Category Archives:Case Success Stories

We fight until the injury victim gets the settlement or verdict that he/she deserves. Read more about these cases which Morrison & Wagner successfully resolved.

$ 4.5 Million Settlement - Premises Liability - Hole in Kitchen Floor Not Repaired

New York — A 38-year-old hospital cashier was in the apartment that she rented in the Bronx. While bringing a large saucepan to the sink in the kitchen, she stepped in an oval-shaped hole in the floor, causing her to trip and fall. As she fell, the woman spilled the boiling hot contents of the pan on herself, resulting in burn injuries in 18% of her body. The victim sued for damages that she suffered due to the accident injuries after consulting with the injury lawyers at Morrison & Wagner. The woman alleged that the defendants were negligent in their maintenance of the apartment and that their negligence created a dangerous condition. Justice prevailed and they reached a $4,580,000 settlement for the trip and fall victim.

Illustrative Photo by Chris Sampson [License]

— — —

Hole in kitchen floor not timely repaired, tenant alleged (VerdictSearch)

Settlement Amount: $4,580,000

— — —

Court: Bronx Supreme, Bronx County, New York

Injury Type(s): arm; arm-scar and/or disfigurement; leg; leg-scar and/or disfigurement; leg
burns-third degree; other-scar and/or disfigurement; surgeries/treatment-skin graft

Case Type: Premises Liability – Apartment, Trip and Fall, Tenant’s Injury, Dangerous Condition, Negligent Repair and/or Maintenance

Date: January 4, 2007

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY
Eric H. Morrison; Morrison & Wagner; New York, NY

— — —

Facts:

On May 1, 2001, the plaintiff, 38, a hospital’s cashier, was in the apartment that she rented from Natasha and Hardial Singh and David and Surojni Farnum, at East 175th Street, in the Bronx. While the woman was bringing a large saucepan to the sink in the kitchen, she stepped in an oval-shaped hole in the floor, causing her to trip and fall. As she fell, the plaintiff spilled the boiling hot contents of the pan on herself, resulting in burns of her 18% of her body.

The accident victim and her family thought that she was a lawful tenant of the Singhs and Farnums. However, Wells Fargo Home Mortgage Inc. had acquired ownership of the property at a foreclosure sale on April 12, 2001, as a result of the Singhs’ and Farnums’ delinquency on their mortgage payments. No one notified the woman of the foreclosure until she received a notice of eviction from Wells Fargo two days after her accident.

The plaintiff sued Norwest Mortgage Inc., which was the original mortgagor before being acquired by Wells Fargo; the court-appointed receiver who received the property during the foreclosure action; the Singhs; and the Farnums. The injury victim alleged that the defendants were negligent in their maintenance of the apartment and that their negligence created a dangerous condition.

Wells Fargo commenced a third-party action against Mortgage Contracting Services. It alleged that it hired Mortgage Contracting Services to perform monthly inspections of the property and that Mortgage Contracting Services was at least partially responsible.

Mortgage Contracting Services commenced a second third-party action against Quantum FACS Inc., Caretaker Properties Co. and Red Hawk Properties. Mortgage Contracting Services alleged that it hired the third-party defendants to perform interior repairs on the property and that they failed to do so.

Caretaker Properties failed to appear at trial, and a default judgment was entered. The court-appointed receiver was dismissed via pretrial summary judgment because it was determined that she had no management duties for the property. The matter continued against the remaining defendants.

The plaintiff claimed that the defendants failed to repair the hole in her floor. She contended that the defendants had known of the problems with the kitchen because the City of New York’s Department of Housing Preservation and Development had regularly cited the Singhs and Farnums for code violations for hazardous disrepair to the premises, including her kitchen. She also contended that when employees from Quantum FACS and Red Hawk Properties had come by to perform repairs, she informed an inspector of the problems with her kitchen. The woman claimed that the original owners were negligent because they continued to falsely represent themselves as the owner of record and accept her rental payments. She also claimed that Wells Fargo was negligent because it was the true property owner.

The injured woman’s counsel claimed that he discovered that Wells Fargo had been penalized by the Department of Housing and Urban Development for failing to complete the foreclosure action within the time requirements of federal law.

The Singhs and Farnums contended that Wells Fargo’s acquisition at foreclosure six weeks before the woman’s accident relieved them of any subsequent liability for open and obvious defects of the premises. They further claimed that Mr. Farnum had abandoned the property shortly after the plaintiff’s family moved in and that his wife moved out one month before the accident. They moved to be let out of the case on summary judgment.

Wells Fargo contended that, as an out-of-possession owner, it had neither actual nor constructive notice, especially since it had never physically entered the premises. It alleged that Mortgage Contracting Services was responsible for any problems with the property because Mortgage Contracting Services was hired to inspect it. It also denied that it ever had contact or communication with anyone still living at the property. Wells Fargo also moved to be let out on summary judgment.

Mortgage Contracting Services asserted that its contractual responsibility to Wells Fargo was only to inspect the property from the outside and not to actually go inside or effect repairs. It also contended that it had reported to Wells Fargo that the building was occupied, but in disrepair and had hired Quantum FACS and Red Hawk Properties to do repairs that might need to be done, making them contractually indemnified. It also moved to be let out on summary judgment.

The court denied all motions for summary judgment.

Injury:

The plaintiff sustained third-degree burns throughout her legs, arms and torso. She was hospitalized for one month and underwent five separate split-thickness graft surgeries. She was left with keloid scarring of about 18% of her body surface, including her wrist, arms, legs and stomach.

The injured woman claimed that she missed three months of work as a result of her injuries. She did not need any follow-up care for her injuries after returning to work, but she claimed that she needed to see a psychiatrist on an outpatient basis five times over the ensuing five years. She sought recovery for damages for her past and future pain and suffering.

The defendants did not dispute the plaintiff’s burn scars as a result of her accident.

Result:

The matter went to mediation before retired judge Milton Mollen at JAMS/ENDISPUTE, but it settled outside of mediation for $4.58 Million prior to trial. Of the total settlement, Wells Fargo agreed to contribute $4.5 Million, and the insurer of the Farnums and the Singhs agreed to contribute $80,000 from its $100,000 policy.

— — —

Judge: Douglas E. McKeon

Editor’s Comment:
This report is based on information that was provided by plaintiffs’ and counsel of the Farnums, Mortgage Contracting Services, Quantum FACS, Red Hawk Properties, the Singhs and Wells Fargo. Counsel of Caretaker Properties, the court-appointed receiver and Norwest Mortgage was not asked to contribute.

$ 3 Million - Meningitis Medical Malpractice - Hospital's Failure to Diagnose

Meningitis is a life-threatening condition. It involves an inflammation of the protective membranes covering the brain and spinal cord. Meningitis is classified as a medical emergency. When a hospital failed to diagnose a case of Meningitis for a two year old patient, the family turned to New York’s toughest personal injury attorneys. The lawyers successfully proved that the medical negligence caused by hospital error resulted in the girl suffering from hearing loss, mental deficiencies likely due to brain damage and infection. Fortunately, the family was compensated $3,000,000. Read about other failures to diagnose and medical malpractice.

Photo by 4028mdk09 (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

— — —

Unspotted meningitis caused deafness, child’s mother alleged (VerdictSearch)

Settlement Amount: $3,000,000

— — —

Court: Queens Supreme, Queens County, NY

Injury Type(s): other-meningitis; sensory/speech-hearing; loss of mental/psychological-cognition; impairment

Case Type: Medical Malpractice – Failure to Test, Failure to Diagnose

Date: June 23, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

Facts:

On Nov. 11, 1999, the plaintiff, a 1-year-old girl, was examined by her pediatrician, Dr. Bum Park. The baby was suffering a persistent fever, and Park determined that the fever was a product of tonsillitis. The baby’s mother was told that she could be reexamined when it became necessary.

During the ensuing hours, the girl’s fever reached 104 degrees Fahrenheit, and she began to vomit. She was transported to the emergency room of Elmhurst [N.Y.] Hospital Center. An X-ray revealed a potentially abnormal density of the little girl’s lungs, and doctors suspected that she could have been developing pneumonia. Thus, she was admitted to the hospital. Doctors also suspected that meningitis could have been developing, but they did not detect any abnormalities of the child’s meninges. She was administered an antibiotic.

During the third day of the baby’s hospitalization, a nurse observed that the child’s neck was stiffening. A test confirmed that the patient was suffering nuchal rigity — stiffness of the nape of the neck. Nuchal rigity is one of three symptoms of meningitis. The girl was also suffering a 102-degree fever. Doctors determined that a spinal tap would be performed if the fever persisted.

The child’s hospitalization ultimately lasted 14 days, and her body’s temperature always equaled or exceeded 100 degrees.

Two days after her discharge, doctors determined that the girl was suffering an acute and total loss of her ability to hear. A CT scan revealed that she was suffering damage of her ears’ cochleas. The child victim’s mother claimed that the damage was a result of untreated meningitis.

The mother, acting as parent and natural guardian, sued Park and Elmhurst Hospital Center’s operator, the New York City Health and Hospitals Corp. The mother alleged that Park and the hospital’s staff failed to diagnose the meningitis. She further alleged that the failures constituted medical malpractice.

Plaintiff’s counsel claimed that the girl’s nuchal rigity indicated that she may have been suffering meningitis. He contended that the symptom should have prompted immediate performance of a spinal tap or some other appropriate test. The plaintiff’s expert neonatologist opined that CT scans revealed that the cochlear damage was a result of ossification that was caused by a bacterial infection.

Park’s records did not clearly indicate the scope of his Nov. 11 examination of the child. He initially contended that the examination may have included performance of tests that detect meningitis, but he ultimately acknowledged that he could not recall having performed such tests. However, Park’s medical expert opined that Park’s treatment did not deviate from accepted standards of care. The expert also opined that the child’s permanent injury was not a product of Park’s actions or inactions.

Park’s counsel moved for summary judgment. The motion was denied, but the appellate division, Second Department, reversed. Thus, the matter proceeded against New York City Health and Hospitals.

New York City Health and Hospitals’ counsel contended that Elmhurst Hospital Center’s staff appropriately treated the patient. He claimed that the baby’s symptoms did not warrant additional treatment.

New York City Health and Hospitals’ also moved for summary judgment. He challenged plaintiff’s counsel’s submission of a supplemental bill of particulars, but his motion was denied.

Injury:

Plaintiff’s counsel claimed that the child victim suffered meningitis that caused damage of her ears’ cochleas. He contended that the damage led to an acute, permanent and total loss of her auditory ability. He noted that the loss occurred during the child’s early formative years, and he claimed that the resultant handicap impaired her cognitive development.

The girl’s mother sought recovery of damages for her daughter’s past and future pain and suffering.

Defense counsel contended that the child’s cochlear damage was a congenital defect.

Result:

The parties negotiated a $3 Million pretrial settlement.

— — —

Judge: David Elliot

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

$ 3.4 Million Dollar - Medical Malpractice - Failure to Diagnose

Failure to diagnose an infection in a child’s hips resulted in orthopedic injury with permanent disability. Top Injury Attorneys at Morrison & Wagner helped the injured party receive rightful compensation in the amount of $3,425,000. How common is a failure to diagnose? Approximately 40% of all medical malpractice claims involve a failure to diagnose some kind of condition (data). If you or a loved one experience medical malpractice, contact an experienced injury attorney right away. Read more about other cases of medical malpractice and physician error.

Illustrative Photo Credit: Elisa Self [License]

— — —

Unspotted infection claimed child’s hips, mother alleged (VerdictSearch)

Settlement Amount: $3,425,000

— — —

Court: Kings Supreme, Kings County, New York

Case Type: Medical Malpractice – Childbirth, Failure to Diagnose

Date: July 26, 2006

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner; New York, NY, for Plaintiff, and daughter
Eric H. Morrison; Morrison & Wagner; New York, NY, for Plaintiff, and daughter

— — —

Facts:

On Nov. 24, 2002, the Plaintiff, a pregnant woman in her first trimester of gestation, presented to Maimonides Medical Center, in Brooklyn, experiencing contractions. Several hours later she gave birth to premature twin daughters. The first baby was born with Apgar scores of 9, and 9. (Editor’s note: The Apgar system scores an infant’s physical condition during the first minutes of life. The infant’s heart rate, respiration, muscle tone, stimulated responses, and color are graded zero, one or two. Thus, the maximum total score is 10. A low score indicates that the infant requires immediate, lifesaving attention.)

As a result of her premature birth, the baby was admitted into the hospital’s neonatology unit and was diagnosed with sepsis, growth retardation and prematurity. After more than 30 days in the neonatal intensive-care unit, she was released with a clean bill of health. Thereafter, the baby’s parents noticed that she was not turning like her twin sister was. The baby girl’s pediatrician noticed problems with her hips, and she was referred to a pediatric orthopedist. Upon examination, the orthopedist determined that the baby had no hip joints on both the left and right sides.

The Plaintiff, acting individually and on her daughter’s behalf, sued the hospital and the attending physicians. She alleged that the defendants failed to diagnose the condition and that their failures constituted medical malpractice.

The plaintiff’s expert pediatric orthopedist determined that the internist who examined the baby on her fourth day made the correct diagnosis and noted that the area was “swollen and painful.” They contended that this constituted an orthopedic emergency and warranted an immediate orthopedic consultation. Plaintiffs’ counsel also determined that the consultation would have resulted in a hip aspiration and removal of the bacteria that caused the infection. He further opined that the septic arthritis or osteomyelitis, an inflammation of the bone caused by a pathogenic organism, was not diagnosed and also demonstrated the defendants’ failure to appreciate the infant’s symptoms.

The defendants claimed that they did not depart from the standard of care. Defense counsel argued that the infant was provided timely and directed hip examinations following the intern’s note and that no symptoms justified an orthopedic consultation.

Injury:

Plaintiffs’ counsel claimed that the delayed diagnosis led to an infection that caused the complete deterioration of the little girl’s hip joints, resulting in a permanent disability. The girl, now 4, walks with an altered gait. Although she does not wear a brace, she requires fusion surgery on both hips. The surgery can not be performed until after she reaches puberty, and she also requires revision surgery over the course of her lifetime.

The victim’s vocational life-planning expert determined that she will have profound vocational and occupational consequences and will have difficulty finding meaningful employment.

Plaintiffs’ counsel sought recovery of an unspecified amount of damages for past and future medical costs, lost wages, and pain and suffering.

The defense claimed the girl does not need revision surgeries and will be able to lead a normal productive life.

Result:

The parties agreed to a $3,425,000 pretrial settlement. The hospital’s insurer will contribute the entire amount. The attending doctors were stipulated out.

— — —

Judge: Gerard H. Rosenberg

$2.75 Million Premises Liability — Woman Suffers Broken Neck, Brain Injury From Falling Object

New York – A woman was walking along when a piece of stone facade collapsed off the side of a Brooklyn building. The collapse debris hit her in the head and neck, leaving her with a spinal fracture in her neck and a traumatic brain injury with concussion. After being hospitalized for several weeks and undergoing fusion surgery of her neck, the woman sought the legal guidance of the experts at Morrison & Wagner to file a negligent repair negligence lawsuit. They settled the case with the defendants agreeing to pay the injury victim $2,750,000.

Photo for illustrative purposes only. Credit: Bruce Monroe [License]

— — —

Woman’s neck fractured by falling piece of building’s facade (VerdictSearch by Priya Idiculla)

Settlement: $2,750,000

— — —

Court: Kings Supreme, Kings County, New York

Injury Type(s): brain damage; cognition, impairment; compression fracture; concussion; corpectomy; discectomy; effusion; finger; fracture, C4; fracture, neck; fracture, vertebra; fusion, cervical; hand; hardware implanted; head; memory impairment; physical therapy; pneumonia; shoulder; sutures; traumatic brain injury; trigger point injection; vertigo

Case Type: Premises Liability – Negligent Repair and/or Maintenance – Falling Object

Date: November 4, 2016

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

— — —

Facts & Allegations:
On Sept. 22, 2014, the plaintiff, an unemployed woman, was struck by a limestone fragment that had fallen off of the fourth-story facade of a building located in the Sunset Park section of Brooklyn. The woman sustained injuries of her head and neck.

The woman sued the premises’ owner and the premises’ manager. She alleged that the defendants were negligent in their maintenance of the premises. She further alleged that the defendants’ negligence caused the accident.

The plaintiff’s counsel contended that the accident was a result of prolonged neglect of the building’s exterior. He contended that photographs depicted chips, cracks and other irregularities of the facade.

Defense counsel contended that the accident may have been a result of erosion caused by power-washing of the building, but he ultimately conceded liability.

Injuries/Damages
The injury victim’s head was struck and lacerated by the limestone fragment. She was placed in an ambulance, and she was transported to Lutheran Medical Center, in Brooklyn. Doctors determined that she sustained a concussion and a compression fracture of her C4 vertebra. Her scalp’s laceration was closed via application of sutures. After four days had passed, she underwent surgery that included a corpectomy, which involved excision of her C4 vertebra; a discectomy, which involved excision of the anterior portion of her C3-4 and C4-5 intervertebral discs; fusion of the anterior region of her spine’s C3-4 and C4-5 levels; and implantation of a stabilizing cage. During her convalescence, she developed pneumonia and pleural effusion. Her hospitalization lasted about two weeks. She subsequently underwent physical therapy and a pain-management regimen, which included administration of painkilling trigger-point injections.

The accident victim claimed that her head’s injury caused damage of her brain, with residual effects that included confusion, disorientation, vertigo, and impairment of her memory and other elements of her cognition. She also claimed that her neck remains painful, that the pain radiates to her shoulders, and that her fingers and hands experience occasional tingling sensations. She undergoes periodic physical therapy.

The plaintiff sought recovery of past medical expenses, future medical expenses, damages for past pain and suffering, and damages for future pain and suffering.

Defense counsel contended that the woman did not sustain an injury of the brain.

Result
After selection of a jury, but prior to the scheduled start of the trial, the parties negotiated a settlement. The defendant’s primary insurer tendered its policy, which provided $1 Million of coverage, and the defendant’s excess insurer agreed to pay $1.75 Million. Thus, the settlement totaled $2.75 Million. Defense counsel claimed that, had a trial occurred, a discovery issue may have prevented the plaintiff’s counsel’s presentation of a safety expert who had been retained.

— — —

Judge: Judge Donald Kurtz

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel. Additional information was gleaned from court documents.

$2.25 Million – Medical Malpractice Claim Due to Delayed Treatment in Hospital

New York – In 2012 a woman delivered a baby in a hospital in Queens, NY. She subsequently suffered a pulmonary embolism and died the next day. The woman’s widowed husband claimed that this was a wrongful death due to the hospital’s failure to treat the problem quickly enough. Medical malpractice lawyers with Morrison & Wagner filed a malpractice lawsuit on the woman’s estate’s behalf. The hospital’s operator agreed to pay a settlement of $2,250,000 to the victims.

Photo for illustrative purposes only. Credit: US Army Africa [License]

— — —

Lawsuit: Doctors’ Inaction allowed embolism’s fatal progress (VerdictSearch by Priya Idiculla)

Settlement: $2,250,000

— — —

Court: Queens Supreme, Queens County, New York

Injury Type(s): death; embolism; pulmonary / respiratory; respiratory arrest

Case Type: Medical Malpractice — Delayed Treatment — Wrongful Death — Survival Damages

Date: February 25, 2016

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

— — —

Facts & Allegations:
On July 10, 2012, plaintiff’s decedent, a 31-year-old part-time nurse, underwent Caesarean delivery of a daughter. The delivery was performed in a hospital in Queens, New York.

During the hours that followed the delivery, the woman developed severe impairment of her respiration. She ultimately suffered an arrest, though she was quickly revived. Doctors suspected that she was suffering a pulmonary embolism, so she underwent intravenous administration of an anticoagulant: Lovenox.

Her condition worsened during the ensuing morning. A doctor ordered surgical thrombolysis, which would have involved mechanical destruction of the embolism, but the woman died before the procedure could be undertaken. The woman’s widower, Plaintiff, claimed that his wife’s death was a result of a failure to timely address her embolism.

The plaintiff and his sister, acting as co-administrators of the deceased woman’s estate, sued the hospital’s operator, New York City Health and Hospitals Corp., and several doctors who were believed to have been involved in the hospital’s treatment of the woman – an internist, hospitalist, 2 obstetricians, a pulmonologist and a cardiologist. The lawsuit alleged that the doctors failed to timely address the woman’s embolism, that the doctors’ failures constituted malpractice, and that New York City Health and Hospitals was vicariously liable for the doctors’ actions.

The estate’s counsel discontinued the claims against the doctors. The matter proceeded against New York City Health and Hospitals.

The estate’s counsel contended that the woman’s embolism could have been resolved via thrombolysis, but that the surgery was not ordered until the woman had experienced five hours of worsening symptoms. He also claimed that 165 additional minutes passed before the hospital completed the woman’s presurgical preparations. While the woman was being transported to the area in which the surgery would have been performed, she suffered a loss of consciousness. She did not regain consciousness.

The estate’s counsel also contended that the woman was not timely administered Lovenox. He contended that earlier administration may have altered the need for thrombolysis.

Defense counsel contended that the woman’s embolism was of an advanced stage that is rarely resolved via thrombolysis, and she also contended that thrombolysis is an extremely risky procedure. She contended that the hospital’s staff appropriately determined that Lovenox was the more efficacious means of addressing the embolism.

Injuries/Damages
The woman suffered a fatal pulmonary embolism. During the hours that preceded her death, she suffered severe impairment of her respiration. She also suffered an arrest, though she was resuscitated.

The woman died on July 11, 2012. She was survived by her husband and two children.

The woman’s estate sought recovery of wrongful-death damages that included her lost earnings, damages for her pain and suffering, and damages for her children’s loss of parental guidance. The lost-earnings claim was not supported by admissible documentation.

Result
The parties negotiated a pretrial settlement. New York City Health and Hospitals, which was self-insured, agreed to pay $2.25 Million.

— — —

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

$ 2 Million Medical Malpractice - Infant Suffers Due to Physician Negligence

The parents of a two year-old infant brought their child to the emergency room treatment for a fractured tibia, after the child fell from her stroller in her home.  Following a course of skin traction, the child was placed in a Spica cast from toe to thigh while remaining hospitalized. After 24 hours, the child’s toes became swollen and her foot was unresponsive to pin-prick. After three days of continuous discoloration and foot immobility, doctors removed the cast and discovered marked skin and muscle damage extending from the ankle to mid-calf. A condition of four compartment syndrome was diagnosed due to a tight cast. Additional long-term damage was done to the child.

 

Photo by Unknown photographer [Public domain], via Wikimedia Commons

$1,850,000 Settlement After New York Hospital Missed Diagnosis of Breast Cancer

The doctors missed the breast cancer diagnosis when Marcia Lee first came to the Manhattan hospital for evaluation. She was shocked to discover that not only did she have the cancer, the hospital’s failure to diagnose it earlier left her in a worse condition. She was only 45 years old and determined to fight both the cancer and the injustice. Ms. Lee spoke to a top medical malpractice lawyer in NY who explained her rights. A medical malpractice lawsuit for failure to diagnose cancer was filed against the hospital and its doctors. The defendants subsequently concluded the case against them by giving the misdiagnosis victim a $ 1.85 Million settlement.

Have you, or someone you know, suffered from doctor or hospital negligence? Please let us know – it’s a free consultation! You can also read about additional winning medical malpractice cases here.

Photo by Bill Branson [Public domain], via Wikimedia Commons

$ 1.45 Million Premises Liability Settlement – Man Electrocuted in Stairwell

Dennis Marruco was electrocuted while walking up the stairs of a New York financial institution. He sustained significant burns and a fracture of his left arm. In addition, the burn victim suffered a spinal injury with fractured vertebrae. Trauma surgeons performed an operation to repair his arm with plates and screws. Mr. Marruco explained that the real estate management company should have done their due diligence to prevent such an accident. He was left injured and knew that he needed help to recoup the money that he had lost due to the institution’s failure.

The 67-year-old accident victim approached the successful injury lawyers of Morrison & Wagner in Manhattan, New York with a simple phone call. They helped Marruco submit a premises liability lawsuit against the financial corporation and the realty management company. He demanded restitution for his accident injuries as well as his pain and suffering. The man’s diligent lawyer explained that negligent maintenance had been performed and therefore the defendants had not protected the public from an inevitable electrocution and injury. The defendants agreed to settle the lawsuit by paying the injured man $1,450,000. Here’s another premises liability case that was successfully handled by the winning attorneys of Morrison & Wagner, LLP.

Photo by Kevin.B (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

Award: $1.05 Million -- Pedestrians in Crosswalk Struck by Car in Brooklyn, New York

New York — A man and his daughter were crossing a Brooklyn street when they were struck by a car. The accident victims suffered multiple injuries and underwent extensive treatment. They sought the assistance of the experienced injury attorneys at Morrison & Wagner, who helped them win a total of $1,050,000 in compensation for their injuries, pain and suffering.

Illustrative Photo Credit: Benjamin Bousquet [License]

— — —

Father, daughter claimed motorist struck them in crosswalk (VerdictSearch)

Actual Award: $1,050,000

— — —

Court: Kings Supreme, Kings County, New York

Injury Type(s): hip-fracture; leg-scar and/or disfigurement; head; head-headaches; head-concussion; knee-fracture; tibial plateau-fracture; brain-subdural hematoma; chest-fracture; rib; other-sutures; other-laceration; other-physical therapy; pelvis-fracture (fracture, pubic ramus); shoulder-fracture (fracture, clavicle); foot/heel-fracture; toe; mental/psychological-cognition (memory, impairment)

Case Type: Motor Vehicle – Pedestrian

Date: May 14, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY
Ira Cooper; trial counsel, Morrison & Wagner, LLP; New York, NY

— — —

Facts:

On Jan. 10, 2010, the plaintiff, 62, an attorney, and his daughter, a minor, were struck by, or collided with, a motor vehicle. The incident occurred on Elm Avenue, alongside its intersection at East 14th Street, in the Manhattan Terrace section of Brooklyn. The plaintiff sustained injuries of his head, his knees, a rib, a shoulder and a toe. His daughter sustained injuries of her hips and a thigh.

The injured man, acting individually and as his daughter’s parent and natural guardian, sued the vehicle’s driver and co-owner and the vehicle’s other co-owner. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that co-owner was vicariously liable for the driver’s actions.

Plaintiffs’ counsel claimed that the impact occurred in a crosswalk of Elm Avenue. They further claimed that the daughter and her father were struck by the front end of the vehicle. The driver acknowledged that he later noticed a dent of his vehicle’s front end and that the dent did not predate the accident.

The daughter claimed that the vehicle struck her right hip. Her father claimed that he sustained an injury that prevents his recollection of the impact or any other part of the accident, but Justice Richard Velasquez invoked the Noseworthy doctrine, which specifies that certain impairments permit a reduction of a plaintiff’s burden of proof.

The driver claimed that the daughter and her father entered the roadway and initiated contact with one side of his vehicle. Defense counsel noted that the father sustained a fracture of a toe. He suggested that the injury was a result of the toe having been crushed by one of the vehicle’s tires, and he argued that such a scenario could only have occurred if the plaintiff had approached from one side of the vehicle and stepped in front of one of its tires.

The driver claimed that he had scanned a distance of about 10 car lengths and did not notice pedestrians or oncoming traffic. He acknowledged having told a responding police officer that the sun’s glare hindered his view of the roadway, but he claimed that the statement was a result of nervousness during the moments that followed the accident.

Injury:

The injured father sustained a concussion, a laceration of his head, a fracture of his right leg’s tibial plateau, which is a component of the knee, a fracture of his left knee, a fracture of his left shoulder’s clavicle, a fracture of his right foot’s first toe and a fracture of a rib. His head’s injury also produced a subdural hematoma.

The accident victim was placed in an ambulance, and he was transported to Lutheran Medical Center, in Brooklyn. His hospitalization lasted four days.

The plaintiff’s treatment comprised a few weeks of physical therapy. He claimed that his concussion has produced lasting effects that include headaches, impairment of his ability to concentrate and impairment of his short-term memory. He further claimed that his residual effects prevented proper performance of his job’s duties and necessitated an early retirement.

The plaintiff sought recovery of damages for past and future pain and suffering.

The daughter sustained a fracture of her pelvis’s left superior public ramus, which is a component of the left hip, a fracture of her pelvis’s right superior pubic ramus, which is a component of the right hip, and a laceration of her right thigh.

She was placed in an ambulance, and she was transported to Lutheran Medical Center. Her right thigh’s laceration was closed via application of sutures. A doctor determined that she was too young to undergo surgical repair of her fractures, so the fractures were allowed to heal naturally.

The daughter retains a scar of her right thigh, but she does not suffer residual pain or limitations. Her father sought recovery of damages for his daughter’s past and future pain and suffering.

Defense counsel contended that the daughter’s injuries healed within a few weeks.

Defense counsel also contended that the injury victim did not sustain a lasting injury of the brain. The defense’s expert neuropsychiatrist opined that a post-accident psychiatric test produced normal results. Defense counsel contended that the plaintiff can resume his job.

Result:

During the trial, the parties negotiated a settlement of the daughter’s claim. The defendants’ insurer agreed to pay $150,000.

The jury found that the defendants were liable for the accident. It determined that the injured man’s damages totaled $900,000. That amount, plus the amount recovered via the settlement, totaled $1.05 million.

Father: $400,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering

Actual Award: $1,050,000

— — —

Judge: Richard Velasquez

Editor’s Comment: This report is based on information that was provided by plaintiffs’ and defense counsel.

$990,000 Worker’s Compensation Settlement – Electrician injured hip and pelvis on the job

Mr. Sabet, an electrician in New York City, worked for a contractor when he suffered an injury to his hip and pelvis. His on- the job injury required two orthopedic surgeries and extensive physical therapy. Despite his medical care, Mr. Sabet contended that he was left with physical disabilities that would prevent him from returning to work as an electrician.

He consulted with the well-known worker’s comp lawyers at Morrison & Wagner LLP, an injury law firm in New York City, with a successful history of recovering money for work accident victims. With their help, Sabet filed an injury lawsuit against his employer, demanding compensation for damages, pain and suffering.

Details of the worker’s injuries, his pain and suffering as well as past and projected future expenses — due to the injury — were submitted by experts, as part of a life care plan. Morrison & Wagner contended that due to the injuries, the disabled worker would be restricted in his available lines of work, required re-training to adapt to new lines of work, and would not be able to return to his professional career.

Morrison & Wagner LLP succesfully resolved the work injury claim. The employer settled the case and agreed to pay $990,000 to the NY work injury victim.

Have you been injured at work? Tell us about it – it’s a free consultation!

Photo by U.S. Fish & Wildlife Service – Pacific Region’s [CC-BY-2.0], via Wikimedia Commons