OUR CASES

 

$5,000,000.00 Medical Malpractice Settlement In this tragic case our client's cancer was missed by the radiologists at a large Bronx hospital. As a result of the failure to detect an obvious and treatable cancer, there was more than a year delay in treatment and our client died. Our client left a husband and three children. The settlement will help our client's husband raise their children.

 

$3,500,000.00 Product Liability Settlement Our client was a 29 year-old mechanic who was burned over 40% of his body when a portable oil transfer tank exploded. The tank contained an improper spark-generating electric pump supplied by defendant, SCC Pumps. Unbelievably, the tank displayed no warnings, or writing of any kind, to inform mechanics that the tank was supposed to be used for motor oil only. As a result, our client had no reason to know that it was dangerous to use the tank to transfer diesel contaminated gasoline that he had drained from a truck tank. Our client’s burns were so severe that he was placed in a medically-induced coma to reduce his pain. The defendants only settled the case after we defeated their motion for summary December
23, 2019 judgment and the judge ruled that the case should go to trial. The judge’s decision was so significant that it was reported in the newspaper. We were able to place part of our client’s settlement in a tax free annuity so that, in addition to a lump sum payment, he will receive monthly tax free payments for the rest of his life. As is customary in our handling of cases of this magnitude, we consulted with several experts including: a retired professor of engineering from the Massachusetts Institute of Technology (the foremost engineering school in the United States); a Professor of Economics; an occupational rehabilitation specialist; a clinical psychologist; and a medical doctor who specializes in the treatment of burn victims.

 

$2,750,000.00 Settlement In Motor Vehicle Accident Case. While driving his car on the Whitestone Bridge, our client, was sideswiped by the defendants’ 35,000 pound box truck. The impact of the truck our clients car to roll over trapping our client and crushing his left arm. While he was in the hospital intensive care unit, our client was approached by “investigators” who claimed to work for lawyers. The “investigators” wanted him to “sign up” with other law firms. Our client knew our firm because we had successfully represented his wife in a prior matter, and he rejected the “investigators’” illegal solicitations.

 

$2,500,000.00 Settlement In Motor Vehicle Accident Case Our 21 year old client sustained a severe de-vascularizing crush injury to his left leg, with an extensive orthopedic component, when he was struck by defendants’ vehicle after he got out to push his van which had broken down on the Verrazano Bridge. The defendant driver claimed that he was forced out of his lane by a “phantom” vehicle that made a sudden, improper, lane change. However, later, when we deposed the defendant driver, he testified that he was following closely behind a tractor-trailer truck and, when the tractor trailer truck came to a sudden stop, he was too close to the truck to stop in time and swung out of lane striking our client. As part of the tremendous amount of work that we did on this case, we conducted non-party depositions of the police sergeant who was at the scene of the accident and the manager of the Verrazano bridge. We also consulted with an accident reconstruction specialist with a Ph.D. in engineering, an economist, and doctors specializing in vascular and orthopedic surgery. Finally, it is interesting to note that our client retained us after his original attorneys urged him to settle for $100,000.00.

 

$2,300,000.00 Motorcycle Accident Case in Delaware County We recently obtained a $2,300,000.00 personal injury settlement in a case we brought in rural Delaware County in upstate New York.  We believe that this is one of the largest settlements ever obtained in a personal injury case in Delaware County.  This settlement was in the top 10 for the entire Northeast United States in 2020. Our client was injured in a motorcycle accident when the defendant car driver made a left turn across a double yellow line and drove into our client who was thrown off his motorcycle. We started a lawsuit and demanded that the defendants, the driver and the owner of the car, disclose their insurance policies to us. Their lawyers sent information showing that there was $300,000.00 in coverage. Based on where the driver lived, we knew that this information was wrong. We insisted that the defendants' lawyers provide us with further insurance information. The defense lawyers were able to find out there was an additional $1,000,000.00 in coverage for a total of $1,300,000.00. We knew this still wasn't right.  After reading all the fine print in the insurance agreements we realized there could still be another insurance policy that the defendants were not telling us about. We forced the defendants' lawyers to give us information about the other insurance policy which had another $1,000,000.00 in coverage from Allstate. When we contacted Allstate they told us that the insurance did not apply and they would not "cover" the claim.  We knew they were wrong.  We started a second, separate, lawsuit against Allstate to get a judge to declare that the Allstate insurance applied.  This kind of case against an insurance carrier is called a "declaratory" action.  After we issued subpoenas and discovery demands to Allstate's lawyers, Allstate gave up and conceded that its $1,000,000.00 applied to the case.  Allstate then offered their $1,000,000.00 policy, making a total of $2,300,000.00. Most lawyers would not have even known that the Allstate insurance coverage existed. We found the Allstate coverage because we have many years of experience, including experience bringing specialized "declaratory action" cases against insurance companies.

 

$2,000,000.00 Settlement In Foster Care Abuse Case This Federal Law Civil Rights case was brought on behalf of a brother and sister who were abused by foster parents while in the custody of the City of New York and a private Foster Care Agency. The defendants asked the judge to throw the case out as a matter of law (grant summary judgment) and the judge refused. The case then settled in a private mediation.

 

$1,500,000.00 Elevator Accident Case Settlement Our client tripped and fell while she was exiting an elevator that stopped an inch and a half below the floor level. As a result she had to have two back surgeries and she retired earlier than planned. We were able to take the deposition of a witness who saw our client on the floor immediately after she fell, looked in the elevator, and saw that it was below floor level. The New York City Building Code requires that elevators be no more than one half inch below floor level. People who use elevators assume that they level safely. Failing to level safely is called a "misleveling" condition and is incredibly dangerous.Bringing this case to a successful conclusion required the kind of technical expertise that our firm excels in. We were able to get the defendant elevator company's technician to concede that there were multiple service calls related to problems with the photoelectric leveling system before our client was injured. After presenting the case at a formal mediation we were able to settle our client's case for $1,500,000.00

 

$1,200,000.00 Settlement In Construction Site Scaffold Case Our client, a female construction worker, was injured when she fell from a defective rolling scaffold. She suffered an injury to her lower back that required spine surgery. We were able to settle this matter in a mediation on the eve of trial.

 

$1,050,000.00 Construction Site Accident Our client, a union laborer, was seriously injured when a large length of pipe fell on him at a construction site. He required an open surgery to his right shoulder and arthroscopic surgery to his right knee. The case settled after we were able to locate a witness and an economist calculated our client’s economic damages.

 

$800,000.00 Motor Vehicle Accident Settlement Our client was knocked down by an ambulette while she was in the course of her employment. She suffered knee and shoulder injuries that required surgery and traumatic amnesia. While her case was on the trial calendar we were able to settle it for most of the available insurance.

 

$675,000.00 Result in Police Brutality Case This police brutality case was tried to verdict. Out client’s shoulder was injured when an arresting officer lifted him up from behind by his arms while he was in handcuffs. Our client required surgery. The total value of the result, including legal fees awarded under the Federal Civil Rights law was $675,000.00.

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