Daily Archives: March 8, 2016

March 08, 2016 Case Success Stories
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$297,500 Pre-Trial Settlement for Injuries From a Trip and Fall Accident in Queens

New York — This 88-year-old trip and fall victim claimed that his injuries were caused by negligent maintenance on the part of the owners of the driveway where the accident occurred. The elderly man’s fall injuries included a hip injury and wrist fracture. The man came to the injury lawyer experts of Morrison & Wagner and together, they filed a negligence lawsuit. In a pre-trial settlement they recovered $297,500 for the injury victim.

Illustrative Photo (Altered to obscure license plate): Alan Stanton [License]

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Damaged driveway a hazard, plaintiff claimed (VerdictSearch)

Settlement Amount: $297,500

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Court: Queens Supreme, Queens County, New York

Injury Type(s): hip – fracture; other – loss of services; wrist – fracture

Case Type: Slips, Trips & Falls – Slips, Trips & Falls, Trip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Date: January 17, 2011

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

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Facts:

On Feb. 19, 2010, the plaintiff, 88, tripped on the sidewalk apron of a driveway that was located on the east side of 66th Avenue, between its intersections at Queens Boulevard and Saunders Street, in the Rego Park section of Queens. He fell, and he sustained injuries of a hip and a wrist.

The injured plaintiff sued the 35 owners of the residences that had access to the driveway. He alleged that the homeowners were negligent in their maintenance of the driveway. He further alleged that the homeowners’ negligence created a dangerous condition that caused his accident.

The fall victim claimed that the driveway was damaged and hazardous.

The defense was coordinated by a claims adjuster of the insurer that represented a plurality of the defendants. The defense contended that the plaintiff had been crossing the driveway on a near-daily basis for years and thusly would have been aware of any defect. The defense also contended that any defect was caused by sanitation vehicles that regularly accessed the driveway.

Injury:

The injury victim sustained a fracture of his left hip and a fracture of his left, nondominant arm’s wrist. He claimed that he suffers permanent residual pain and limitations that greatly hinder his ambulation and his performance of many of his everyday activities. He sought recovery of damages for past and future pain and suffering. His wife sought recovery of damages for loss of services.

Result:

The parties negotiated a pretrial settlement. Each defendant’s insurer agreed to pay $8,500. Thus, the settlement totaled $297,500.

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Judge: Valerie Brathwaite Nelson

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. VerdictSearch was unable to solicit feedback from defense counsel.

March 08, 2016 Case Success Stories
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$300,000 Verdict for Victims Injured in Rear-End Car Crash

New York — A couple in their 60s were read-ended in a car accident while they were stopped at a red light. They both suffered accident injuries and decided to file a personal injury lawsuit. They claimed that the defendant was a negligent driver. With the assistance of a car accident lawyer with Morrison & Wagner, the couple received a jury verdict that awarded them over $300,000.

Illustrative Photo Credit: Rian Castillo [License]

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Couple claimed car crash caused knee, shoulder injuries (VerdictSearch)

Verdict Amount: $300,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s): knee – meniscus tear; other – labrum tear; other – physical therapy; surgeries/treatment – arthroscopy; surgeries/treatment – knee surgery

Case Type: Motor Vehicle – Passenger, Rear-ender, No-Fault Case, Multiple Vehicle

Date: April 8, 2011

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

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Facts:

On Aug. 23, 2007, the plaintiff, 69, a retiree, was driving on Third Avenue, near its intersection at East 188th Street, in Harlem. His wife, plaintiff’s decedent, 63, a homemaker, was a passenger. When the man reached the intersection, he stopped at a red traffic signal. Before he could resume travel, his vehicle’s rear end was struck by a trailing vehicle driven by a man who was not the owner of the vehicle. The plaintiff claimed that he sustained injuries of his knees. His wife claimed that she sustained injuries of a knee and a shoulder. She subsequently died, but her death was not related to the accident.

The injured plaintiff, acting individually and as administrator of his wife’s estate, sued the driver and the owner of the vehicle. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that the vehicle’s owner was vicariously liable for the driver’s actions.

Defense counsel conceded liability. The matter proceeded to a summary jury trial that addressed damages.

Injury:

The plaintiff drove to Metropolitan Hospital Center, in Manhattan, and he underwent minor treatment.

The injury victim ultimately claimed that he sustained tears of his knees’ menisci. On Sept. 26, 2007, he underwent arthroscopic surgery that addressed the injury of his left knee. On Jan. 25, 2008, he underwent arthroscopic surgery that addressed the injury of his right knee. He contended that he also underwent several months of physical therapy.

The plaintiff claimed that he suffers permanent residual pain that prevents his resumption of one of his favorite activities: gardening. He sought recovery of damages for his past and future pain and suffering.

The man’s wife was placed in an ambulance, and she was transported to Metropolitan Hospital Center. She underwent minor treatment.

The injured woman ultimately claimed that she sustained a tear of her right knee’s meniscus; a tear of the labrum of her right, dominant arm’s shoulder; and a tear of the same shoulder’s rotator cuff, though the latter injury was not definitively diagnosed. On Dec. 31, 2007, she underwent arthroscopic surgery that addressed her right knee. On Jan. 3, 2007, she underwent arthroscopic surgery that addressed her right shoulder. She also underwent several months of physical therapy. She died some eight months after the accident had occurred, but her death was not related to the accident.

The deceased woman’s estate sought recovery of damages for her pain and suffering.

The parties stipulated that the plaintiffs’ total damages could not exceed $150,000.

Defense counsel contended that neither plaintiff sustained a serious injury, as defined by the no-fault law, Insurance Law § 5102(d). She claimed that their injuries stemmed from age-related degenerative conditions that were not related to the accident. She challenged the extent of the plaintiff’s treatment, noting that he could not produce any record of having undergone physical therapy, and she questioned the extent of his pre-accident gardening activities. She also noted that doctors did not definitively diagnosis a tear of the injured woman’s right shoulder’s rotator cuff.

Result:

The jury found that each plaintiff sustained a serious injury. It determined that their damages totaled $375,000. The plaintiff’s share totaled $200,000, which comprised damages for past and future pain and suffering, and the wife’s estate was allocated $175,000, all for pain and suffering.

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Judge: Yvonne Gonzalez

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

March 08, 2016 Case Success Stories
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$362,500 in Total Settlements For Pedestrian Accident Victims

New York — Two pedestrians were crossing the street when one of them was hit by a car and the other nearly struck by the vehicle. The driver of the car claimed that he skid on snow. The injured accident victim suffered broken bones, including a pelvic fracture, leg fracture and broken shoulder bone. The two women came to the personal injury law firm of Morrison & Wagner and filed a lawsuit against the driver. Settlements totaling $362,500 for the victims were obtained prior to trial.

Illustrative Photo Credit: Steve Baker [License]

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Motor Vehicle – Pedestrian (VerdictSearch)

Total Settlement Amounts: $362,500

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Court: Queens Supreme, Queens County, New York

Case Type: Motor Vehicle – Pedestrian

Date: April 11, 2000

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

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Facts:

At 7 AM on 12/6/97, the 72-year-old Plaintiff A was walking with her daughter, Plaintiff B, on State Hwy. 36 in the Town of Groveland. There was snow on the ground from an earlier storm. Plaintiff A was crossing the highway when she was struck by Defendant’s vehicle. Plaintiff B avoided the accident, but contended that she had been in the zone of danger. Defendant contended that the Plaintiffs initially had been waiting by the yellow line, then darted into the roadway. Defendant also claimed that the snow on the roadway caused his vehicle to skid.

Injury:

Fractures to the right pelvis, fibula, and tibia; fractured left nondominant shoulder. Plaintiff A received physical therapy from the date of the accident until 4/16/98.

Note: Defendant won a motion to move the trial to Livingston, based on the fact that the police officers were witnesses who would be called to testify at trial and were from that venue. Plaintiff showed in renewal and reargument that the police officers were not necessary witnesses in that they did not do an actual reconstruction of the accident scene and were willing to travel to Queens for trial. The case was subsequently moved back to the Queens venue.

Result:

This action settled at the beginning of jury selection for $300,000 for Plaintiff A and $62,500 for Plaintiff B.

March 08, 2016 Case Success Stories
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$325,000 Mediated Settlement :: Patient Suffered Embolism After Falling From Hospital Chair, Delayed Diagnosis

New York — An 83-year-old resident of a senior case nursing home facility fell out of a hospital chair while admitted for treatment there. He underwent X-rays after the fall in the hospital and was returned to the senior care home. He subsequently returned to the hospital and received a delayed diagnosis of a leg fracture. The man soon died of a pulmonary embolism that his estate contended was due to medical malpractice and negligence. The man’s family sought the legal assistance of Morrison & Wagner, who specialize in wrongful death. They helped mediate a settlement for the family in the amount of $325,000.

Illustrative Photo Credit: rearl [License]

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Suit: Fatal embolism stemmed from late diagnosis of fracture (VerdictSearch)

Mediated Settlement Amount: $325,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s): leg-fracture (fracture, tibia); other-death; arterial/vascular – embolism pulmonary/respiratory

Case Type: Nursing Homes – Medical Malpractice – Delayed Diagnosis, Delayed Treatment

Date: October 29, 2010

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

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Facts:

On Aug. 5, 2003, plaintiff’s decedent, 87, was admitted to a hospital in the Bronx. During the ensuing days, he underwent treatment of malnutrition, mild dementia and residual effects of cancer of his prostrate.

On Aug. 12, 2003, the elderly man fell out of one of the hospital’s chairs. X-rays did not reveal a fracture, and the man was ultimately returned to his residence, a senior care center in the Bronx.

The senior care center’s staff subsequently determined that the fall victim was suffering a fracture of his left leg’s tibia. The injured man was returned to the hospital. After 10 days had passed, he suffered a fatal pulmonary embolism. The man’s family claimed that the embolism was a result of a failure to timely diagnose and treat his fracture.

The injury victim’s estate sued the hospital and the senior care nursing home. The estate alleged that the defendants’ employees failed to timely diagnose and treat the elderly man’s fractures. The estate further alleged that the hospital’s staff’s negligence constituted malpractice.

The estate’s counsel claimed that the man’s fracture occurred when he fell out of the chair. He acknowledged that preliminary X-rays did not reveal a fracture, but he claimed that subsequent X-rays did. He contended that the patient was discharged before the subsequent X-rays could be evaluated. He claimed that a medical examiner concluded that the man’s fatal embolism was a result of a failure to promptly address the fracture.

The estate’s counsel also claimed that the senior care center’s staff did not promptly address the fracture’s symptoms: discolored skin and an inversion of the senior man’s right foot.

Injury:

The plaintiff sustained a fracture of his left leg’s tibia. The estate’s counsel claimed that the fracture was not promptly treated, and he contended that the delay allowed the man’s development of a fatal pulmonary embolism.

The deceased man’s estate sought recovery of damages for his past pain and suffering.

Defense counsel contended that the man’s embolism was not a result of his fracture.

Result:

During the month that preceded the scheduled start of the trial, the parties negotiated a settlement, which was finalized via the guidance of Judge Douglas McKeon. The defendants’ insurers agreed to contribute equal payments that totaled $325,000.

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Judge: Douglas E. McKeon

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

March 08, 2016 Case Success Stories
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$350,000 Settlement :: Woman Suffers Burns From Apartment Bath Tub

New York — This 63-year-old woman suffered severe burns when she was scalded by burning hot water in the bathtub of her Manhattan apartment. She was upset with the building’s manager and owner for keeping the water in the boiler so dangerously hot. After consulting with an personal injury lawyer expert at Morrison & Wagner, the woman decided to sue the building’s owner and manager for damages. They recovered $350,000 in a successful settlement.

Illustrative Photo Credit: Laurel Kate Sittig [License]

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Apartment’s tenant scalded in tub, claimed boiler was defective (VerdictSearch)

Settlement Amount: $350,000

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Court: New York Supreme, New York County, New York

Injury Type(s): leg; burns – third degree; surgeries/treatment – skin graft

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

Date: January 24, 2011

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

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Facts:

On Jan. 31, 2008, the plaintiff, a 63-year-old unemployed woman, was scalded while she was bathing in her residence, an apartment building that was located in the Hamilton Heights section of Manhattan.

The woman sued the building’s owner and the building’s manager. She alleged that the defendants were negligent in their maintenance of the premises.

The injured woman claimed that she entered her bathtub while the water was running at a comfortable temperature, but that the water’s temperature quickly reached a scalding level. The plaintiff’s counsel retained a boiler-safety expert, who examined the building’s water heater and claimed that its thermostat was set to 180 degrees Fahrenheit — 55 degrees greater than the temperature that had been recommended by the boiler’s manufacturer. The burn victim’s counsel also suggested that the thermostat may have been defective.

Defense counsel contended that the New York City Administrative Code specified that the thermostat’s setting had to exceed 120 degrees. She also contended that the building’s tenants had been told that they were not to bathe without first filling the tub and checking the water’s temperature. She claimed that the building’s staff had not received any written complaints of scalding water.

Injury:

The plaintiff claimed that she sustained third-degree burns of her legs. She underwent the application of grafts of skin, and her treating surgeon opined that the legs have healed without any scars or residual effects.

The injury victim sought recovery of damages for her past pain and suffering.

Result:

Defense counsel moved for summary judgment. She contended that New York law specifies that an apartment building’s tenant retains a duty to temper hot water prior to use. In response, plaintiff’s counsel contended that a jury would have to consider the possibility that the boiler’s thermostat was defective. During pendency of the motion, the parties negotiated a settlement. The defendants’ insurer agreed to pay $350,000, from a policy that provided $1 million of coverage.

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Judge: Richard F. Braun

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