged that Galtieri murdered Jeanne Kane. of alimony and Social Security benefits; $692,725 addi- tional monetary loss; $17,581 Wrongful Death: Funeral EDITOR’S COMMENT This report is based on articles The New York City Police Pension Fund was deemed a Burial Expense; $10,000,000 Wrongful Death: Survival; that were published by The Buffalo News and the Times statutory plaintiff, and Galtieri’s wife, Marilyn Galtieri, $1,000,000 Wrongful Death: Past Mental Angiush; $50,000 Union, information that was provided by plaintiff’s coun- became an intervening defendant. Wrongful Death: Future Loss Of Parental Guidance sel, and information that was provided by Gunderman’s counsel. Jordan’s counsel did not respond to the reporter’s Plaintiffs’ counsel noted that Mr. Galtieri’s pension EDITOR’S COMMENT This report is based on informa- phone calls, and Rowland, a pro se defendant, was not provides monthly payments of $2,770. They further noted tion that was provided by plaintiffs’ counsel and Marilyn asked to contribute. that Kane’s legally determined share totaled $2,763. They Galtieri’s counsel. The pro se defendant, John Galtieri, also noted that Kane’s entitlement would have continued was not asked to contribute. NUMBER SIX until she died or married, and they contended that her murder was intended to end that entitlement. NUMBER SEVEN
INTENTIONAL TORTS Patricia Kane claimed that Galtieri carefully planned the Intentional Torts - Wrongful Death - Survival Damages murder. She noted that the murder occurred while she was EMPLOYMENT Man killed ex-wife to regain pension bene ts, a passenger of a bus that was traveling to the park-and-ride Employment - Race Discrimination, Hostile Work Environment; suit alleged facility, where her mother would have retrieved her. She Civil Rights - Civil Rights Act of 1964 contended that her father had been observing her daily AMOUNT $31,736,043 routines. Worker claimed bosses allowed years of racist taunts TYPE Verdict-Plaintiff Galtieri contended that he did not murder his ex-wife. CASE Kane v. Galtieri He is appealing his conviction. However, his conviction AMOUNT $25,325,000 VENUE Richmond Supreme established his liability for the civil component of the JUDGE Philip G. Minardo matter. Thus, this trial addressed damages. TYPE Verdict-Plaintiff TRIAL LENGTH 5 days CASE Turley v. ISG Lackawanna Inc. TRIAL DELIBERATIONS INJURIES/DAMAGES Kane sustained five gunshots. A VENUE U.S. District Court, WDNY 3 hours coroner opined that the fatal shot struck Kane’s head. The ACTUAL AWARD JURY VOTE 5-1 (Patricia Kane’s damages); coroner also opined that Kane exhibited wounds that suggested $6,757,323 6-0 (all other questions) that she fought her assailant. Plaintiffs’ counsel contended that JUDGE William M. Skretny JURY COMPOSITION Kane experienced terror and a fear of impending death. Kane TRIAL LENGTH 3 weeks 3 male/ 3 female died before medical attention could be administered. JURY VOTE 8-0 INJURY TYPE S other - death, gunshot wound INJURY TYPE S mental/psychological - anxiety, DATE February 15, 2012 Plaintiffs’ counsel claimed that Kane’s murder was a depression, emotional distress planned, malicious, heinous and vindictive act. They POST TRIAL Defense counsel moved for remittitur. PLAINTIFF S Patricia Kane (Male, 25 Years), noted that Patricia Kane believed that her father had been Judge William Skretny did not disturb Estate of Jeanne Kane (Male, 58 Years), observing her daily routines. the awards for Turley’s emotional New York City Police Pension Fund suffering, but punitive damages were Jeanne Kane, 58, died Jan. 30, 2007. She was survived reduced to $5 million. Skretny also PLAINTIFF by her daughter. The estate sought recovery of wrongful- awarded attorneys’ fees of $437,323. ATTORNEY S Warren F. van den Houten; Warren van death damages that included the cost of Kane’s funeral and The adjustments produced a final den Houten, Esq.; Staten Island, NY; burial, Kane’s share of Galtieri’s pension, and damages for recovery of $6,757,323. Matthew Pavis; Warren van den Houten, Kane’s terror, pain and suffering. The estate also sought $10 DATE June 12, 2012 Esq.; Staten Island, NY; Inga Van million for punitive damages. Eysden; Assistant Corporation Counsel, PLAINTIFF S Elijah Turley Michael A. Cardozo, Corporation Kane’s daughter claimed that she endured the anguish Counsel; New York, NY and horror of seeing the scene of her mother’s murder. She PLAINTIFF PLAINTIFF noted that she and her mother shared a residence, and she ATTORNEY S Donald B. Eppers; Brown & Kelly, LLP; EXPERT S Frank Tinari Ph.D.; Economics; also contended that she was dependent upon her mother’s Buffalo, NY; Ryan J. Mills; Brown & South Orange, NJ; Kristin Roman ; guidance and support. She sought recovery of damages Kelly, LLP; Buffalo, NY Forensic Pathology; New York, NY for her past and future pain, suffering and loss of parental PLAINTIFF guidance. EXPERT S Syed Jaffri M.D.; Psychiatry; Buffalo, NY; FACTS & ALLEGATIONS On Jan. 30, 2007, plaintiff’s Christopher Pino Ph.D.; Psychology/ decedent Jeanne Kane, a 58-year-old unemployed woman, Galtieri contended that he did not kill Jeanne Kane. He Counseling; Buffalo, NY was shot and killed. The incident occurred in the park-and-ride also contended that Kane was killed by the first gunshot, facility that is located alongside the intersection of the Korean and, as such, he claimed that she did not experience pain or FACTS & ALLEGATIONS During a period that spanned War Veterans Parkway and the West Shore Expressway, in suffering. He further claimed that he had not been stalking 2005 and 2009, plaintiff Elijah Turley, a processor operator, the Pleasant Plains section of Richmond County. The murder his daughter. worked in the pickler department of the ArcelorMittal Steel occurred during the wake of a contentious legal dispute in mill that was located in Lackawanna. Turley, a black man, which Kane was assigned 99 percent of her ex-husband’s Galtieri also claimed that Marilyn Galtieri was legally claimed that he was frequently subjected to slurs by white pension. Her ex-husband, John Galtieri, a retired officer of entitled to his pension. The couple divorced after his co-workers. He contended that he was often addressed the New York City Police Department, was alleged to have conviction, but the pension had been transferred to her. as “n----r” or “boy,” and he claimed that the terms were committed the murder. Galtieri was arrested and convicted, Plaintiffs’ counsel claimed that the transfer was fraudulent. commonly used throughout the facility. and he remains incarcerated. RESULT The jury found that the plaintiffs’ damages totaled In December 2005, Turley filed a charge of discrimination. Kane’s daughter, Patricia Kane, acting individually and $31,893,905. Breakdown: $543 Past Medical Cost; Turley claimed that racially charged harassment persisted. He as the administrator of her mother’s estate, sued Galtieri. $20,000,000 Punitive Exemplary Damages; $133,056 loss contended that, soon after filing his complaint, a sign reading
16 VerdictSearch’s Top New York Verdicts of 2012 “dancing gorilla” appeared on the door of his work booth. He Defense counsel argued that punitive damages did not apply PLAINTIFF S Manuel Abreu, Agapito Lopez claimed that slurs such as “King Kong lives” were painted on his because multiple programs existed to combat discrimination; work booth; that a noose holding a stuffed monkey was hung that the rules were sent to all employees; that several employees PLAINTIFF on one of his car’s side-view mirrors; that thick black grease was testified that they were aware of the regulations; and that ATTORNEY S Robert J. Genis; Sonin & Genis, Esqs.; applied to his chair; and that his life was threatened. Turley had avenues for his civil-rights complaints. Bronx, NY; Gerard Lucciola; Rosato & Lucciola, P.C.; New York, NY; Steven Turley repeatedly reported the ongoing harassment to several RESULT The jury found that Turley was subjected to a Michelstein; Michelstein & Associates, supervisors: a department manager, Thomas Jaworski; hostile work environment and that Jaworski, Marchand, PLLC; New York, NY; Richard Ashman; a human-resources manager, Gerald Marchand; and a Sampsell and ArcelorMittal Steel failed to properly address Michelstein & Associates, PLLC; labor-relations manager, Larry Sampsell. The harassment the hostility. It also deemed Sampsell’s actions extreme and New York, NY persisted. outrageous. The jury determined that Turley’s damages totaled $25,325,000. The corporate defendants are PLAINTIFF Turley sued Jaworski; Marchand; Sampsell; ArcelorMittal responsible for a total of $25.25 million, which includes EXPERT S Sana Bloch ; Neurology; Bronx, NY; Steel’s operator, Mittal Steel USA Lackawanna Inc.; and punitive damages of $24 million; Jaworski is responsible Brian Haftel ; Pain Management; several of that company’s affiliates, Mittal Steel USA Inc., for $10,000; Marchand is responsible for $25,000; and Bronx, NY; Thomas Fitzgerald ; ISG Lackawanna Inc. and ISG Lackawanna, LLC. Turley Sampsell is responsible for $40,000, which includes Economics; New York, NY; Randall alleged that he was subjected to discrimination that created punitive damages of $5,000. Breakdown: $24,005,000 Ehrlich ; Orthopedics; Staten Island, NY; a hostile work environment and violated Title VII of the Civil Personal Injury: Punitive Exemplary Damages; $1,060,000 Lopez Nicholas Bellizzi ; Accident Rights Act of 1964 and the New York Human Rights Law. Personal Injury: hostile work environment; $260,000 Reconstruction; Holmdel, NJ Personal Injury: intentional infliction of emotional distress. Plaintiff’s counsel claimed that Jaworski, Marchand and DEFENDENT Sampsell did not properly address Turley’s complaints. EDITOR’S COMMENT This report is based on court docu- EXPERT S Peter Godsick Orthopedics; They contended that Marchand failed to institute effective ments, information that was provided by plaintiff’s coun- New York, NY; William Head workplace policies and training, that Sampsell penalized sel and information that was provided by defense counsel. Neuropsychiatry; Staten Island, NY Turley for attending depositions related to the lawsuit and that all three men threatened to fire Turley after he NUMBER EIGHT INSURER S Scottsdale Insurance Co. complained. Plaintiff’s counsel also contended that, in May 2006, Turley was assigned to report to a co-worker who had FACTS & ALLEGATIONS On Nov. 6, 2007, plaintiff Agapito admitted graffiting the walls of Turley’s work booth. MOTOR VEHICLE Lopez, 41, a truck driver, was driving on Faile Street, near Motor Vehicle - Speeding, Broadside, Intersection, its intersection at Viele Avenue, in the Hunts Point section Defense counsel contended that the graffiti was quickly Multiple Vehicle, Passenger of the Bronx. Plaintiff Manuel Abreu, 37, a truck driver, removed; that the graffiting was promptly and fully was a passenger. While Lopez was proceeding through the investigated; that the person responsible was suspended and Pedal-to-the-metal trucker toppled other truck, intersection, his 26-foot-long truck’s right side was struck by warned of further punishment; that the managers increased suit alleged a tractor-trailer that was being driven by Librado Sanchez, their time observing the floor to combat any hostility; and who was traveling on Viele Avenue. Lopez’s truck flipped that the company conducted mandatory meetings in which AMOUNT $21,980,000 onto its left side. Abreu claimed that he sustained injuries employees were notified of a zero-tolerance policy regarding of an ankle, a knee and a shoulder. Lopez claimed that he racism and vandalism. They also contended that Turley was TYPE Verdict-Plaintiff sustained injuries of a knee and his neck.The deal had been uncooperative during the company’s investigations. They CASE Abreu v. M & M Truck & Body Repair Inc. struck in December 2001. During a period that spanned claimed that he requested that the investigating manager VENUE Bronx Supreme January 2002 and August 2002, Vivendi Universal’s stock’s not speak with the employee who confessed to writing the JUDGE Fernando Tapia value plummeted. Liberty Media claimed that Vivendi graffiti and that he subsequently declined to comply with DEMAND $2,000,000 (total, by both plaintiffs) Universal had concealed adverse developments that would investigations without a lawyer present. OFFER None have inevitably reduced the value of the company’s stock. TRIAL LENGTH 3 weeks Defense counsel acknowledged that a worker called Turley TRIAL DELIBERATIONS Abreu and Lopez sued Sanchez and his vehicle’s owner, M a “gorilla,” but they contended that a witness reported 4 hours & M Truck & Body Repair Inc. Abreu and Lopez alleged that the comment was made in jest and that Turley did not JURY VOTE 6-0 that Sanchez was negligent in the operation of his vehicle. object. They claimed that several other incidents were similar JURY COMPOSITION They further alleged that M & M Truck & Body Repair misunderstandings that were not racially motivated. They 2 male/ 4 female was vicariously liable for Sanchez’s actions. also claimed that job requirements necessitated Turley’s POST TRIAL Defense counsel has moved for a new communication with certain workers who were alleged to trial. Alternatively, he is seeking a Lopez claimed that the collision occurred after his truck have harassed him. reduction of the awards for the plaintiffs’ had cleared about 75 percent of the intersection. He medical expenses. contended that Sanchez was speeding. INJURIES/DAMAGES Turley claimed that he suffered anxiety, INJURY TYPE S knee - medial meniscus tear; depression and severe emotional distress until the plant closed chondromalacia patella; cervical disc Sanchez contended that Lopez ignored a stop sign that in 2009. He sought psychiatric treatment. protrusion; ankle ligament tear; torn governed his entrance to the intersection. rotator cuff; surgeries/treatment - Turley sought recovery of a total of $50 million in the initial arthroscopy, knee surgery, chiropractic, INJURIES/DAMAGES Abreu was placed in an ambulance, complaint for emotional distress, hostile work environment physical therapy and he was transported to Lincoln Medical and Mental and punitive damages. Plaintiff’s counsel contended that the DATE March 1, 2012 Health Center, in the Bronx. He underwent X-rays and defendants’ oversight of the complaint was grossly negligent minor treatment. in that proper mechanisms to address civil-rights complaints were not implemented until December 2006 and that Abreu ultimately claimed that he sustained a tear of employees were unable to provide any signed documentation his left shoulder’s rotator cuff, a tear of his left knee’s showing that they attended or understood the workplace discrimination/harassment training that was provided. -Continued on p18
VerdictSearch’s Top New York Verdicts of 2012 17 2012 TOP VERDICTS NY -Continued from p17 NUMBER NINE of the road. He further alleged that the state’s negligence medial meniscus and tears of ligaments of his left ankle. created a dangerous condition that caused the accident. He underwent arthroscopic surgery that addressed the MOTOR VEHICLE injuries of his left knee and shoulder, and he underwent Transportation - Roadways | Motor Vehicle - Center Line, Ice, In a separate filing in Westchester County Supreme Court, open surgery that addressed the injuries of his left ankle. Zouaoui sued Gutterman, the owner of Gutterman’s Dangerous Condition, Multiple Vehicle | Government - State and He also undergoes physical therapy. vehicle, the town of Somers and Westchester County. That Local Government case resulted in a settlement. Terms were not disclosed. Abreu claimed that he suffers residual pain and limitations that prevent his resumption of work. He sought recovery State ignored road’s recurrent icy conditions, Zouaoui claimed that Gutterman’s vehicle skidded on ice, of his past and future medical expenses, his past and claimant alleged crossed Route 6’s double yellow center line and struck future lost earnings, and damages for his past and future his vehicle’s left side. He contended that Gutterman was pain and suffering. AMOUNT $20,181,484 maintaining an excessive, unsafe speed, but he claimed that the accident’s primary cause was an icy roadway. Lopez was placed in an ambulance, and he was transported TYPE Decision-Plaintiff Zouaoui’s counsel noted that witnesses reported that ice to Lincoln Medical and Mental Health Center, in the CASE Zouaoui v. State of New York covered both sides of the road throughout a distance of Bronx. He underwent X-rays and minor treatment. VENUE Court of Claims, White Plains about 100 yards. JUDGE Stephen J. Mignano Lopez ultimately claimed that he sustained a protrusion INJURY TYPE S arm - fracture, fracture, ulna, crush injury, Zouaoui’s counsel presented photographic evidence that of an intervertebral disc of his spine’s cervical region. arm, fracture, humerus elbow - fracture, demonstrated that vegetation was growing over and under He also claimed that he sustained a tear of his left knee’s elbow, dislocation other - infection, the guardrails that framed the road. They contended meniscus. He contended that his left knee developed resection, bone graft, MRSA infection, that the vegetation prevented proper drainage of the chondromalacia: softening of the cartilage. comminuted fracture, muscle, damage/ roadway and led to recurrent icy conditions. They also loss, avulsion (non-fracture) neurological - presented testimony and evidence that established that Lopez’s left knee’s injuries were addressed via arthroscopic nerve damage/neuropathy, nerve damage, icy conditions had caused several other accidents in the surgery. He also undergoes chiropractic manipulation and ulnar nerve surgeries/treatment - open immediate area during the nine days that preceded the physical therapy, but he claimed that his neck and left reduction, internal fixation instant accident. One witness, an employee of the New knee remain painful. He contended that his pain prevents DATE July 27, 2012 York State Department of Transportation, opined that his resumption of work. Lopez’s treating doctors opined the instant accident occurred during conditions that that Lopez will have to undergo replacement of his left PLAINTIFF S Mary Zouaoui, Slim Zouaoui were “as dangerous [as] you could get on a roadway.” He knee, removal of his problematic disc and fusion of the claimed that his maintenance crew had been aware of associated portion of his spine. PLAINTIFF recurrent icy hazards during the two to three weeks that ATTORNEY S Daniel P. O’Toole; Block, O’Toole & preceded the accident, and he contended that the crew had Lopez sought recovery of his past and future medical Murphy, LLP; New York, NY; Nick deemed the area a “hot spot” that required “babysitting” expenses, his past and future lost earnings, and damages Gjelaj (liability); Block, O’Toole & maintenance that included constant checks and corrective for his past and future pain and suffering. Murphy, LLP; New York, NY; Robyn measures. However, he acknowledged that those measures Brazzil (damages); Block, O’Toole & were abandoned during weekends, and claimant’s counsel RESULT The jury found that the defendants were liable for Murphy, LLP; New York, NY noted that the accident occurred on a Sunday. the accident. It determined that the plaintiffs’ damages totaled $21.98 million. PLAINTIFF Defense counsel contended that Route 6 was properly EXPERT S Alan Leiken Ph.D.; Economics; maintained during weekends and weekdays. The defense’s $2,000,000 Personal Injury: Past Medical Cost; $4,000,000 East Setauket, NY; John McManus P.E.; expert engineer opined that the accident was a result of Personal Injury: Future Medical Cost; $200,000 Personal Accident Reconstruction; Purchase, NY; each driver’s failure to maintain a safe speed. He also Injury: Past Lost Earnings Capability; $400,000 Personal Edwin Richter M.D.; Pain Management; opined that any icy conditions were a natural occurrence Injury: Future Lost Earnings Capability; $160,000 New York, NY; James Shultz P.E.; that would have resulted from airborne moisture. Personal Injury: Past Pain And Suffering; $320,000 Accident Reconstruction; Lancaster, Personal Injury: Future Pain And Suffering $4,000,000 PA; Robert Koch ; Plastic Surgery/ INJURIES/DAMAGES Zouaoui sustained crushing injuries Personal Injury: Past Medical Cost; $9,000,000 Personal Reconstructive Surgery; Goshen, NY; of his left, dominant arm. The injuries included a Injury: Future Medical Cost; $400,000 Personal Injury: Charles Kincaid Ph.D.; Vocational comminuted fracture of the arm’s humerus, near the Past Lost Earnings Capability; $600,000 Personal Injury: Rehabilitation; Hackensack, NJ; elbow; destruction of the humerus’s trochlea and medial Future Lost Earnings Capability; $300,000 Personal Richard Magill M.D.; Orthopedics; epicondyle, which are upper components of the elbow; Injury: Past Pain And Suffering; $600,000 Personal Injury: Dobbs Ferry, NY a fracture of the forearm’s ulna; a dislocation of the Future Pain And Suffering proximal radioulnar joint, which is a lower component DEFENDENT of the elbow; transection of the arm’s ulnar nerve; and an EDITOR’S COMMENT This report is based on information EXPERT S Michael Elia Orthopedic Surgery; avulsion of the forearm’s flexor pronator muscle. that was provided by plaintiffs’ and defense counsel. Bronxville, NY; William Fitzpatrick Engineering; Hyde Park, NY Zouaoui was placed in an ambulance, and he was transported to Westchester Medical Center, in Valhalla. FACTS & ALLEGATIONS At about 11 p.m. on March 11, His fractures were addressed via open reduction and 2007, claimant Slim Zouaoui, 32, an executive, was driving internal fixation, and his hospitalization spanned about on the eastbound side of Route 6, near its intersection at 17 days. Mahopac Avenue, in Somers. Icy conditions were prevalent. Zouaoui’s car collided with a westbound vehicle that was During the ensuing two years, Zouaoui underwent about being driven by Marc Gutterman. Zouaoui claimed that he 20 surgeries. The procedures were intended to repair sustained injuries of an arm and an elbow. the arm’s structure and functionality, and they included the resection of about 2 inches of the humerus, the Zouaoui sued Route 6’s maintainer, the state of New York. implantation of antibiotic cement and cadaverous bone, He alleged that the state was negligent in its maintenance and the application of a graft of muscle. During the ensuing 18 VerdictSearch’s Top New York Verdicts of 2012 three years, he underwent eight additional procedures that NUMBER TEN contended that a biopsy and a sonography should have been were intended to improve the arm’s functionality. He performed. He claimed that a prompt diagnosis would have endured about 20 hospitalizations, and he developed four MEDICAL MALPRACTICE increased Tesoriero’s likelihood of surviving her disease. methicillin-resistant Staphylococcus aureus infections. Medical Malpractice - Failure to Test, Failure to Diagnose, Cancer The infections were addressed via antibiotics that were Defense counsel contended that Tesoriero’s cancerous Diagnosis, Breast Cancer, Radiology, Radiologist administered through his heart. Zouaoui claimed that his tumor did not occupy the area that Fisher had examined. prolonged need for antibiotic and narcotic medications led Radiologist misdiagnosed cancerous tumor, Thus, he claimed that her cancer developed after the to his development of hemorrhoids, which necessitated a plaintiff alleged examination that Fisher performed. Fisher contended that hemorrhoidectomy, and a Clostridium difficile infection. he was not able to fully palpate the mass, and, as such, he AMOUNT $15,000,000 claimed that he reasonably assumed that the mass was a Zouaoui contended that his left arm is chronically painful cyst. He also claimed that the mammography’s normal and nearly functionless. He claimed that he previously TYPE Verdict-Plaintiff results obviated the need for a biopsy or a sonography. enjoyed playing guitar and participating in billiards CASE Tesoriero v. Fisher competitions, but that his left arm’s condition prevents VENUE Suffolk Supreme INJURIES/DAMAGES On Feb. 24, 2004, Tesoriero learned his resumption of those activities. He also claimed that JUDGE Hector D. LaSalle that she was suffering cancer of a breast. She underwent a his injuries stalled and stagnated a promising career. He TRIAL LENGTH 12 days mastectomy, six months of chemotherapy, the application contended that he requires lifelong medical treatment that TRIAL DELIBERATIONS of radiation and the administration of hormonal will likely include fusion of his left elbow. 1 day medication. The treatment initially caused remission of JURY VOTE 6-0 her cancer. However, in 2005, doctors determined that the Zouaoui sought recovery of his past and future medical JURY COMPOSITION disease had spread to her spine’s lumbar region. expenses, his future lost earnings, damages for his past 6 female and future loss of household services, and damages for INJURY TYPE S other - mastectomy, radiation therapy Tesoriero underwent additional chemotherapy, and she his past and future pain and suffering. His wife, Mary cancer - cancer, chemotherapy, breast also underwent the application of radiation. In 2011, Zouaoui, sought recovery of damages for her past and DATE February 7, 2012 doctors determined that the disease had spread to one of future loss of services. her hips, her pelvis and her spine’s thoracic region. She PLAINTIFF S Stephanie Tesoriero undergoes chemotherapy, and the treatment is expected RESULT On April 13, 2011, Judge Stephen Mignano found to continue throughout the remainder of her life. Her that the state was entirely liable for the accident. On June PLAINTIFF condition is considered terminal. 6, 2012, Mignano determined that the claimants’ dam- ATTORNEY S Robert V. Fallarino; Pegalis & Erickson, ages totaled $20,181,484. Breakdown: $250,000 Personal L.L.C.; Lake Success, NY Plaintiff’s counsel claimed that Tesoriero’s cancer was not Injury: Past Loss Of Services; $500,000 Personal Injury: promptly diagnosed. He contended that prompt treatment Future Loss Of Services; $1,507,929 Personal Injury: Past PLAINTIFF would have allowed minimally invasive treatment, and Medical Cost; $1,558,778 Personal Injury: Future Medical EXPERT S Barry Mann ; Oncology; Wynnewood, PA; he claimed that a prompt diagnosis would have increased Cost; $4,983,030 Personal Injury: Future Lost Earnings Steven Reichard ; Radiology; Tesoriero’s likelihood of survival. Capability; $4,000,000 Personal Injury: Past Pain And Middletown, NY Suffering; $7,000,000 Personal Injury: Future Pain And Tesoriero sought recovery of damages for her past and Suffering; $22,786 Personal Injury: past loss of household DEFENDENT future pain and suffering. services; $358,961 Personal Injury: future loss of house- EXPERT S Mark Fialk Oncology; White Plains, NY; hold service Lillian Stern Radiology; Philadelphia, PA The defense’s expert oncologist opined that Tesoriero’s INSURER S Academic Health Professionals Insurance cancerous tumor formed during the three months that EDITOR’S COMMENT This report is based on court docu- Association preceded its diagnosis. ments and information that was provided by claimants’ counsel. Defense counsel did not respond to the reporter’s FACTS & ALLEGATIONS On Oct. 1, 2002, plaintiff The parties stipulated that Tesoriero’s damages could not phone calls. Stephanie Tesoriero, 42, a homemaker, presented to a exceed $1.5 million. radiologist, Dr. Paul Fisher. Tesoriero reported that she had detected a mass that occupied one of her breasts. RESULT The jury found that Fisher departed from an Fisher performed a mammography, and he determined that accepted standard of medical care. It determined that the mass’s density did not exceed normal parameters. He Tesoriero’s damages totaled $15 million, but Tesoriero’s opined that the growth was a benign cyst, and he suggested recovery was reduced to the stipulated limit: $1.5 million. that a follow-up examination would be performed after a Breakdown : $5,000,000 Personal Injury: Past Pain And year had passed. Suffering; $10,000,000 Personal Injury: Future Pain And Suffering On Feb. 24, 2004, Tesoriero learned that she was suffering cancer of the same breast. A doctor discovered a tumor EDITOR’S COMMENT This report is based on information whose size approximated that of a golf ball. Tesoriero that was provided by plaintiff’s and defense counsel. underwent aggressive treatment, but her cancer has spread to other areas of her body. Her condition is considered terminal. Tesoriero claimed that her cancer could have been diagnosed in October 2002, and she contended that prompt treatment could have eradicated her disease.
Tesoriero sued Fisher. She alleged that Fisher failed to diagnose her cancer. She further alleged that Fisher’s failure constituted malpractice.
Plaintiff’s counsel claimed that Fisher did not thoroughly investigate the nature of the mass that he observed. He VerdictSearch’s Top New York Verdicts of 2012 19
TOP 2012 NEW YORK VERDICTS BY CATEGORY Civil RightsRights, & Employment Employ- & Injuriesment Civil Rights Employment Animal Hotel/Restaurant Civil Rights Employment 2012 TOP VERDICTS NY
Animal
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Khemai-Ramsar v. Pit-Stop Garage Inc. Mar 22 Queens Supreme Animal Control: Dog bites left embarrass- Kenneth V. Madden, Brooklyn, NY of trial counsel, Thomas D. Wilson, PC $35,000 ing scars, plainti claimed
Civil Rights
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Turley v. ISG Lackawanna Inc. Jun 12 U.S. District Worker claimed bosses allowed years of Donald B. Eppers & Ryan J. Mills, Bu alo, NY of Brown & Kelly, LLP $25,325,000 Court, WDNY racist taunts
Murdaugh v. The City of New York Jan 04 U.S. District Corrections o cer sues city and former Fred B. Lichtmacher of Fred B. Lichtmacher, Esq.; Matthew Flamm, Brook- $100,000 Court, SDNY acuser for creating hostile work environ- lyn, NY of Matthew Flamm Law O ce ment
Employment
CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Salemi v. Gloria's Tribeca Inc. Mar 19 New York Chef claimed boss's prayer sessions Derek Smith & Bryan Arce, New York, NY of Derek T. Smith Law Group, PC $1,600,000 Supreme condemned gays
Ba o v. New York Institute of Technology Jun 12 U.S. District Catering hall's manager claimed HIV Douglas H. Wigdor, New York, NY of Thompson Wigdor LLP $1,350,000 Court, EDNY disclosure led to ring
Campbell v. Cellco Partnerships May 22 U.S. District Complaints led to worker's ring, suit Tracey L. Brown & Derek S. Sells, New York, NY of The Cochran Firm $1,054,000 Court, SDNY alleged
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New York Law Journal Top NY Verdicts of 2012
#26 of the TOP 30 Verdicts and #4 Workplace Negligence category
Vasquez v. Urbahn Associates Inc. $6,092,000.00
Building collapse ended career, laborer claimed 2/15/2012 New York Supreme
Other Notable Verdicts:
Ramirez v. the NYC School Construction Authority $5,390,101 Severe v. Consolidated Truck Leasing Corp., et al. $11,780,000.00 Local 79 shop steward fell from ladder at Bronx high school Motor Vehicle: A male driving an automobile was struck in the rear by fracturing his leg. another vehicle causing him to sustain a spinal injury. 12/13/12 Bronx Supreme 1/9/03 Kings Supreme
Hernandez v. 151 Sullivan Tenant Corp. et al $12,800,000.00 Flores v. Parkchester Preservation Company, L.P. et al. $5,720,193.00 Labor Law: A construction worker fell from a roof onto A home health aide tripped and fell over a sidewalk defect resulting in a a sidewalk bridge. fractured elbow among other injuries. 12/12/03 Bronx Supreme 10/15/04 Bronx Supreme
TOP 2012 NEW YORK VERDICTS BY CATEGORY Construction Accidents & Other Workplace Safety Construction Accident Workplace Safety 2012 TOP VERDICTS NY
Construction Accident
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Munoz v. Hilton Hotels Corp. Sep 11 New York Elevation: Fall from ladder caused brain Joseph P. Carfora & Michael A. Rose, New York, NY of Hach & Rose, LLP $13,020,857 Supreme injury, plainti claimed
Ordonez v. 346 West 17th Street, LLC Mar 02 New York Elevation: Worker's 20-foot fall caused John Dalli, Mineola, NY of Dalli & Marino, L.L.P.; Howard R. Borowick, trial $10,015,000 Supreme injuries of head, spine counsel, New York, NY of Sacks & Sacks, LLP
Cromer v. Hank Starr Builder, LLC Aug 01 Ulster Supreme Elevation: Foot is useless since fall from Richard Wedinger & Laurel Wedinger, Edison, NJ of Barry, McTiernan & $6,153,638 ladder, painter claimed Wedinger
Vasquez v. Urbahn Associates Inc. Feb 15 New York Elevation: Building's collapse ended Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $6,092,000 Supreme career, laborer claimed
Ramirez v. NYC School Construction Authority Dec 12 Bronx Supreme Elevation: Local 79 shop steward fell from Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $5,390,101 ladder at Bronx highschool fracturing his leg Ortiz v. 164 Atlantic Avenue LLC May 04 Kings Supreme Elevation: Fall from sca old ended career, S. Joseph Donahue & Je rey A. Block, New York, NY of Block, O'Toole & $5,000,000 carpenter claimed Murphy LLP
Figueroa v. HLM Electric Ltd. May 30 Queens Supreme Retaining wall not shored prior to excava- Souren A. Israelyan, New York, NY of Law O ces of Souren A. Israelyan $3,111,020 tion, worker claimed
Mondone v. Lane May 01 Nassau Supreme Elevation: Stairway's collapse caused Mark R. Bernstein, Mineola, NY of The Sanders Firm $2,650,000 fracture of worker's ankle
Rafeek v. 415 Greenwich Fee Owner, LLC May 09 New York Elevation: Worker claimed ladder accident David H. Perecman & Michael Caliguiri, New York, NY of The Perecman Firm $2,535,000 Supreme caused career-ending injuries
Raggie v. CVP 1, LLC. Jun 22 Kings Supreme Elevation: Bricklayer claimed sca old Ronald W. Gill, Brooklyn, NY of Fortunato & Fortunato, PLLC $2,000,000 accident ended career
Rossi v. Shults Estate, LLC Dec 19 Erie Supreme Plainti 's fall during equipment installa- Edward L. Smith & Marc C. Panepinto, Bu alo, NY of Cantor, Lukasik, Dolce $1,208,000 tion led to injuries & Panepinto, P.C.
Marquez v. 85th Street Builders, LLC Feb 03 New York Elevation: Work site's unguarded hole a Daniel J. Hansen, New York, NY of Daniel Hansen, Esq.; Harvey Weitz, New $1,055,000 Supreme hazard, plainti claimed York, NY of Weitz & Associates;
Pinto v. 1432 Doris Street LLC Jul 06 Bronx Supreme Construction laborer claimed he slipped Gregory S. Gastman, New York, NY of Gorayeb & Associates, P.C. $700,000 and fell on mud
Ganessingh v. 250 Flatbush Ave. Corp Augl 31 Bronx Supreme Plainti fell from a makeshift sca old Matthew Salimbene, New York, NY of Burns & Harris $225,000 comprised of 2 A-frame ladders and a single plank of wood while performing construction, demolition work. Grinberg v. C & L Contracting Corp. Jun 11 New York Work site's hazards obscured by snow, Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC $129,527 Supreme inspector claimed
Workplace Safety
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Kupka v. CSX Transportation, Inc Oct 26 Erie Supreme Heavy lifting led to multiple injuries, rail John F. Collins & Brian G. Reddy, Bu alo, NY of Collins & Collins, P.C. $1,288,465 worker claimed
Rosario v. Montalvo & Son Auto Repair Center, Feb 29 Kings Supreme Auto-shop accident claimed tip of plain- Adam D. White, New York, NY of the Law O ces of Adam D. White $183,000 Ltd ti 's nger
Rodriguez v. Akam Associates Inc. Jul 24 Bronx Supreme Furniture mover's nger crushed by clos- David J. DeTo ol, New York, NY of David J. DeTo ol $100,000 ing door
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A SAMPLING OF M EDIATED S ETTL EMENTS
DATE AMOUNT DATE AMOUNT DATE AMOUNT 1/13/2012 1,950,000 4/30/2012 3,300,000 9/10/2012 4,000,000 1/19/2012 5,700,000 5/7/2012 1,800,000 9/12/2012 2,500,000 1/25/2012 1,800,000 5/10/2012 2,700,000 9/21/2012 1,500,000 Robert Adams, Esq. 2/7/2012 2,900,000 5/16/2012 4,250,000 10/1/2012 1,725,000 2/21/2012 5,700,000 5/17/2012 4,250,000 10/1/2012 2,800,000 Former Senior V.P. Risk Management, 2/21/2012 4,150,000 5/21/2012 1,500,000 10/9/2012 1,700,000 Tishman Construction Corp. 2/27/2012 1,800,000 5/31/2012 2,500,000 10/10/2012 2,850,000 Specialties Include: Labor Law, 3/14/2012 1,800,000 6/15/2012 2,700,000 10/11/2012 1,750,000 Construction, Insurance Coverage, 3/15/2012 1,750,000 7/16/2012 2,350,000 10/23/2012 2,850,000 Sports Law, Entertainment, International 3/20/2012 3,300,000 7/19/2012 2,800,000 11/27/2012 2,800,000 3/27/2012 2,500,000 7/24/2012 2,350,000 1/3/2013 2,400,000 4/3/2012 1,500,000 8/2/2012 2,000,000 1/9/2013 1,900,000 4/4/2012 4,150,000 8/2/2012 2,500,000 2/7/2013 3,000,000 4/9/2012 2,950,000 8/6/2012 1,700,000 2/15/2013 2,110,000 4/12/2012 1,500,000 8/9/2012 2,000,000 3/21/2013 4,300,000 4/16/2012 3,300,000 8/22/2012 3,750,000 3/28/2013 1,550,000
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TOP 2012 NEW YORK VERDICTS BY CATEGORY Contracts Contracts 2012 TOP VERDICTS NY
Insurance
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Sieger v. Zak Sep 24 Nassau Supreme Breach of Warranty: Company's value Kevin Schlosser, Garden City, NY of Meyer, Suozzi, English & Klein P.C. $7,200,000 understated in stock deal, pair claimed
Sarkis v. Staten Island University Hospital Jan 18 Richmond Civil Lease: Landlord, tenant sparred over Steven T. Sledzik & Michael K. Stanton, Jr., Scarsdale, NY of Jones, LLP $818,361 alterations of medical o ce
Frett v. Segal, Goodman & Goodman, LLP Jul 25 Kings Supreme LLC's principal misused funds, didn't pay A. Camila Popin, Forest Hills, NY of Law O ce of A. Camila Popin $230,000 mortgage, suit alleged
Kantor v. 75 Worth Street, LLC May 17 New York Landlord reneged on deal to guarantee Eric W. Berry, New York, NY of Eric W. Berry Law O ce PC $225,127 Supreme loan, tenant claimed
Robinson v. Plaro Estates Inc. Mar 21 Rockland Corporations: Company's partners quar- Peter N. Freiberg, White Plains, NY of Meiselman, Denlea & Carton LLP $169,000 Supreme reled regarding value of shares
Eisenberger v. Blisko Mar 05 New York Attorney Fees: Attorney sues client in fee Sheldon Eisenberger, New York, NY of Law O ces of Sheldon Eisenberger $83,776 Supreme dispute
Durant v. Tomasichio Jul 16 New York Client reneged on fee agreement, attorney Morton Alpert, New York, NY of Alpert & Kaufman, L.L.P. $28,325 Supreme claimed
Hall v. Action Construction Corp. Apr 04 Kings Supreme Construction Defects: Contractor's work Richard Becker, New York, NY of Richard Becker, Esq. $20,000 didn't meet code, homeowner claimed
Krauss v. Gmerek Jul 24 Erie Supreme Home's sellers concealed defects, buyer Christopher D. Galasso, Williamsville, NY $14,000 claimed
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30 VerdictSearch’s Top New York Verdicts of 2012 TOP 2012 NEW YORK VERDICTS BY CATEGORY Intentional Torts Intentional Torts 2012 TOP VERDICTS NY
Intentional Torts
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Liberty Media Corp. v. Vivendi Universal S.A. Jun 25 U.S. District Fraud: Company's deception marred swap Michael L. Calhoon , R. Stan Mortenson & Alexandra Walsh, Washington, $956,556,000 Court, SDNY of stock, plainti s claimed DC of Baker Botts, LLP
Bliss v. Rowland Jan 03 Monroe Supreme Assault and Battery: Nightlife altercation Michael R. Law, Rochester, NY of Phillips Lytle LLP $45,527,435 ended with student paralyzed
Kane v. Galtieri Feb 15 Richmond Intentional Torts : Man killed ex-wife to Warren F. van den Houten & Matthew Pavis, Staten Island, NY of Warren $31,736,043 Supreme regain pension bene ts, suit alleged van den Houten, Esq.; Inga Van Eysden, New York, NY of Assistant Corpora- tion Counsel, Michael A. Cardozo, Corporation Counsel
Calano v. McCabe Jan 25 Richmond Assault: Alcohol fueled brawl at restau- George F. Sacco, Staten Island, NY of Purcell & Ingrao, P.C. $8,250,400 Supreme rant, plainti claimed
Cardoza v. City of New York Apr 06 Bronx Supreme False Arrest: Arrestee claimed police of- Seth A. Harris & Christopher J. Donadio, New York, NY of Burns & Harris $4,000,000 cers were needlessly rough
Taveras v. American Transit Ins Co Feb 07 Kings Supreme Insurance: Bad Faith: Insurer left client Je rey A. Block & Robyn Brazzil, New York, NY of Block, O'Toole & Murphy, $3,730,617 liable for millions, suit alleged LLP
Bonano v. City of New York Jun 06 Bronx Supreme Government Misconduct: Motorcyclist claimed Candice A. Pluchino, Bronx, NY of trial counsel, The Law O ces of Francis $1,673,125 he crashed after policeman leaped at him M. DeCaro
Stathis v. Bloom Mar 16 Orange Supreme Conversion: Plainti claimed partner Richard Mahon, Newburgh, NY of Tarshis, Catania, Liberth, $1,387,500 reneged on land-development deal Mahon & Milligram, PLLC
Allam v. Meyers Apr 19 U.S. District Assault and Battery: Woman claimed Daniel Shimko, Brooklyn, NY of The Berkman Law O ce, LLC $500,000 Court, SDNY controlling mate hit and humiliated her
O ei v. Omar May 18 U.S. District Sexual Assault: Hotel's maid claimed guest John P. Grill, White Plains, NY of O'Connor Redd L.L.P. $350,000 Court, SDNY assaulted her
Watford v. Deonarinesingh Jul 19 Kings Supreme False Arrest: Aunt, nephew claimed no Seth A. Harris & Christopher J. Donadio, New York, NY of Burns & Harris $330,000 basis for arrests, years of prosecution
Jerome v. Unitransfer New York Inc. Feb 06 Kings Supreme Government Misconduct: Angry customer Konstantin Burshteyn, White Plains, NY of Law O ces of Jacob Rabinowitz $300,000 fabricated kidnapping claim, teller contended
Abdelzaher v. Sallustio Jun 26 Kings Supreme Assault and Battery: Cabbie claimed Joseph Deliso, Brooklyn, NY of Joseph Deliso & Associates $200,000 dispute over fare led to attack
Maharaj v. LaRoche May 30 Kings Supreme Defamation: Plainti claimed smear Adrian A. Ellis, Brooklyn, NY of Law rm of Adrian A. Ellis $172,392 campaign led to loss of her job
McClean v. Campbell Mar 13 Queens Supreme Conversion: Attorney kept pro ts from Jonathan A. Fink & Phillip Katz, New York, NY of Fink & Katz, PLLC $15,000 home's sale, seller claimed
32 VerdictSearch’s Top New York Verdicts of 2012
TOP 2012 NEW YORK VERDICTS BY CATEGORY Medical Medical Malpractice Medical Malpractice: Failure to Detect, Treat, or Diagnose Medical Malpractice: Surgery Nursing & Group Homes 2012 TOP VERDICTS NY
Medical Malpractice
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Mandel v. Brookler May 31 New York Misdiagnosis: Ignored infection traveled Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz Schatz $8,600,000 Supreme to pituitary gland, patient claimed & Frederick, L.L.P. Hagins v. Miller Oct 03 Westchester Negligent Treatment: Dentists broke jaw, Christopher B. Meagher & Merryl F. Weiner, White Plains, NY of $7,663,260 Supreme damaged nerve, patient alleged Meagher & , P.C. Estate of Benoit v. Interfaith Medical Center Jul 20 Kings Supreme Misdiagnosis: Wrong diagnosis led to fatal John Bonina, Brooklyn, NY of Bonina & Bonina, P.C. $7,000,000 surgery, suit alleged Ramlochan v. Sweet P Home Care Inc. Nov 30 Queens Supreme Negligent Treatment: Nurse botched re- Robert F. Danzi & Christine Coscia, Westbury, NY of Law O ce of Robert F. $4,500,000 suscitation of choking child, estate alleged Danzi Perri v. Herzog Jun 08 Kings Supreme Childbirth: Doc's traction damaged infant's Michael B. Ronemus, New York, NY of Ronemus & Vilensky $3,500,000 shoulder, mother claimed Suarez v. Greenberg May 01 Bronx Supreme Medical Malpractice: Plainti alleged John S. Kanzler, Jericho, NY of Finz & Finz P.C. $2,000,000 permanent left femoral neuropathy after catheterization Spiridon v. Rivadeneira May 25 Su olk Supreme Medical Malpractice: Plainti alleged Pasquale V. Vairo, New York, NY of Godosky & Gentile P.C. $1,000,000 permanent damage to abdominal wall Martinez v. Bronx-Lebanon Hospital Center Apr 27 Bronx Supreme Post-Operative Care: Convalescent patient's Robert R. Arena, Astoria, NY of Astoria, NY, of counsel, Pontisakos & Rossi, $330,000 ulcers were preventable, suit alleged P.C., Garden City, NY Pepper v. NYU Hospitals Center Oct 02 New York Misdiagnosis: Hospital's mix-up led to false Denise M. Dunleavy, New York, NY of Kramer & Dunleavy, LLP $46,666 Supreme diagnosis of cancer
Medical Malpractice: Failure to Detect, Treat, or Diagnose
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
Sohl v. Bassett Healthcare Network Oct 01 Otsego Supreme Failure to Detect: Three doctors overlooked Charlene S. Fallon, James D. Linnan, Albany, NY of Linnan & Fallon, LLP $144,690,039 myocardial infarction, suit alleged Martin v. New York City Health and Hospitals May 25 Bronx Supreme Delayed Treatment: Unchecked allergic Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore $121,000,000 Corp. reaction led to quadriplegia, suit alleged
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36 VerdictSearch’s Top New York Verdicts of 2012 Stuart L. Finz Senior Trial Attorney and CEO [email protected] www.FinzFirm.com Stuart L. Finz earned his reputation as a top trial attorney by having scored record multi-million dollar verdicts and settle- ments. He has received coveted membership in the prestigious Super Lawyer, and the Multi-Million Dollar Advocates Forum. Under his leadership, the firm continues to stand-out in the field of medical legal litigation. Mr. Finz has successfully rep- resented clients in New York State and Nationally in cases in- volving Medical Malpractice, Products Liability, Unsafe Drugs, Defective Medical Devices, and General Negligence. Most recently, Mr. Finz added to his winning record, that included the largest truck accident settlement in New York State and a record settlement against a drug manufacturer, by obtaining multi-million results in Construction, Automobile and Medical Malpractice cases. Mr. Finz is renowned for his extreme prepa- ration and extraordinary courtroom skills. He employs the lat- est presentation technology at trials and mediations and has a proven record of results. Total dedication to his clients and forwarding attorneys, all join together in setting forth a proven winning formula. Judge Leonard L. Finz Founder of the firm journals and official reports. His name has appeared prominently The Finz Firm is AV rated by Martindale-Hubbell, has won well Honorable Leonard L. Finz is a former NYS Supreme Court Justice, in news articles published in the NY Times; Wall Street Journal; over a half Billion Dollars in verdicts and settlements, and serves Medical Malpractice: Failure to Detect, Treat, or Diagnose rated by his peers as one of “America’s Preeminent Trial Lawyers”, Washington Post; Scripps; Newsweek; British Medical Journal; and clients and forwarding attorneys throughout New York State and and a master trial advocate in the courtroom (having scored record NY Law Journal. He has been featured in countless seminars on Nationally in all matters of significant Personal Injury, Medical CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT multi-million dollars verdicts and settlements). A former professor such subjects as Trial Techniques, Medical Malpractice, “Winning Malpractice, Toxic Exposure, Defective Products, Unsafe Drugs, of law, he has also served on the faculty of the National Judicial the Million Dollar Verdict”, and many more. Leonard L. Finz, a and Construction Accidents. Sohl v. Bassett Healthcare Network Oct 01 Otsego Supreme Failure to Detect: Three doctors overlooked Charlene S. Fallon, James D. Linnan, Albany, NY of Linnan & Fallon, LLP $144,690,039 College where he has taught judges in 50 states on Medical Mal- former U.S. Army officer (Pacific Theater), was officially decorated The firm has principal offices located in its own high-tech myocardial infarction, suit alleged practice, and issues of Trial Procedure. He is a prolific author of by the Secretary of the Army for his “distinguished and meritorious building in Mineola, New York in addition to offices in Manhattan Martin v. New York City Health and Hospitals May 25 Bronx Supreme Delayed Treatment: Unchecked allergic Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore $121,000,000 hundreds of articles and opinions published in leading national service…and outstanding contribution to military justice.” with affiliate offices throughout the country. Corp. reaction led to quadriplegia, suit alleged A Sampling of Multi-Million Dollar verdicts and settlements by Stuart L. Finz, Leonard L. Finz and the Finz Firm Settlement - $24,500,000.00 Settlement - $5,000,000.00 Settlement - $3,200,000.00 Settlement - $2,400,000.00 Record truck accident settlement Broadway stagehand fell causing quadriplegia Medical Malpractice in replacement Medical Malpractice for misreading a mammogram of heart valve causing brain damage resulting in advancement of breast cancer Verdict - $22,575,000.00 Settlement - $4,800,000.00 Negligence resulting in wrongful death and negligent Construction worker killed in water tunnel Settlement - $3,200,000.00 Settlement - $2,375,000.00 infliction of emotional distress Automobile accident resulted in brain injury Medical Malpractice for failure to use a heart monitor Settlement - $4,700,000.00 resulting in death Verdict - $20,520,000.00 Shopper hit by box resulted in Verdict - $3,000,000.00 Smoker against big tobacco Reflex Sympathetic Dystrophy (RSD) Product liability against helmet manufacturer Verdict - $2,350,000.00 for failure of helmet to protect against head injury Medical Malpractice for implantation of a diseased Verdict - $9,000,000.00 Settlement - $4,600,000.00 heart resulting in death Slip and fall after Con Edison shutdown Medical Malpractice in prescribing contraindicated Verdict - $3,000,000.00 power to apartment building medicine caused brain damage Medical Malpractice for failure Settlement - $2,300,000.00 to diagnose a cerebral aneurysm Products liability against a drug manufacturer for a Settlement - $8,000,000.00 Settlement - $4,600,000.00 drug that caused cancer Brain damage caused by defective Bicyclist fell on defective roadway and sustained brain Settlement - $2,875,000.00 Tube slide designed by New York State injury Negligence of landlord in failing to shut down boiler Settlement - $2,225,000.00 resulting in worker sustaining burns and death Medical Malpractice for misreading a CT resulting in a Settlement - $6,500,000.00 Verdict - $4,600,000.00 misdiagnosis Defective drug caused birth injury Medical Malpractice resulted in cardiac arrest Settlement - $2,750,000.00 Product liability against manufacturer of Settlement - $2,010,000.00 Settlement - $6,000,000.00 Settlement - $4,500,000.00 an aerosol can that caught fire resulting in burns Medical Malpractice for prescribing an aggressive Lead paint caused autism and brain damage Medical Malpractice resulted in cerebral bleed liquid diet causing death Settlement - $2,600,000.00 Settlement - $5,200,000.00 Settlement - $4,200,000.00 Construction worker injured when struck in the head Verdict - $2,000,000.00 Medical Malpractice resulted in brain damaged infant Medical Malpractice resulted in stroke to mother by an excavator operated by a co-worker Medical Malpractice caused femoral nerve damage during child birth resulting in neuropathy Verdict - $5,042,432.00 Settlement - $2,500,000.00 Product liability against chemical company for failure Settlement - $3,500,000.00 Construction worker sustained herniated disc Verdict - $2,000,000.00 to warn resulting in burns Medical Malpractice resulted in contraction of requiring surgery when an object fell from a height Automobile accident resulting in a leg fracture chickenpox causing brain damage Verdict - $5,000,000.00 Settlement - $2,500,000.00 Settlement - $2,000,000.00 Medical Malpractice resulted in brain damage Settlement - $3,500,000.00 Train struck an automobile at a railroad crossing Automobile accident causing death Automobile accident resulted in neurological injuries causing death of car operator Verdict - $5,000,000.00 Settlement - $2,000,000.00 Bus company negligence resulted in wrongful death Settlement - $3,350,000.00 Settlement - $2,400,000.00 Product liability against manufacturer of vaporizer Medical Malpractice for failure to inform mother that Product liability against a food supplement that caught fire and killed an infant Settlement - $5,000,000.00 child had deformity in utero which deprived her of manufacturer whose product caused lupus Failure to secure railroad fence resulted in opportunity to abort Settlement - $2,000,000.00 leg amputation Settlement against a hospital that failed to treat severe preeclampsia and HELLP Syndrome which resulted in death 2012 TOP VERDICTS NY
Medical Malpractice: Failure to Detect, Treat, or Diagnose
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
Debes v. St. Vincent's Medical Center-Staten Aug 24 Richmond Failure to Detect: Docs didn't recognize preg- Richard J. Sgarlato, Staten Island, NY of Sgarlato & Sgarlato PLLC $103,075,618 Island Supreme nant woman's contractions, suit alleged Tesoriero v. Fisher Feb 07 Su olk Supreme Failure to Test: Radiologist misdiagnosed Robert V. Fallarino, Lake Success, NY of Pegalis & Erickson, L.L.C. $15,000,000 cancerous tumor, plainti alleged Raimondi v. Behar Oct 12 Nassau Supreme Failure to diagnose and treat James Du y, New York, NY of Du y & Du y $6,000,000 hydrocephalu in married 22 year old mother of two proved fatal Estate of McKenzie v. Rao Feb 15 Rockland Failure to Test: Doc overlooked aorta's Anthony DiPietro, New York, NY of The Law O ce of Anthony T. DiPietro, $3,446,000 Supreme fatal tear, suit alleged P.C., New York, NY, of counsel, Fink & Platz, Garden City, NY Bello v. New York Presbyterian Hospital/Colum- Jun 06 Queens Supreme Failure to Detect: Heart's disease not John S. Kanzler, Mineola, NY of Finz & Finz, P.C. $2,350,000 bia University Medical Center detected before transplant, estate alleged
Hague v. Rothman Apr 10 Richmond Failure to Treat: Doctors' forgetfulness led Edward T. Cooper, New York, NY of Torgan, Cooper & Aaron, P.C. $1,500,000 Supreme to patient's death, suit alleged Meehan v. Albany Medical Center Hospital Jan 19 Greene Supreme Failure to Detect: Hospital's sta didn't James D. Linnan, Albany, NY of Linnan & Fallon LLP $1,350,000 spot fatal emboli, suit alleged
Scarpati v. Kim May 31 Richmond Failure to Test: Hospital's sta didn't spot Ronald C. Burke, New York, NY of Kelner & Kelner $1,000,000 Supreme patient's cancer, suit alleged
Peters v. Monte ore Medical Center Aug 17 Bronx Supreme Failure to Monitor: Infant injured by Rory M. Shectman, New York, NY of Law O ces of Kenneth A. Wilhelm $800,000 catheter's leak, mother claimed
Johnston v. Savino Aug 03 Su olk Supreme Failure to Test: Doc didn't recognize symp- Richard H. Abend, New York, NY of Abend & Silber, PLLC $800,000 toms of cancer, patient alleged
Vaughan v. Somersel Jun 29 Bronx Supreme Failure to Test: Wrong medication ad- Kwarma Vanderpuye, New York, NY of of counsel, Paul B. Weitz and Associ- $776,000 vanced infection, patient claimed ates, NY, of counsel, The Cochran Firm Pierrelouis v. Bekritsky Jun 28 U.S. District Failure to Communicate: Hospital didn't dis- Alan S. Ripka, New York, NY of Napoli Bern Ripka, LLP $750,000 Court, SDNY close test's troublesome results, suit alleged
38 VerdictSearch’s Top New York Verdicts of 2012 Medical Malpractice: Failure to Detect, Treat, or Diagnose
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
Debes v. St. Vincent's Medical Center-Staten Aug 24 Richmond Failure to Detect: Docs didn't recognize preg- Richard J. Sgarlato, Staten Island, NY of Sgarlato & Sgarlato PLLC $103,075,618 Island Supreme nant woman's contractions, suit alleged Tesoriero v. Fisher Feb 07 Su olk Supreme Failure to Test: Radiologist misdiagnosed Robert V. Fallarino, Lake Success, NY of Pegalis & Erickson, L.L.C. $15,000,000 1444 Clove Road cancerous tumor, plainti alleged Raimondi v. Behar Oct 12 Nassau Supreme Failure to diagnose and treat James Du y, New York, NY of Du y & Du y $6,000,000 Staten Island, NY hydrocephalu in married 22 year old mother of two proved fatal 718-273-7900 Estate of McKenzie v. Rao Feb 15 Rockland Failure to Test: Doc overlooked aorta's Anthony DiPietro, New York, NY of The Law O ce of Anthony T. DiPietro, $3,446,000 Supreme fatal tear, suit alleged P.C., New York, NY, of counsel, Fink & Platz, Garden City, NY Bello v. New York Presbyterian Hospital/Colum- Jun 06 Queens Supreme Failure to Detect: Heart's disease not John S. Kanzler, Mineola, NY of Finz & Finz, P.C. $2,350,000 bia University Medical Center detected before transplant, estate alleged
Hague v. Rothman Apr 10 Richmond Failure to Treat: Doctors' forgetfulness led Edward T. Cooper, New York, NY of Torgan, Cooper & Aaron, P.C. $1,500,000 On August 24, 2012 The Highest Verdict Supreme to patient's death, suit alleged Meehan v. Albany Medical Center Hospital Jan 19 Greene Supreme Failure to Detect: Hospital's sta didn't James D. Linnan, Albany, NY of Linnan & Fallon LLP $1,350,000 spot fatal emboli, suit alleged in the History of the Staten Island Court System Scarpati v. Kim May 31 Richmond Failure to Test: Hospital's sta didn't spot Ronald C. Burke, New York, NY of Kelner & Kelner $1,000,000 Supreme patient's cancer, suit alleged
Peters v. Monte ore Medical Center Aug 17 Bronx Supreme Failure to Monitor: Infant injured by Rory M. Shectman, New York, NY of Law O ces of Kenneth A. Wilhelm $800,000 catheter's leak, mother claimed
Johnston v. Savino Aug 03 Su olk Supreme Failure to Test: Doc didn't recognize symp- Richard H. Abend, New York, NY of Abend & Silber, PLLC $800,000 $103 MILLION* toms of cancer, patient alleged
Vaughan v. Somersel Jun 29 Bronx Supreme Failure to Test: Wrong medication ad- Kwarma Vanderpuye, New York, NY of of counsel, Paul B. Weitz and Associ- $776,000 vanced infection, patient claimed ates, NY, of counsel, The Cochran Firm Was obtained by the Law Firm of Pierrelouis v. Bekritsky Jun 28 U.S. District Failure to Communicate: Hospital didn't dis- Alan S. Ripka, New York, NY of Napoli Bern Ripka, LLP $750,000 Court, SDNY close test's troublesome results, suit alleged Sgarlato & Sgarlato, PLLC
Available to the Profession for Case Referrals and Trials. State and Federal Courts. 1444 Clove Road 718.273.7900 [email protected]
*Prior results do not guarantee a similar outcome. Results depend upon a variety factors unique to each representation. 2012 TOP VERDICTS NY
Medical Malpractice: Failure to Detect, Treat, or Diagnose
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT
Butter eld v. Caputo Feb 20 Onondaga Failure to Communicate: Postsurgical lapses Charles L. Falgiatano, Syracuse, NY of DeFrancisco & Falgiatano Law Firm $624,309 Supreme led to coma, more surgery, plainti alleged
Moskowitz v. Katz Apr 27 New York Failure to Detect: Doc's oversight led to Brian M. Brown, New York, NY of Zaremba Brownell & Brown, PLLC $575,000 Supreme failure of leg's reconstruction, suit alleged
Abbatantuono v. Boolbol Mar 27 Richmond Failure to Communicate: Doc's silence al- Victoria Wickman, New York, NY of Law O ce of Victoria Wickman $500,000 Supreme lowed cancer's spread, patient claimed
Zelada v. Singh Feb 03 Nassau Supreme Failure to Test: Doctor overlooked appendi- Martha Gold & Robert J. Bellinson, New York, NY of New York, NY, of coun- $150,000 citis, plainti claimed sel, The Law O ce of Martha Gold
Cullens v. Harris Jul 02 Su olk Supreme Failure to Diagnose: Undiagnosed cancer Steven Tannenbaum, Lake Success, NY of Horowitz, Tannenbaum & Silver $150,000 led to myocardial infarction, suit alleged P.C.
Medical Malpractice: Surgery
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Jupiter v. United States of America Dec 20 U.S. District Surgical Error: Surgeon's unneeded cut Steven E. North , New York, NY of Steven E. North, P.C.; Laurence M. $5,900,000 Court, EDNY had fatal result, suit alleged Deutsch, New York, NY of Laurence M. Deutsch Law Firm, P.C.
Drummond v. Lutheran Medical Center Dec 04 Bronx Supreme Unnecessary Procedure: Unneeded surgery Anthony P. Gentile, New York, NY of Godosky & Gentile, P.C. $4,200,000 led to rupture of spine, patient claimed
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Medical Malpractice: Failure to Detect, Treat, or Diagnose CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT LITIGATION MARKETPLACE Butter eld v. Caputo Feb 20 Onondaga Failure to Communicate: Postsurgical lapses Charles L. Falgiatano, Syracuse, NY of DeFrancisco & Falgiatano Law Firm $624,309 Supreme led to coma, more surgery, plainti alleged
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CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Punturieri v. Marciano Oct 04 Nassau Supreme Unnecessary Procedure: Doc overlooked David S. Pollack, Uniondale, NY of Du y & Du y $1,500,000 fatal tear of boy's esophagus, suit alleged
Flores v. Makower Jan 12 Kings Supreme Surgical Error: Podiatric surgery worsened Christopher J. Donadio, New York, NY of Burns & Harris $1,225,000 foot, patient claimed
Guyette v. Grafstein Feb 10 Franklin Su- Surgical Error: Prostate's removal led to Thomas A. Grue & Joseph P. Nichols, Malone, NY of Poissant, Nichols, $919,277 preme permanent colostomy Grue & Vanier, PC
Siddiqua v. Anarella Mar 16 Queens Supreme Surgical Error: Botched bunionectomy Jonah Grossman, Jamaica, NY of Jonah Grossman, Esq. $823,920 caused deformity, plainti claimed Jenny v. Ozuner Aug 21 Rockland Surgical Error: Surgeon's slip caused injury Jonathan C. Reiter, New York, NY of Law Firm of Jonathan C. Reiter $774,021 Supreme of ureter, patient claimed
Schonger v. Kredentser Dec 14 Ulster Supreme Surgical Error: Robotic surgery's risks not Je Brody, Kingston, NY of Je Brody Injury Law $300,000 disclosed, patient alleged
Torres v. Cho Feb 16 New York Wrong Procedure: Sinus surgery resulted Edward J. Sanocki, New York, NY of Sanocki, Newman & Turret, L.L.P. $75,000 Supreme in double vision, plainti claimed
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CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Behringer v. United Cerebral Palsey Association Dec 18 Erie Supreme Group home's resident mocked, mis- Terrence M. Connors & Joseph D. Morath, Jr., Bu alo, NY of Connors & $11,100,000 of Niagara County Inc treated, suit alleged Vilardo LLP
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TOP 2012 NEW YORK VERDICTS BY CATEGORY Motor Vehicle Motor Vehicle Accident: Bicycle Motor Vehicle Accident: Head on Collision Motor Vehicle Accident: Intersection Motor Vehicle Accident: Lane Change Motor Vehicle Accident: Left Turn Motor Vehicle Accident: Motorcycle Motor Vehicle Accident: Negligent Operation Motor Vehicle Accident: No-Fault Motor Vehicle Accident: Passenger Motor Vehicle Accident: Pedestrian Motor Vehicle Accident: Rear End Collision Motor Vehicle Accident: Stop Sign Motor Vehicle Accident: Roadway Defects Motor Vehicle Accident: Public Transportation 2012 TOP VERDICTS NY
Motor Vehicle Accident: Bicyclist
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Ioviero v. Hur May 04 Queens Supreme Bicyclist hit by car, broke shin and tore Christopher J. Albee, Staten Island, NY of Votto & Cassata LLP $750,000 knee
Estate of Shamoon v. Soldaner Feb 09 Kings Supreme Motorist was moving too fast to see Adam D. White, New York, NY of the Law O ces of Adam D. White $200,000 bicyclist, suit alleged
Collins v. Hossain Jan 26 Kings Supreme Bicyclist claimed cabbie drove into him Adam D. White, New York, NY of the Law O ce of Adam D. White $41,250 after argument
Yun v. Rampersaud May 11 Queens Supreme Motorist crossed center line, caused crash, Eric Weiss, Long Island City, NY of Jerlad Werlin $12,500 bicyclist claimed
Motor Vehicle Accident: Head on Collision
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Tejada v. Fraker Feb 02 Sullivan Su- Center Line: Car crash's parties each Richard R. Mogg, Bronx, NY of Bronx, NY, trial counsel to Frekhtman & $500,000 preme claimed other crossed line Associates, Brooklyn, NY
Mesler v. Verheyn May 23 Niagara Su- Center Line: Motorist not mindful of icy Edward P. Perlman, Niagara Falls, NY of Berrigan, Perlman & Gabriele $42,000 preme conditions, plainti claimed
Motor Vehicle Accident: Intersection
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Lawton v. Palmer Oct 18 Kings Supreme Car crash's parties disputed status of tra c Michael E. Glynn, New York, NY of Larry Hallock $400,000 signals
Pierce v. Zanlunghi Sep 12 New York Car crash's parties disputed status of tra c David Green, New York, NY of Law O ces of Michael Goldberg, P.C. $350,000 Supreme signals
Kevin v. Winston Mar 12 Kings Supreme Vehicular accident's parties each claimed right David E. Thomas, New York, NY of trial counsel to Harmon, Linder & Rogowsky $200,000 of way
Beatman v. Margaglio Aug 02 Chautauqua Car crash's parties disputed status of tra c Dalton J. Burgett, Jamestown, NY of Burgett & Robbins $175,904 Supreme signals
Paravizzini v. Allstate Insurance Co. Feb 10 American Arbitra- Motorist ignored red light, caused crash, claim- Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C. $100,000 tion Association ant alleged
Reynoso v. Del Ponte Jul 24 Kings Supreme Car crash's parties contested points of impact, Neil P. Flynn, Garden City, NY of Paul Ajlouny & Associates $50,000 right of way
Brown v. Kelly May 22 Su olk County Broadside crash caused injury of neck, motorist Timothy Mazzei, Blue Point, NY of Mazzei & Blar, Esqs. $27,040 claimed
Ewers v. Theodore May 02 Kings Supreme Car crash's parties disputed status of tra c Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & Brown $11,900 signals
Allen v. Lowczys Sep 13 Erie Supreme Car crash's parties disputed status of tra c John Elmore, Lancaster, NY of Brown Chiari L.L.P. $6,000 signals
46 VerdictSearch’s Top New York Verdicts of 2012 Congratulations to Jonathan Rice, Esq. of Grant & Longworth, Trial Attorney on One of the Top 15 Verdicts in New York State for 2012. Loja v. Lavelle - $11,192,399.00 Landscaper hit by car while unloading trailer, lost leg Motor Vehicle: Pedestrian 1/27/12 – Westchester Supreme 2012 TOP VERDICTS NY
Motor Vehicle Accident: Lane Change
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Ritzul v. Consumer Product Service Oct 25 Queens Supreme Expressway accident blamed on rig driver's Andrew M. Laskin & Lawrence T. Yablon, New York, NY of Robinson & $950,000 loss of control Yablon, PC
Zayas v. Snyder Oct 16 Kings Supreme Car crash's parties debated who struck Jason A. Greenberg , Brooklyn, NY, trial counsel to Charles P. Gassler, Great $907,500 whom Neck, NY of Gassler & O'Rourke, PC
Phelps v. City of New York Mar 13 Kings Supreme Policeman crossed line, caused car crash, Steven J. Zaloudek, New York, NY of Paul B. Weitz & Associates PC $500,000 suit alleged
Moncion v. New York City Transit Authority Jun 21 New York Bus and van drivers traded blame for Richard Ashman, New York, NY of Michelstein & Associates, PLLC $300,000 Supreme sideswipe collision
Jackson v. Butler Jul 02 Kings Supreme Motorist inattentive while leaving parking spot, Marius C. Wesser, New York, NY trial counsel to Mark Halberstam, Esq., Attorney at $300,000 plainti claimed Law
Kim v. Kim Jun 01 Bronx Supreme Hasty driver didn't look before exiting parking Eric Weiss, Long Island City, NY of Law O ce of Jerald D. Werlin $60,000 space, suit alleged
Motor Vehicle Accident: Left Turn
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Grossman v. Mari Jun 06 New York Car crash led to seizures, OCD, plainti Thomas P. Giu ra, NY, NY of Rheingold, Valet, Rheingold, McCartney & $9,000,000 Supreme claimed Giu ra LLP; Adam D. Cahn, NY, NY of Sakkas, Cahn & Weiss, LLP
Abitable v. Choe May 18 Nassau Supreme Motorist's hasty turn caused crash, plain- Joel L. Levine, Mineola, NY of Levine and Wiss PLLC $317,500 ti claimed
Suber v. Geico Insurance Co. May 11 American Motorist's hasty turn caused accident, Evan M. Foulke, Goshen, NY of Foulke Law O ces $227,581 Arbitration As- claimant alleged sociation Alvarado v. Cellers Jun 08 Kings Civil Defense: Motorist ignored red light, Adam B. Feder, Brooklyn, NY of Feder & Rodney, PLLC $100,000 caused crash Flood v. Brechtel Oct 24 Erie Supreme Motorist's imprecise turn caused accident, suit John B. Licata & Je rey B. Novak, Bu alo, NY of HoganWillig; J. Patrick Lennon, $95,000 alleged Bu alo, NY of Rosenthal, Siegel, Muenkel, Kooshoian & Lennon, LLP Bielecky v. Lee Sep 13 Queens Supreme Car crash's parties debated who was rst to Reza Rezvani, New York, NY of trial counsel to Greg Garber, Esq. $23,500 enter intersection Faiella v. Falcon Sep 28 Bronx Supreme Motorist's hasty turn caused accident, plainti Philip M. Aglietti, Bronx, NY of Budin, Reisman, Kupferberg & Bernstein, LLP $22,000 claimed
Tyndale v. Guaigua Jul 18 Kings Supreme Car crash's parties disputed location of vehicles Je rey A. Aronsky, New York, NY of Je rey A. Aronsky, P.C. $20,000
Dennie v. Arrindell Apr 04 Kings Supreme Driver turned out of wrong lane, caused crash, Adam F. Raclaw, Bronx, NY of Hoberman & Trepp, P.C. $15,000 plainti claimed
Motor Vehicle Accident: Motorcycle
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Sommer v. Pocono Transit Service Jul 18 New York Bus driver didn't yield before turning, Joshua D. Gropper, New York, NY of Gropper Law Group, PLLC $2,490,000 Supreme motorcyclist claimed Pappas v. Werner Enterprises Inc. Dec 18 U.S. District Tailgating trucker caused accident, motor- Glenn P. Dolan, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C. $1,640,000 Court, SDNY cyclist claimed
Pagan v. Tumminia May 04 Kings Supreme Late-to-work driver caused accident, John M. Porchia, III , West Islip, NY of Lite & Russell; Michael P. DeCarlo, $450,000 motorcyclists claimed New York, NY of Connors & Connors; Michael DellaUniversita, Ronkonko- ma, NY of Gruenberg Kelly Della Alexander v. Janniello Apr 24 Bronx Supreme Motorist's U-turn caused crash, motorcy- Patrick Murphy, Bronx, NY trial counsel to Law O ce of Michael T. Ridge $175,000 clist claimed
Perez v. Tawil Dec 19 Kings Supreme Motorcyclist hit by car, claimed injuries of spine Justin M. Blitz, New York, NY of Schulman Blitz, LLP $120,000
Kim v. Kim Jun 01 Bronx Supreme Hasty driver didn't look before exiting parking Eric Weiss, Long Island City, NY of Law O ce of Jerald D. Werlin $60,000 space, suit alleged
48 VerdictSearch’s Top New York Verdicts of 2012 ww
HELPING THE INJURED. ONE PERSON AT A TIME
For over 35 years, Rheingold, Valet, Rheingold, McCartney & Giu ra has dedicated itself to providing the best possible legal representation to our clients and the lawyers who refer their cases to us.
is proud tradition continues, as evidenced by the string of recent successful verdicts and settlements that we have had in the elds of personal injury, medical malpractice, product liability and mass tort litigation.
We are honored that for the 5th consecutive year, our partner omas P. Giu ra has been featured by this publication for having one of the highest verdicts in New York State in the past year. Tom obtained a $9 million verdict, which was the highest motor vehicle verdict in 2012. Terrence E. McCartney, another of our partners, obtained a verdict in excess of $4.3 million which was the second largest product liability verdict in New York State in a very complicated tire defect case against Dunlop Tire.
In personal injury, medical malpractice and mass tort litigation, our rm retains its long-standing position among the nation’s pre-eminent leaders the eld.
We welcome the opportunity to work with lawyers who have personal injury, medical malpractice or products liability cases they wish to refer and are also available to work as trial counsel on cases that have already been prepared. We are actively seeking mass tort cases involving the Da-Vinci Robot, metal-on-metal arti cial hip implants, Fosamax femur fractures, transvaginal mesh, Mirena I.U.Ds and pancreatic cancer cases secondary to Byetta, Januvia and Victoza.
Rheingold, Valet, Rheingold, McCartney & Giuffra LLP 113 East 37th Street | New York, NY 10016 | New York Law Office Toll-free 888-335-9457 | Fax. 212.689.8156 | E-mail Us | Se habla Español 2012 TOP VERDICTS NY
Motor Vehicle Accident: Negligent Operation
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Abreu v. M & M Truck & Body Repair Inc. Mar 01 Bronx Supreme Speeding: Pedal-to-the-metal trucker Steven Michelstein & Richard Ashman, New York, NY of Michelstein & $21,980,000 toppled other truck, suit alleged Associates, PLLC; Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C.; Robert J. Genis, Bronx, NY of Sonin & Genis, Esqs. Wallace v. City of New York May 30 Bronx Supreme Tractor driver's U-turn caused crash, William Schwitzer, New York, NY of Dinkes & Schwitzer $11,600,000 plainti claimed Fugazy v. Town of Harrison, New York Apr 13 Westchester Speeding: Fireman driving too fast on way Daniel A. Thomas, New York, NY of Law O ces of Daniel A. Thomas, P.C., $825,000 Supreme to re, motorist claimed New York, NY, trial counsel to Menz, Bonner, Komar & Koenigsberg, LLP, New York, NY Claudio v. Shiwamber Dec 20 Bronx Supreme Negligent operation Je rey A. Aronsky, New York, N.Y. of Je rfey A. Aronsky, P.C. $500,000 Frank v. Islam Nov 22 Bronx Supreme Negligent operation Je rey A. Aronsky, New York, N.Y. of Je rfey A. Aronsky, P.C. $275,000 Tunney v. Miranda Sep 11 Queens Supreme Tailgating motorist caused fatal crash, Michael G. Mehary, New York, NY of The Law O ces of Curtis, Vasile, P.C. $210,000 estate alleged Richards v. Austin Apr 02 Westchester Motorist backed out of driveway and Sheryl R. Menkes, New York, NY of Law O ce of Sheryl Menkes $70,000 Supreme caused crash, suit alleged Rene v. Todaro Jan 27 Kings Supreme Car crash blamed on driver following too Michael Banuchis, Brooklyn, NY of Robert J. Renna, P.C. $40,000 closely Devall v. Chilton Apr 17 Saratoga Car crash caused permanent damage of Timothy J. Horigan, Amsterdam, NY, trial counsel to Brian Lee, Esq., $22,500 Supreme ear, plainti claimed Saratoga Springs, NY
Motor Vehicle Accident: No-Fault
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Blue v. Foresure Transport Inc. Apr 19 Kings Supreme Plainti claimed fender bender caused James J. McCrorie, New York, NY of Law O ces of James J. McCrorie, P.C. $3,250,000 injuries of spine, shoulder Weathers v. Rios Apr 17 Kings Supreme Car crash caused spinal injuries, plainti John Avanzino, Brooklyn, NY of Avanzino & Moreno, P.C., Brooklyn, NY, $1,647,000 claimed trial counsel to Bruce S. Reznick, Brooklyn, NY of Bruce S. Reznick, P.C.
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With degrees in engineering, biology and nursing we are prepared to tackle the scien- tific and medical aspects of all cases with the knowledge and experience needed to successfully present our clients’ causes to a judge and jury. Our practice concentrates on people catastrophically injured in accidents, medical malpractice, product liability and mass tort actions for defective medical devices and drugs. We are pleased to again be selected to appear in the Top Verdicts Supplement. Our cases range from auto accidents and premises liability to medical malpractice, product liability and mass torts. We are currently accepting mass tort cases involving trans- vaginal mesh implants, DePuy hips, Pradaxa, Fosamax, Boniva and Mirena IUDs. Thanks again to our referring attorneys. We appreciate your continued business!
GURFEIN DOUGLAS LLP | 11 Park Place, New York, NY 10007 | (212) 406-1600 www.gurfeindouglas.com | [email protected] 2012 TOP VERDICTS NY
Motor Vehicle Accident: No-Fault
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Tully v. Chase Mar 27 Oneida Supreme Car crash led to four spinal surgeries, Victor L. Mazzotti, Albany, NY of Martin, Harding & Mazzotti, L.L.P. $1,275,000 plainti claimed Pena v. Kontner Feb 27 Queens Supreme Expressway accident caused spinal hernia- Stephen Z. Williamson, New York, NY of trial counsel, Elliot Ifraimo & $1,263,000 tion, plainti claimed Associates Croke v. Osburn Jan 31 Queens Supreme Tra c accident ended career, bus driver Je rey M. Blum, Flushing, NY of Mallilo & Grossman $1,235,023 claimed Chun v. Chakery Jun 20 Queens Supreme Driver's hasty turn resulted in injuries of David N. Sloan, Hicksville, NY of David N. Sloan, Esq. $600,000 four, suit alleged Ortiz v. NXK Corp May 25 Bronx Supreme Couple claimed car crash caused knee Richard K. Hershman, New York, NY, of Richard K. Hershman P.L.L.C. $510,000 injuries Ochiagha v. Montoya Mar 21 Bronx Civil Car accident caused injuries of spine, Anthony A. Ferrante, Mineola, NY of Levine and Wiss PLLC $500,000 plainti claimed Melucci v. Varmette Mar 21 Warren Supreme Car crash caused disabling neck pain, William L. Nikas, Hudson Falls, NY of William L. Nikas, Esq. $500,000 plainti claimed
Diaz v. Jachts Container Corp. May 31 Queens Supreme Car crash caused injuries of nose, spine, Joel Rubenstein, New York, NY of German Rubenstein LLP; Jordan D. Hecht, $500,000 plainti claimed New York, NY of Hecht, Kleeger, Pintel & Damashek Lana v. McIntosh May 23 Queens Supreme Vehicular accident caused spinal injuries, Michael B. Palillo, New York, NY of Michael B. Palillo, P.C. $400,000 plainti s claimed
O'Neill v. Garcia Aug 08 Westchester Hit-and-run accident caused spinal inju- Gary M. Gash, White Plains, NY of Gash & Associates, P.C. $350,000 Supreme ries, plainti claimed Kazantsev v. Metro Fuel Oil Corp. Feb 21 Bronx Supreme Car crash caused spinal injuries, dance Michael Naimark, Jamaica, NY of Naimark & Tannenbaum $340,000 instructor claimed Paschke v. Collins May 23 Erie Supreme Car crash caused injuries of spine, shoul- Patrick J. Brown, Bu alo, NY of LoTempio & Brown P.C. $285,000 der, plainti claimed
Smiley v. Batista Aug 01 Bronx Supreme Plainti claimed he tore shoulders in car Brett I. Bloom, New York, NY of Harmon, Linder & Rogowsky $250,000 crash
“All of us can learn about the “art” of effective cross- examination from one of the true Masters of this generation, John Nicholas Iannuzzi” Benjamin Brafman, Esq. O’N . G So Tissue Injury, with Bulging & Herniated Discs, Results in $350,000 Verdict: One of the Highest Reported Verdicts in Westchester County For is Type Of Injury. In this “so tissue” automobile accident case, the plainti was sideswiped by the defendant in a parking lot. e plainti sustained a so tissue injury, with bulging and herniated discs. e jury awarded $350,000.00 for her pain and su ering. Jury Verdict: $350,000.00 V . T C N Y e plainti Juan Vasquez slipped, tripped and fell over a defective sidewalk on E. 170th Street in the Bronx, fracturing his tibia and bula of his right leg requiring open reduction and internal xation. e plainti was not employed at the time of the accident, nor at trial. erefore, there was no lost wage claim. Mr. Gash tried the matter in Bronx Supreme Court and, a er a six daytrial, the jury returned a verdict in the sum of $1,200,000. Jury Verdict: 1,200.000.00 W R . T NYC S C A , C N Y S USA B , I . Construction Worker’s Fall from Sidewalk Sca old, resulting in tears to the lateral and medial meniscus, arthroscopic surgery, the development of avascular necrosis and a knee replacement, a er a nding of liability on the plainti ’s motion for summary judgment, results in a mediated settlement of $925,000, and a total payout in excess of two million dollars. Settlement A er Liability Finding: $925,000.00
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Meagher & Meagher, P.C. | 111 Church Street, White Plains, N.Y. 10601 | T: (914) 328-8844 | F: (914) 328-8570 | meagherandmeagherpc.com | [email protected] 2012 TOP VERDICTS NY
Motor Vehicle Accident: No-Fault
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Lee v. Yigit May 24 Su olk County Car crash caused injuries of back, hip, Ted M. Rosenberg, Holtsville, NY of Rosenberg & Gluck $230,000 plainti claimed McTeer-Davis v. Horton Sep 14 Bronx Supreme Car crash caused shoulder and neck inju- Ian M. Chaikin, New York, NY of Paris & Chaikin PLLC $225,000 ries, plainti claimed Persaud v. Raghoo Feb 24 Queens Supreme Plainti claimed he tore knee in car crash Richard C. Bell, New York, NY $225,000 Labita v. Saer Oct 03 Su olk Supreme Car crash led to fusion of neck, plainti Richard Noll, Syosset, NY of Noll Law Firm, P.C. $217,000 claimed DiFrancesco v. Pacchiana May 17 Nassau Supreme Multi-car accident caused spine, shoulder Aybike Donuk, Mineola, NY of Sanders, Sanders, Block, Woycik, Viener & $215,000 injuries, plainti claimed Grossman, P.C. Judge v. Hoch Aug 16 Queens Supreme Tra c accident caused spinal injuries, Jay Flatow, New York, NY of Lurie & Flatow, P.C. $215,000 plainti claimed Martinez v. Duran Jun 27 Bronx Supreme Car crash caused injuries of elbow, spine, Zory Shteyman, Rockville Centre, NY of Law O ce of Henry W. Davoli Jr., $200,000 plainti claimed PLLC Ndoye v. Castro Apr 18 Bronx Supreme Car crash caused spinal injuries, plainti Seth D. Zuko , New York, NY of The Law O ces of Seth D. Zuko , Esq. $200,000 claimed Melvin v. Reynolds May 25 Su olk Supreme Car crash caused disabling injury of neck, Joseph E. So ey, Garden City, NY of So ey & So ey $195,800 plainti claimed Fy e v. Austin Jun 19 Queens Supreme Woman hit by car, claimed injuries of back, Matthew A. Schroeder, New York, NY of The Law O ces of Alvin M. Bern- $185,000 knee, shoulder stone, LLP Byrd v. Halkida LLC Jun 29 Queens Supreme Actor/model claimed car crash ended Alexandra F. Pinilla, Forest Hills, NY of Law O ce of Morton Povman P.C., $175,000 career trial counsel to Russo, Darnell & Lodato, LLP, East Meadow, NY Wuestman v. Stevens Jul 11 Su olk Supreme Car crash caused injuries of neck, plainti Charles Bonfante, III, Hauppauge, NY of Law O ces of Charles Bonfante III $170,000 claimed and Associates Alamo v. Martins Jan 09 Queens Supreme Expressway accident caused spinal inju- Greg Garber, New York, NY of Garber Legal; Justin M. Blitz, New York, NY of $150,000 ries, plainti claimed Schulman Blitz, LLP Sepulveda v. Lukaj Mar 21 Bronx Supreme High-speed three-car accident caused Luis Guerrero, New York, NY of Luis Guerrero, P.L.L.C. $125,000 spinal injuries, suit alleged Curry v. Dale Jan 30 Kings Supreme Plainti claimed hand was hurt by air bag Robert J. Menna, New York, NY of Law O ces of Alan M. Greenberg, P.C. $125,000 during car crash Collins v. Noel Jun 19 Rockland Car crash caused injury of neck, plainti Hsiuen (Je rey) F. Chen, Mineola, NY of Bartlett, McDonough & Monaghan $120,000 Supreme claimed L.L.P. Kennedy v. Arif Dec 05 Kings Supreme Car crash caused derangement of spine, Russell LiBrizzi, Brooklyn, NY of Lozner & Mastropietro $100,000 plainti claimed Kucevic v. Khatimskiy Jan 19 Kings Supreme Car crash caused injuries of knee, spine, Jared Glugeth, New York, NY of Raphaelson & Levine Law Firm, P.C. $100,000 plainti claimed Ramdass v. Bath Apr 04 Bronx Supreme Highway accident caused ankle, back Gary P. Kauget, Brooklyn, NY of Gary P. Kauget P.C. $100,000 injuries, plainti claimed Lopez v. Gregory May 29 Kings Supreme Highway accident caused injuries of spine, Peter M. Zirbes, Forest Hills, NY of Peter M. Zirbes & Associates, PC $100,000 shoulder, man claimed Robinson v. Noel Apr 26 Kings Supreme Pair claimed car crash caused injuries of Michael Glynn, Brooklyn, NY of Wellerstein & Associates, P.C. $100,000 back, neck, shoulder St. Laurent v. Engel Mar 26 Su olk Supreme Plainti claimed he tore knee during car Anthony Ciaccio, Ronkonkoma, NY of Gruenberg Kelly Della $100,000 crash Schmitt v. Edna Mar 05 Richmond Plainti claimed she tore shoulder in auto Sean Sasso, Staten Island, NY of Chelli & Bush, Esqs. $100,000 Supreme accident Lewis v. Oliveira Jul 06 Bronx Supreme Car crash caused spinal injuries, plainti Katharine Hall, White Plains, NY of Bailly & McMillan, LLP $90,000 claimed Barron v. Payano Mar 28 Kings Supreme Couple claimed car crash caused spinal Anthony A. Ferrante, Mineola, NY of Levine and Wiss PLLC $80,000 injuries Yang v. Doe May 31 Queens Supreme Highway accident caused spinal injuries, Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New $80,000 plainti claimed York, NY Siemucha v. Garrison Mar 13 Niagara Su- Car crash caused injuries of back and neck, Gregory P. Krull, Bu alo, NY of Lipsitz Green Scime Cambria LLP $70,000 preme plainti claimed Velez-Marquez v. Vazquez Sep 12 Bronx Supreme Car crash caused injuries of neck, shoulder, Je rey B. Melcer, New York, NY of Law O ces of Je rey B. Melcer, PLLC $70,000 plainti claimed Lee v. Unitech Design Inc. Sep 20 Queens Supreme Car crash caused knee, neck, shoulder Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New $70,000 injuries, plainti claimed York, NY Cruz v. Picca May 14 Su olk Supreme Chef claimed accident's e ects limit his Stephen H. Jacobson, New York, NY of Jaroslawicz & Jaros, LLC $70,000 work
54 VerdictSearch’s Top New York Verdicts of 2012 Motor Vehicle Accident: No-Fault
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Mena-Villanueva v. Ovalles Apr 25 Kings Supreme Plainti claimed she tore shoulders in Allen C. Goodman, Brooklyn, NY of Rubenstein & Rynecki $50,000 automobile accident Carlin v. Monge Jun 06 Bronx Supreme Three claimed spinal injuries from auto- C. Michelle Clemmens, New York, NY of Lipsig, Shapey, Manus & Mover- $50,000 mobile accident man, P.C. Roe v. Yuran Aug 30 Ulster Supreme Car crash caused spinal injuries, plainti Kevin C. Harp, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C. $47,000 claimed Hantour v. Wallace Jun 19 Queens Civil Car crash caused injuries of spine, shoul- Justin S. Blash, New York, NY of trial counsel, Terilli & Tintle $42,500 der, plainti claimed Montes v. Pearman Jul 12 Queens Supreme Car crash caused injuries of back, neck, Peter Ginsberg, Mineola, NY of Ginsberg & Bianco, LLP $40,000 plainti claimed Raghunauth v. LeFave Feb 03 Queens Supreme Crash caused injuries of spine, shoulder, Joseph Gusmorino, Richmond Hill, NY of Gusmorino & Marx $40,000 wrist, plainti claimed Borah v. Bogopa Enterprises Inc. Jun 22 Kings Supreme Plainti claimed auto accident caused Michael Zogala, New York, NY of Kahn, Gordon, Timko & Rodriques, P.C. $40,000 injuries of spine Parker v. Hernandez Jan 25 Bronx Supreme Tra c accident didn't cause injuries, Neil A. Zirlin, New York, NY of Joseph T. Mullen, Jr. & Associates $32,200 defense contended Dmitrieva v. Garcia Jul 24 Kings Supreme Car crash caused injuries of back, neck, Michael Schwartz, Brooklyn, NY, trial counsel to Tarasov and Associates, $32,000 plainti claimed P.C. Santorello v. Ferrizz Oct 23 Su olk Supreme Car crash caused injuries of spine, plainti Joseph B. Strassman, Rockville Centre, NY of The Law O ce of Joseph B. $25,000 claimed Strassman Marino v. Santos Jan 26 Queens Supreme Expressway accident aggravated neck Christopher R. Dean, Garden City, NY of Dell & Little, Esqs. $25,000 injury, plainti claimed Moran v. Aiello Apr 13 Queens Supreme Expressway accident caused spinal hernia- John G. Chaconas, New York, NY of Molod, Spitz & DeSantis, P.C. $25,000 tions, plainti claimed Kanagratnam v. Ali Jun 14 Queens Supreme Mother, daughter claimed car accident Edward J. Savidge, Garden City, NY of Brand Glick & Brand, P.C. $25,000 caused injuries Bazeli v. Kransno Mar 14 Queens Supreme Parkway accident caused spinal injuries, Violet E. Samuels, Rosedale, NY of Samuels & Associates, P.C. $20,000 plainti claimed Grant v. Izzo Aug 03 Schenectady Car crash caused injuries of neck, plainti Phil A. Rodriguez, Schenectady, NY of Law O ce of Phil Rodriguez $18,500 Supreme claimed Oumov v. Tsung Aug 17 Queens Supreme Automobile accident caused spinal inju- Louis S. DeSorbo, New York, NY of Louis DeSorbo, P.C. $12,000 ries, plainti claimed
Motor Vehicle Accident: Passenger
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Williams v. Overton Jul 30 Queens Supreme Vehicular crash caused injuries of back, Howard G. Frederick, New York, NY of Silbowitz, Garafola, Silbowitz, $2,939,120 knee, plainti claimed Schatz & Frederick LLP Luna v. New York City Transit Authority Jun 04 Bronx Supreme Bus's abrupt stop caused fall, passenger Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C. $1,500,000 claimed Sulaiman v. Masicott May 29 Kings Supreme Bus's passenger claimed he hurt spine in Stuart L. Finz & Todd M. Rubin, Mineola, NY of Finz & Finz P.C. $1,225,000 accident Balone v. County of Westchester Jul 17 Westchester Bus's quick start and stop caused fall, rider Steve Anduze, Yonkers, NY of Law O ces of Steve Anduze $800,000 Supreme claimed Wellington v. NYC Transit Authority Feb 28 Bronx Supreme Car crash caused by bus driver using re Christian M. McGannon, New York, NY of Budin, Reisman, Kupferberg & $600,000 lane, plainti claimed Bernstein LLP Steiner v. Dincesen Sep 12 Nassau Supreme Car crash caused concussion, lasting ef- John J. Giu re, Garden City, New York of Giu re Law O ces P.C. $550,000 fects, plainti claimed Barley v. Enbeh Apr 18 Kings Supreme Motorist ignored stop sign, caused crash, Roger V. Archibald, Brooklyn, NY of Roger V. Archibald, PC $450,000 plainti claimed Garced v. Yera Apr 11 Su olk Supreme Fatal car crash was avoidable, estate Andrew J. Fiore, Brentwood, NY of Collado, Collado & Fiore, PLLC $350,000 claimed; carrier tendered $100k o er post-verdict Jackson v. Hamilton Jan 13 Schenectady Taxi accident caused spinal injuries, fare John R. Massaroni, Schenectady, NY of Capasso & Massaroni, L.L.P. $100,000 Supreme claimed Merklen v. County of Albany Oct 17 Albany Supreme Motorist was moving too quickly in poor- David J. Ta any, Latham, NY of Anderson, Moschetti & Ta any, PLLC $80,000 visibility area, suit alleged Enden v. Cruz May 11 Queens Supreme Car crash's parties disputed status of tra c Andrew S. Cohen, Westbury, NY of trial counsel to Seth Michael Goldstein $65,000 signals
VerdictSearch’s Top New York Verdicts of 2012 55 2012 TOP VERDICTS NY
Motor Vehicle Accident: Passenger
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Bam eld v. Ramsay Oct 02 Kings Supreme Car crash due to carelessness, not third Eduard Tamma, New York, NY of Louis C. Fiabane $36,000 party, plainti claimed Melendez v. Manhattan & Bronx, Surface Transit May 25 New York Plainti fabricated claim of fall on bus, Ari Jacobson, Teaneck, NJ of Law O ces of Ari Jacobson $2,200 Operating Authority Supreme defense contended
Motor Vehicle Accident: Pedestrian
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Loja v. Lavelle Jan 27 Westchester Landscaper hit by car while unloading Jonathan Rice, Dobbs Ferry, NY of Grant and Longworth, LLP $11,192,399 Supreme trailer, lost leg Oliver v. American Cargo Express Inc. Apr 23 Bronx Supreme Man struck by van, claimed spinal injuries Patrick J. gash $7,030,008 will end career , Middle Village, NY of Mullaney & Gjelaj, PLLC, trial counsel to Law O ce of Michael T. RIdge, Bronx, NY; Mitchell Koval, Hempstead, NY of Zemsky & Salomon, P.C. Reyes v. Marketing Werks Inc. Jun 15 Queens Supreme Plainti claimed knockdown by SUV Harlan A. Wittenstein, Forest Hills, NY of Wittenstein & Associates, P.C. $6,721,102 caused brain damage Lewis v. New York City Transit Authority Feb 17 New York Bus's driver didn't notice crowd of pedes- Ronald C. Burke, New York, NY of Kelner & Kelner $5,114,000 Supreme trians, plainti claimed Fraser-Phipps v. New York City Transit Authority Mar 08 Kings Supreme Plainti claimed she was struck by bus, David L. Scher & S. Joseph Donahue, New York, NY of Block O'Toole & $2,056,656 blamed inattentive driver Murphy, LLP Kahn v. New York City Transit Authority Jul 20 New York Student hit and killed by bus; parents Denise M. Dunleavy, New York, NY of Kramer & Dunleavy, LLP $1,964,643 Supreme claimed loss of support
Quinones v. Keystone Mechanical Jun 21 New York Van's driver didn't yield right of way, Todd A. Restivo, Garden City, NY of Law O ces of Todd A. Restivo, P.C. $988,000 Supreme injured pedestrian claimed
We Handle all types of accident cases involving
serious injuries including construction accidents,
motor vehicle accidents, false arrests, premises
accidents, elevator accidents and medical Malpractice.
Our results have been 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. We have been published in New York Law Journal, NY Verdict Reporter and the National Verdict Reporter.
Nick Gjelaj 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. He has tried many cases to verdict and he has recovered over $150,000,000 for his clients. 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. Nick was recently named a Super Lawyer for 2013.
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.
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56 VerdictSearch’s Top New York Verdicts of 2012 Give Your Firm A Professional Advantage
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Motor Vehicle Accident: Pedestrian
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Melo v. D & L Ambulette Inc. Nov 09 Bronx Supreme Good recovery by woman hit by van, Tina M. Wells, New York, NY of Trolman, Glaser & Lichtman, P.C. $905,000 defense contended
Estate of Fernandez v. De Jesus Apr 11 New York Inattentive bus driver struck and killed Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C. $800,000 Supreme pedestrian, suit alleged
Himes v. Macaulay Sep 24 Warren Supreme Motorist didn't heed unmarked crosswalk, Lee Greenstein, Delmar, NY of O ce of Lee D. Greenstein $769,000 plainti claimed
Estate of Valli v. New York City Transit Authority Nov 09 New York Bus's driver didn't yield at crosswalk, suit Ronald C. Burke, New York, NY of Kelner & Kelner $750,000 Supreme alleged
Novacenko v. Nathanson Feb 16 Bronx Supreme Motorist claimed woman ran into his Robert D. Becker, New York, NY of Becker & D'Agostino, P.C. $684,400 vehicle's path Melnic v. Mizrahi May 31 Kings Supreme Driver didn't yield right of way, injured Richard R. Mogg, Brooklyn, NY of New York, NY, trial counsel to Frekhtman $350,000 pedestrian claimed & Associates
Gordon v. Frazier May 30 Kings Supreme Plainti claimed SUV's driver backed out of Adam H. Rossol, New York, NY of Robinson & Yablon, P.C. $350,000 driveway, hit her
Alvarez v. Beltran Oct 18 Bronx Supreme Man hit by van, blamed driver error and Christopher J. Donadio, New York, NY of Burns & Harris $325,000 badly parked car
Britten v. Santana May 16 Kings Supreme Skateboarder, motorist traded blame for Eric H. Green, New York, NY of The Law O ces of Eric H. Green $320,000 collision
Silver v. Schroettner Nov 21 Su olk Supreme Man hit by car, claimed injuries of back Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $300,000 and neck
Zhang v. Leung Oct 26 Queens Supreme Woman hit by car sustained more than a Daniel S. Berke, New York, NY of of counsel, Caesar & Napoli $250,000 dozen fractures
Khan v. Vortex Hacking Corp. Jun 01 Queens Supreme Cabbie didn't look before reversing, Thomas J. Foley, Garden City, NY of Foley Gri n, LLP trial counsel to Wit- $220,000 injured man claimed tenstein & Wittenstein, Forest Hills, NY
Viruet v. City of Yonkers May 24 Westchester Policeman drove onto sidewalk, struck Richard M. Holzberg, New York, NY of Holzberg & Associates $197,000 Supreme pedestrian
Capdeville v. Hi Teck Autos Aug 09 Kings Supreme Singer claimed she can't perform since Robert W. Margulies, New York, NY of Drabkin & Margulies $175,000 being hit by car
Lopez v. DeCoteau Mar 14 New York Plainti claimed he was hit by van on David N. Kittredge, New York, NY of LaRocca Hornik Rosen Greenberg $150,000 Supreme sidewalk Blaha
Hasan v. State Farm Insurance Co. Sep 13 American Claimant alleged driver veered onto Evan M. Foulke, Goshen, NY of Foulke Law O ces $100,000 Arbitration As- sidewalk and struck her sociation Dacosta v. Drummond May 10 Kings Supreme Driver was moving too fast in snowy condi- Adam Handler, New York, NY of Law O ces of Spar & Bernstein $100,000 tions, suit alleged
Um v. Nicoll Feb 01 Queens Supreme Plainti claimed she was struck by inat- Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New $100,000 tentive motorist York, NY
Iglesias v. Guarino Jul 05 Erie Supreme Turning motorist didn't yield, injured Rafael O. Gomez, Bu alo, NY of LoTempio & Brown P.C. $75,000 pedestrian claimed
Jiao v. Wang Jun 25 Queens Supreme Scooter's operator not cautious, injured Dov Medinets, New York, NY of Ginsberg & Wolf, P.C. $60,000 pedestrian claimed
Bove v. Singh May 16 Queens Supreme Tra c-control o cer was struck by turning Robert Dembia, New York, NY of Robert Dembia, P.C. $45,000 vehicle
Bernard v. Greer Aug 07 Su olk Supreme Good Samaritan struck by car while aiding Rand P. Schwartz, Massapequa Park, NY of Rand P. Schwartz, Esq. $30,000 stranded motorist
Benitez v. McIntyre Aug 15 Bronx Supreme Man struck by car, claimed driver was Chikodi Emerenini, Forest Hills, NY of Mitchell & Incantalupo $25,000 rushing home
58 VerdictSearch’s Top New York Verdicts of 2012 Motor Vehicle Accident: Pedestrian
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Salta v. Chen May 30 Kings Civil Motorist could have avoided striking boy, John Elefterakis, New York, NY of Elefterakis & Elefterakis $25,000 suit alleged McArn v. Motor Vehicle Accident Indemni cation Jun 07 Bronx Supreme Plainti claimed hit-and-run driver ran Steven D. Ateshoglou, New York, NY of Ateshoglou & Aiello, P.C. $25,000 Corp. over his foot Lorenzi v. Salazar Feb 29 Kings Supreme Turning driver didn't yield, injured pedes- Michael J. Mingino, New York, NY of Subin & Associates, LLP $18,750 trian claimed
Motor Vehicle Accident: Rear End Collision
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Evangelista v. Kevan Jun 08 Westchester Motorist not mindful of ooded road, Christina M. Killerlane & James J. Killerlane, White Plains, NY of Killerlane $2,665,000 Supreme plainti claimed Law O ces
Monette v. Trummer Sep 21 Cattaraugus Car crash caused disabling spinal injuries, Je rey A. Black, Olean, NY of Dwyer, Black & Lyle, LLP $1,294,500 Supreme plainti claimed
Cicola v. County of Su olk Apr 25 Su olk Supreme Car crash led to two fusions of spine, Scott J. Zlotolow , Sayville, NY of Zlotolow & Associates, Sayville, NY, trial $1,025,000 plainti claimed counsel to Anthony J. Licatesi & Jennifer M. Spina, Garden City, NY of Rubin & Licatesi, P.C. Grimsley v. Perez Oct 24 Nassau Supreme Plainti claimed car crash caused dis- Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $958,000 abling neurological pain
Scaplehorn v. New York Central Mutual Insur- Jun 04 American Car crash caused spinal injuries, claimant Christina M. Killerlane, White Plains, NY of Killerlane Law O ces $500,000 ance Co. Arbitration As- contended sociation Espinoza v. Flynn Mar 13 Queens Supreme Motorist's abrupt stop led to accident, Frederick C. Aranki, New York, NY of Block O'Toole & Murphy, LLP $375,000 defense contended Ascencio v. Alle Processing Corp. Aug 01 Kings Supreme Car crash caused back and shoulder inju- Robert Rosenberg, Bronx, NY of Koenigsberg & Associates P.C. $278,000 ries, plainti claimed Franco v. Beers Mar 26 Queens Supreme Plainti claimed tra c accident caused Jason Herbert, New York, NY of Krentsel & Guzman, LLP $250,000 disabling knee injury Steele v. Pierret Apr 05 Bronx Supreme Tra c accident caused injuries of spine, Robin J. Willner, New York, NY of Douglas & London, P.C. $200,000 plainti claimed Winnicki v. Crowley Mar 22 Monroe Supreme Motorist too slow to stop on wet road, Peter T. Rodgers, Rochester, NY of Lacy, Katzen, Ryen & Mittleman, LLP $175,000 plainti claimed Damato v. Action Pipe Cleaning Inc. Apr 03 Queens Civil Car crash caused spinal woes, foot weak- Christopher R. Dean, Bohemia, NY of Dell, Little, Trovato & Vecere LLP $150,000 ness, plainti claimed
Carter v. Cabness May 09 Bronx Supreme Tra c accident caused knee, neck injuries, Steven Goldstein, New York, NY of Goldstein & Handwerker $140,000 plainti claimed Kim v. Kosso Mar 08 Queens Supreme Three-car crash caused injuries of back, Brian P. Hurley, New York, NY of Kelner & Kelner $100,000 knee, plainti claimed Toro v. Lin Jul 31 Kings Supreme Car crash caused injuries of neck, plainti Hiram Anthony Raldiris, New York, NY of Law O ces of Eric H. Green $90,000 claimed
Corsello v. Geldwerth Mar 13 Kings Supreme Driver too slow to respond to emergency, Bruce J. Cheri , Mount Kisco, NY of Cheri & Fink, P.C. $80,000 plainti claimed Magassouba v. Erhunmwunse Mar 01 Bronx Supreme Car crash caused spinal injuries, plainti Matthew A. Schroeder, New York, NY of The Law O ces of Alvin M. Bern- $50,000 claimed stone, LLP
Steward v. Baker Apr 23 Columbia Three-car crash caused shoulder injury, Michael C. Howard, Hudson, NY of Michael C. Howard, Esq., P.C. $35,000 Supreme plainti claimed
Cha v. JDM Contracting LLC Jun 26 Queens Supreme Multi-car crash caused injuries of shoulder, Leonard B. Chipkin, Garden City, NY of Sackstein, Sackstein & Lee, LLP $30,000 plainti claimed Forget v. Mattice Jun 21 Albany Supreme Intoxicated driver caused multi-car crash, George L. Sarachan, Albany, NY of Rosenblum, Ronan, Kessler & Sarachan $29,000 plainti s claimed Karbownik v. Botros Jun 12 Queens Civil Automobile accident caused spinal inju- Dan Mesterman, New York, NY of Mesterman Law, P.L.L.C. $20,000 ries, plainti claimed Mejia v. Delgado Oct 02 Bronx Supreme Tra c accident caused tear of shoulder, Yana Rubin, New York, NY of Law O ce of Yana Rubin, LLC $5,000 plainti claimed
VerdictSearch’s Top New York Verdicts of 2012 59 2012 TOP VERDICTS NY
Motor Vehicle Accident: Stop Sign
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Jordan v. Port Authority of NY and NJ May 24 Kings Supreme Motorist ignored stop sign, caused crash, Everett J. Petersson & Michael Serpico, Brooklyn, NY of Everett J. $2,580,000 plainti claimed Petersson, P.C., trial counsel to Robert Washuta, New York, NY of Robert Washuta, P.C. Deas v. Raci Jun 26 Bronx Supreme Car crash caused spinal injuries, plainti Bonnie Knel, Mount Vernon, NY of Weisman & Calderon LLP $150,000 claimed
Isaac v. Flatlands Transport Jun 21 Kings Supreme Vehicular accident forced retirement, Peter S. Gordon, Forest Hills, NY of Gordon & Gordon $150,000 postal clerk claimed
Conte v. Wroblewski Oct 02 Queens Supreme Motorist disregarded stop sign, caused Stuart M. Risso , Garden City, NY of Law O ces of Stuart M. Risso $98,000 crash, plainti claimed
Cron v. Parga Jun 06 Broome Supreme Motorist not mindful of recurrent hazard, Victoria Lieb Lightcap, Liverpool, NY of Finkelstein & Partners LLP $80,000 plainti claimed
Platel v. Seldon May 31 Rockland Motorist ignored stop sign, caused crash, Justin S. Blash, New York, NY of The Blash Firm, PLLC, trial counsel to $70,000 Supreme plainti claimed Neimark & Neimark LLP, New City, NY
Badalov v. Schlossberg Apr 23 Queens Supreme Motorist ignored stop sign, caused crash, Violet E. Samuels, Rosedale, NY of Samuels & Associates, P.C. $60,000 plainti s claimed
Pinard v. Phillips May 10 Kings Supreme Driver ignored stop sign, caused crash, David E. Thomas, New York, NY of trial counsel, Harmon Linder & Rogowsky $35,000 plainti claimed
Buonviaggio v. McKeon Jan 20 Richmond Motorist ignored stop sign, caused crash, Richard J. Zeitler, Jr., Staten Island, NY of Chelli & Bush $10,835 Supreme plainti claimed
Motor Vehicle Accident: Roadway Defects
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Zouaoui v. State of New York Jul 27 Court of Claims, State ignored road's recurrent icy condi- Daniel P. O'Toole, Robyn Brazzil (damages) & Nick Gjelaj (liability), New $20,181,484 White Plains tions, claimant alleged York, NY of Block, O'Toole & Murphy, LLP
Perretti v. City of New York Mar 08 Kings Supreme Paving work created a hazard, plainti Robert P. Kelly, New York, NY of Kelly & Rubin, L.L.P. $329,000 claimed
Sutherland v. City of New York Feb 06 Bronx Supreme Sloppy roadwork created tripping hazard, Christopher J. Donadio, New York, NY of Burns & Harris $150,000 plainti claimed
Concha v. City of New York Feb 02 New York City ignored reports of pothole, plainti Adam Handler, New York, NY of Law O ces of Spar & Bernstein $116,000 Supreme claimed
Calisto v. Cantazaro Mar 16 Nassau Supreme Homemaker claimed parkway accident Joel A. Horowitz, New York, NY of Burns & Harris $80,000 caused disabling injury
Motor Vehicle Accident: Public Transportation
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Johnson v. NYCTA Jun 14 Bronx Supreme Train's conductor too quick to close doors, Lucille M. Barbato, Bronx, NY of Spiegel & Barbato $2,328,000 rider claimed
Wharton v. New York City Transit Authority Mar 19 New York Subway platform too far from train's door, Chana Sklar Israel & Robert C. Lipsky, Spring Valley, NY of Israel & Lipsky $210,000 Supreme plainti claimed
Shimano v. New York City Transit Authority May 23 New York Plainti claimed she was trapped and Samuel Katz, New York, NY of Samuel Katz Attorney at Law $155,000 Supreme injured by bus's closing door
Soto v. NYCTA Aug 17 Bronx Supreme Bus's passenger claimed she was dis- Lester R. Hill, Jr., New York, NY, trial counsel to Richard J. Katz, L.L.P. $100,000 charged in dangerous spot
60 VerdictSearch’s Top New York Verdicts of 2012 TOP 2012 NEW YORK VERDICTS BY CATEGORY Premise Liability Premise Liability: Dangerous Condition Premise Liability: Inadequate Security/Supervision Premise Liability: Negligent Repair/Maintenance Premise Liability: Sidewalk Defects 2012 TOP VERDICTS NY
Premises Liability: Dangerous Condition
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Doino v. Gudema Sep 25 Su olk Supreme Dangerous Condition: Loft's shaky ladder a Anthony Ciaccio, Ronkonkoma, NY of Gruenberg Kelly Della $1,000,000 hazard, plainti claimed
Delano v. United States of America Mar 12 U.S. District Dangerous Condition: Postal facility's load- J. Michael Hayes, Bu alo, NY of Law O ces of J. Michael Hayes $780,114 Court, WDNY ing dock dangerously low, suit alleged
Sullivan v. Lichtenstein Feb 28 Rockland Dangerous Condition: Residence's path un- Frank V. Kelly, Bronx, NY of William A. Gallina, PLLC $500,000 Supreme lighted and dangerous, plainti claimed
Sharobim v. Kings Corner Mini Mart, Inc Mar 23 Kings Supreme Dangerous Condition: Store's open trap- Seth M. Katz, Brooklyn, NY of Law O ces of William Pager $93,000 door a hazard, customer claimed
Premises Liability: Inadequate Security/Supervision
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Brown v. Wilson Farms Inc Mar 09 Monroe Supreme Inadequate Security: Convenience store a Joseph Cote, Syracuse, NY of Cote Limpert & Van Dyke $3,380,000 target for crime, injured guard claimed
Premises Liability: Negligent Repair/Maintenance
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Minardi v. JetBlue Airways Corp. Mar 06 Queens Supreme Fall caused ankle, knee, shoulder injuries, Dino J. Domina, Hauppauge, NY $3,750,000 plainti claimed
Zimmerman v. 157 East 57th Street, L.L.C. Feb 28 New York Apartment not in move-in condition, ten- Jay W. Dankner , New York, NY of Dankner & Milstein, P.C., New York, NY, $3,627,080 Supreme ant claimed trial counsel to Richard Ashman, New York, NY of Michelstein & Greenberg, LLP Padilla v. City of New York Mar 27 Bronx Supreme Skate park's ramp poorly maintained, Joshua D. Kelner, New York, NY of Kelner & Kelner $3,400,000 injured boy claimed
Cancel v. Alpert Contracting & Maintenance Inc. Feb 29 Bronx Supreme Building's damaged stairway a hazard, Joseph Gorczyca, Jericho, NY of Schwartzapfel Partners P.C. $2,642,000 plainti claimed
Telsaint v. City of New York Apr 02 Kings Supreme City didn't address icy sidewalk, plainti Robert C. Rosenberg, Brooklyn, NY of Hill, Rosenberg & Thurston, Brook- $2,250,000 claimed lyn, NY, trial counsel to Koenigsberg & Associates
Sprague v. Profoods Restaurant Supply, LLC Mar 20 Bronx Supreme Warehouse's operator didn't check icy Robert J. Bellinson, New York, NY of Wingate, Russotti & Shapiro, LLP $1,750,000 parking lot, suit alleged
Robinson v. New York City Transit Authority Aug 02 New York Manhole's recessed cover a hazard, plain- Steven C. Pepperman, New York, NY of of counsel, Weiss & Rosenbloom, $1,438,648 Supreme ti alleged P.C.
Bongiovi v. City of New York Jul 12 Queens Supreme Garage's greasy puddle a hazard, sanita- Je rey A. Guzman, New York, NY of Krentsel & Guzman LLP $990,000 tion worker claimed
Pilgrim v. Wilson Flat Inc. Jan 31 Kings Supreme Building's damaged steps an icy hazard, Seth A. Harris & Blake Goldfarb, New York, NY of Burns & Harris $805,000 plainti alleged
Hogan v. Grossman May 17 Westchester Homeowners didn't address icy entrance, Christina M. Killerlane, White Plains, NY of Killerlane Law O ces $755,000 Supreme visitor alleged
Flaherty v. 97 Realty NY, LLC Jun 26 Kings Supreme Landlord ignored regurgitating bathtub, Blake Goldfarb & Seth A. Harris, New York, NY of Burns & Harris $670,000 tenant alleged
Ginzburg v. NYCTA Mar 22 New York Power-washing left puddle in subway Thomas J. Cappello & Robert A. Sgarlato, Staten Island, NY of Slater, $616,390 Supreme station, plainti claimed Sgarlato & Capello, P.C.
Cruz v. Bronx Leb. Hosp. Center Sep 07 Bronx Supreme Basketball court's oor damaged and Christopher J. Donadio, New York, NY of Burns & Harris $570,000 dangerous, plainti claimed
Grace v. City of New York Aug 03 Bronx Supreme Damaged oor tiles a hazard, subway sta- Mitchell D. Frankel, New York, NY of Sussman & Frankel, LLP $522,000 tion's patron claimed
62 VerdictSearch’s Top New York Verdicts of 2012 Premises Liability: Negligent Repair/Maintenance
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Simmons v. N.Y.C.T.A. Apr 20 Bronx Supreme Subway station's patron claimed he Richard K. Hershman, New York, NY, of Richard K. Hershman P.L.L.C. $500,000 tripped on chipped step Wilkowski v. New York City Transit Authority Apr 10 New York Sloppy workers created hazard on side- Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C. $491,800 Supreme walk, plainti claimed Vicens v. 3155 Concourse Associates, LLC. Aug 07 Bronx Supreme Sloppy mopping job led to accident, Raymond Gazer, Bronx, NY of Getz & Braverman, P.C. $462,000 plainti claimed Ivanova v. City of New York Jun 20 New York Subway station's stairs a hazard, plainti Shareef Rabaa, New York, NY of Weitz & Luxenberg, P.C. $450,000 Supreme claimed
Fragaso v. Parapi Jun 12 Queens Supreme Apartment building's tenant tore Achilles Andrew M. Laskin, New York, NY of Robinson & Yablon, PC $425,000 tendon in fall on stairs
Ingleton v. 1229-1273 Realty, LLC Oct 23 Bronx Supreme Faulty window permanently damaged Christopher A. Marothy, Bronx, NY of Dubow, Smith & Marothy, Bronx, NY, $350,000 ngers, plainti claimed trial counsel to Seth Michael Goldstein, Fresh Meadows, NY
Harden v. No. 1 Times Square Development, LLC Aug 02 New York Elevator's free fall caused fracture of hip, Joseph G. Macaluso, Bronx, NY of Macaluso & Fa nski, P.C. $327,009 Supreme passenger claimed
Papa v. Tara Close Apartment, Corp. Oct 10 Bronx Supreme Landlord didn't clear icy parking lot, ten- James Marino, White Plains, NY of Lever & Stolzenberg, LLP $194,414 ant claimed Ray v. M.T.A. Jun 27 Bronx Supreme Subway station's cracked, messy oor a Christopher J. Donadio, New York, NY of Burns & Harris $143,000 hazard, suit alleged
Rodriguez v. Roman Mar 09 Queens Supreme Building's entryway steps were too nar- Anthony J. Emanuel, Garden City, NY of Bornstein & Emanuel, P.C. $100,000 row, tenant claimed Reimold v. Walden Terrace Inc. Feb 01 Queens Supreme Landlord ignored clogged pipe, tenant Edward S. Bosek, Carle Place, NY of trial counsel to Seiden and Kaufman, $100,000 claimed P.C.
Clemmons v. N.Y.C.T.A. Dec 14 Bronx Supreme Subway station's stairway a hazard, patron Christopher J. Donadio, New York, NY of Burns & Harris $71,000 alleged
Vincent v. Landi Sep 07 Franklin Restaurant's owner ignored icy hazard, John J. Muldowney, Malone, NY of Fischer, Bessette & Muldowney, L.L.P. $52,526 Supreme patron claimed Sciortino v. Webster Asphalt and Sealing Inc. May 09 Monroe Supreme Truck re caused by shoddy repair, plain- Christopher S. Ciaccio, Rochester, NY of Law O ce of Christopher S. Ciaccio, $50,000 ti claimed Esq.
Fonseca v. Misra Sep 12 Dutchess Landlords didn't clear steps after snow- Paul J. Goldstein, Poughkeepsie, NY of Goldstein & Goldstein, Esqs. $34,797 Supreme storm, tenant claimed
Loconsole v. Loconsole Feb 21 Kings Supreme Son should have avoided damaged steps, Adam Kaufman, New York, NY of Dankner & Milstein, P.C. $26,400 parents claimed
DiBenedetto v. Kenny & Dittrich LLC Mar 06 Richmond Resort's guest cut by pipe while stepping Kathleen E. Beatty, New York, NY of Leav & Steinberg LLP $18,100 Supreme o boat
Premises Liability: Sidewalk Defects
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Mata v. City of New York Sep 26 Bronx Supreme Crosswalk's damaged surface a hazard, Je rey A. Guzman, New York, NY of Krentsel & Guzman LLP $5,700,000 plainti claimed
Overton v. Blasse Jul 24 Kings Supreme Building's owner ignored hole in sidewalk, Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & $575,000 plainti claimed Brown
Khaimova v. City of NY Oct 24 Kings Supreme Sidewalk's loose bricks a hazard, plainti Seth M. Katz, Brooklyn, NY of Law O ces of William Pager $307,000 claimed
Mitchell v. City of New York Dec 20 Bronx Supreme Plainti tripped over sidewalk, sustained Andrea V. Borden, New York, NY of Burns & Harris $300,000 fracture
Cohen v. Town of North Hempstead Apr 25 Nassau Supreme Town ignored broken sidewalk, plainti Peter Ginsberg, Mineola, NY of Ginsberg & Bianco, LLP $236,000 claimed
VerdictSearch’s Top New York Verdicts of 2012 63 Network with Develop new business Get to know General Access vital business influencers efficiently, using active records of Counsel before you development utilizing contact each corporation’s top- even meet them information from a information for choice, go-to law firms with biographical single, searchable, General Counsel, as for outside counsel information such as easy-to-use tool well as department- industry expertise, head contacts education, law firm experience and more
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VerdictSearch’s Top New York Verdicts of 2012 65 2012 TOP VERDICTS NY
Product Liability
CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Davids v. Novartis Pharmaceuticals Corp. Nov 02 U.S. District Design Defect: Drug caused osteonecrosis John J. Vecchione , Fairfax, VA of Valad & Vecchione, PLLC; John J. Beins, $10,450,000 Court, EDNY ofFocus jaw, plainti claimed in On Chevy Chase, MD of Beins, Goldberg & Hennessey, LLP
Alexander v. Dunlop Tire Corp. Apr 04 Broome Supreme Manufacturing Defect: High-speed tire Terrence E. McCartney & Michael L. Ihrig, II, New York, NY of Rheingold, $4,346,033 separationYour caused crash,Firm’s plainti s claimed Valet, Rheingold, McCartney & Giu ra LLP; Edward G. Bailey, Douglaston, NY of Bailey & Sherman, P.C.; Simcha D. Schonfeld, New York, NY of Koss & Schonfeld, LLP
Suttner v. A.W. Chesterton Co. Oct 23 Erie Supreme Failure to Warn: Valves' asbestos caused Joseph T. Kremer & Michael A. Ponterio, Bu alo, NY of Lipsitz & Ponterio, $3,000,000 mesothelioma, suit alleged LLC; Perry J. Browder & Myles L. Epperson, Alton, IL of The Simmons Firm
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He did it again. Mr. Wigdor has now appeared in New York’s Top Verdicts five times in the last eight years. For 2012, Mr. Wigdor obtained the number one disability discrimination verdict and the number four employment verdict. This follows Mr. Wigdor’s 2011 verdict of $23 million which was the number one employment verdict and three other Top Verdicts since 2005 totaling over $20 million.
Mr. Wigdor’s consistent trial and arbitration verdicts have led him to become the go-to employment litigator in New York. His abilities in the courtroom have led to thousands of successful settlements in the hundreds of millions of dollars. Mr. Wigdor has been selected for inclusion in The Best Lawyers in America and is AV “Preeminent” rated by Martindale-Hubbell. Mr. Wigdor has also been given the highest rating, a 10.0 (superb), by Avvo, a well respected lawyer rating agency.
Mr. Wigdor’s handling of numerous high profile cases has resulted in frequent appearances on national television and being quoted in world-wide publications. Mr. Wigdor is also a lecturer, editor and author of articles on employment related subjects, having been quoted frequently in the New York Law Journal, presenting lectures to various organizations and publishing articles in numerous journals.
Unparalleled dedication, commitment, and integrity.™