Author Archives: Morrison Wagner

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.

March 07, 2016 Case Success Stories
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$375,000 Labor Law Settlement -- Work Injury When Construction Worker Falls Off Ladder

New York — This 51-year-old construction accident victim suffered leg fractures and other personal injuries while at work. The work injury occurred when the worker fell from a ladder. With the assistance of the labor law and injury specialists at Morrison & Wagner, the injured worker received a settlement of $375,000 from the defendant.

Illustrative Photo Credit: Jay Gorman [License]

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Labor law – fall from ladder – summary judgment on liability – tibia and fibula fractures with surgery (VerdictSearch)

Settlement Amount: $375,000

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

Case Type: Construction – Labor Law, Scaffolds and Ladders

Date: March 5, 1999

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner

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Facts:

The plaintiff, a 51-year-old laborer fell from a ladder on 1/11/95 while performing construction in Manhattan. The defendants owned and managed the building. The plaintiff was granted summary judgment against the defendant, pursuant to Labor Law § 240(1), and the defendant was granted summary judgment against Third-party defendant.

Injury:

Comminuted and impacted tibial fracture with lateral displacement; transverse fracture of the fibular shaft. The plaintiff underwent open reduction and internal fixation, external fixation, and a bone graft to the fibular fracture from the iliac bone crest.

Result:

This Labor Law action settled after jury selection for $375,000, plus the waiver of a $60,000 Workers’ Compensation lien.

Demonstrative evidence: Pltf. would have introduced photographs of injury; X-rays.

March 07, 2016 Case Success Stories
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$ 450,000 Compensation -- Van Hits Child Pedestrian Crossing the Street

New York — A speeding van struck a young girl who was crossing the street. She sustained an ankle fracture and other personal injuries from the motor vehicle accident. The girl’s family sued the driver and recovered $450,000 in damages, thanks to the specialist accident lawyers of Morrison & Wagner.

Illustrative Photo by Eyone [Licensing cc-by-sa-2.5]

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Driver ignored red light, struck girl, suit alleged (VerdictSearch)

Settlement Amount: $450,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle-fracture (pilon fracture); ankle-fracture (fracture, bimalleolar); other-swelling; other-physical therapy; other-comminuted fracture; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type: Motor Vehicle – Speeding, Red Light, Pedestrian

Date: September 3, 2008

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

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Facts:

On May 13, 2006, the 9-year-old plaintiff was struck by a van. The incident occurred on Jerome Avenue, near its intersection at East Fordham Road, in the Fordham section of the Bronx. She sustained injuries of an ankle and a leg.

The girl’s mother, acting as her daughter’s parent and natural guardian, sued the van’s driver and the van’s owner. The mother alleged that the driver was negligent in the operation of his vehicle. She further alleged that the van’s owner was vicariously liable for the driver’s actions.

The pedestrian accident victim claimed that the driver ignored a red traffic signal, that he was speeding and that he failed to yield the right of way.

The van driver contended that the young pedestrian abruptly walked onto the street and initiated contact with the side of his van. He also contended that she ignored a red pedestrian-traffic signal that should have prevented her entrance to the intersection.

Deposed witnesses did not provide conclusive accounts of the manner in which the accident occurred.

Injury:

The girl sustained a bimalleolar fracture — a fracture of both sides of the ankle’s malleolus, which is the ankle’s bony protuberance. The injury affected her left ankle. She also sustained a pilon fracture of her left leg. A pilon fracture is a comminuted fracture of the lowest portion of a leg’s tibia. Her fractures were treated via open reduction, and she also underwent the internal fixation of a rod that was attached to her left leg’s fibula. The surgeon noted that the girl was suffering some disruption of the associated growth plate, but persistent swelling was the only complication of the healing process. However, the surgeon also noted that swelling may be a precursor to arthritis. The accident victim also underwent about two months of physical therapy.

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

Result:

The parties negotiated a $450,000 pretrial settlement.

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Judge: Wilma Guzman

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

March 07, 2016 Case Success Stories
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$500,000 Mediated Settlement -- Construction Worker Fell From Forklift

New York — A 54-year-old construction and demolition worker suffered a fall injury when he fell from a forklift truck. No safety equipment to prevent this had been issued to the man prior to this accident. He was left with a spinal injury. The injured worker consulted with an expert work injury attorney at Morrison & Wagner, who believed that the man was placed in a dangerous situation by the employer. The law firm helped mediate a $500,000 settlement payment to the injury victim.

Illustrative Photo Credit: D Coetzee [License]

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Worker fractured spine in fall off of forklift (VerdictSearch)

Mediated Settlement Amount: $500,000

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Court: Nassau Supreme, Nassau County, New York

Injury Type(s): back-fracture(fracture, L5); vertebra(fracture, L5); other-physical therapy; other-decreased range of motion

Case Type: Workplace – Forklift; Slips, Trips & Falls – Slips, Trips & Falls, Fall from Height
Worker/Workplace Negligence – Labor Law; Alternative Dispute Resolution – Mediation

Date: September 27, 2010

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

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Facts:

On July 30, 2008, the plaintiff, 54, a laborer, worked at a boatyard that was located in Oceanside. The plaintiff was demolishing an abandoned houseboat. The residual debris was being placed in drums, and the drums were being loaded onto a forklift, hoisted and transported to a dumpster. During the course of that operation, the worker fell off of the elevated prongs of the forklift. He fell about 10 feet, and he sustained an injury of his back.

The injured worker sued the demolition contractor that hired him, the premises’ owner, and the companies’ common principals. The plaintiff alleged that the defendants violated the New York State Labor Law.

The injury victim, who claimed that he regularly worked for the company, contended that the defendants had not provided a harness or any other equipment that could have prevented his fall. The plaintiff’s expert engineer opined that the absence of such equipment created an unsafe working condition.

The injured man’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.

One of the defendants contended that he had directed the company’s supervisor to fire the workman during the day that preceded the accident, but that the supervisor did not heed the instructions. The defendant claimed that he was not aware that the plaintiff had not been fired.

Injury:

The work accident victim sustained a fracture of his L5 vertebra. He was transported to a hospital, where he underwent five days of traction. His hospitalization lasted five days, and he subsequently underwent physical therapy.

The plaintiff claimed that he suffers a permanent residual reduction of his back’s range of motion, and he contended that he cannot resume work. The man’s expert orthopedic surgeon determined that Galvan sustained a severe injury and that the plaintiff cannot ambulate without the use of a cane.

The worker sought recovery of his future lost earnings and damages for his past and future pain and suffering.

The defendant’s counsel reported that he commissioned production of a post-accident videotape that proves that the plaintiff does not require a cane.

Result:

Each side moved for summary judgment, and the defendant’s insurer commenced a declaratory-judgment action that could have established that the insurer’s coverage did not extend to people who were working at the boatyard. During pendency of the motions and the declaratory-judgment action, the parties negotiated a settlement, which was finalized via the guidance of a mediator. The defendant’s insurer agreed to pay $500,000, from a policy that provided $1 million of coverage.

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Judge: Thomas A. Adams, Joseph P. Spinola

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

March 07, 2016 Case Success Stories
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$500,000 Total Settlement -- Woman Claims Emotional Suffering Due to Wrongful Imprisonment, Malpractice

New York — This 27-year-old woman was pregnant when she was arrested in the Bronx. She was then held without bail for 79 days despite the fact that she insisted there was a mistaken identity. She was held based on a warrant out of Kentucky for someone with the same name and date of birth. Her baby was born while the woman was still in jail. The woman contended that her lawyer and the City of New York did not listen to her and were liable for emotional injuries that they caused. She came to the injury law firm of Morrison & Wagner and filed a lawsuit. They negotiated a settlement for $500,000 to compensate the victim.

Illustrative Photo Credit: Sara Jo [License]

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Arrestee claimed lawyer, DA, ignored mistaken-identity proof (VerdictSearch)

Total Settlement Amount: $500,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
mental/psychological – emotional distress

Case Type: Government – Police, Municipalities; Legal Profession – Malpractice; Government – False Imprisonment; Intentional Torts – False Arrest; Worker/Workplace Negligence – Negligent Training

Date: March 21, 2012

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

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Facts:

On Feb. 2, 2007, the plaintiff, a 27-year-old unemployed pregnant woman, was arrested. Firearms, marijuana and a scale — apparently used for the processing of illegal drugs — had been found in her residence, an apartment building that was located in the Concourse section of the Bronx. The plaintiff’s boyfriend, who shared the apartment, was also arrested.

During the processing of the woman’s arrest, a police officer learned that the state of Kentucky had an outstanding warrant for a woman with the same name whose birth date matched that of he plaintiff in the instant case. As such, the the plaintiff was deemed a flight risk and denied bail.

The woman claimed that she was not the woman who was the subject of Kentucky’s warrant. Her lawyer was unable to prove that claim, and the plaintiff’s imprisonment lasted 79 days — until the district attorney determined that the materials found in her department were her boyfriend’s possessions and until Kentucky officials located the woman who was the actual subject of the warrant. During her imprisonment, the woman’s baby was born.

The plaintiff sued the city of New York. She alleged that she was falsely arrested and imprisoned, that the city was negligent in its oversight and training of the district attorney who managed her case, and that the actions of the district attorney and the arresting police officer constituted a violation of her civil rights and allowed recovery via application of 42 U.S.C. § 1983.

In a separate filing, the woman sued her former lawyer. She alleged that he failed to properly defend her case. She further alleged that his failure constituted malpractice.

The cases were consolidated.

The plaintiff claimed that her former lawyer and the district attorney ignored evidence that confirmed that she was not the individual who was the subject of Kentucky’s warrant. She contended that medical, prison and school records demonstrated that she and the other woman had different middle names, different facial features and different skin tone. She claimed that the documents were given to her lawyer and the district attorney, but that neither party’s files or records indicate that a mistaken-identity defense had been asserted or investigated.

The arrested woman also claimed that her former lawyer failed to rigorously assert a defense and instead repeatedly recommended extradition.

The city’s counsel contended that the plaintiff’s former lawyer did not assert a mistaken-identity defense. They claimed that such an assertion would have triggered an immediate investigation. They also claimed that the plaintiff’s fingerprints matched those of the woman who was the subject of Kentucky’s warrant.

The jailed woman’s former lawyer contended that he repeatedly contacted the district attorney’s office to assert a mistaken-identity defense. He also noted that the plaintiff’s imprisonment lasted 79 days — one day short of the state penal code’s 80-day requirement for timely discharges.

Injury:

The plaintiff endured 79 days of imprisonment. Her child was born during her imprisonment.

The woman sought recovery of economic damages and damages for her past and future emotional suffering. Her former lawyer was not legally liable for noneconomic damages.

Result:

The parties negotiated a pretrial settlement. The city agreed to pay $495,000, and the plaintiff’s former lawyer agreed to pay $5,000. Thus, the settlement totaled $500,000.

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Judge: Larry S. Schachner

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel and counsel of the city of New York. The lawyer’s counsel did not respond to the reporter’s phone calls.

March 07, 2016 Case Success Stories
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$500,000 Pre-Trial Settlement for Teen Pedestrian Hit by a Car, Skull Fracture

New York — A teenage boy was struck by a vehicle as he crossed an intersection at a traffic light. The pedestrian accident victim was thrown into the air and suffered a head injury with skull fracture. The team at Morrison & Wagner helped the boy and his mother recover a $500,000 settlement in the lawsuit against the driver and his insurance carriers.

Illustrative Photo Credit: kc7fys [License]

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Motorist, injured teen debated status of traffic signals (VerdictSearch)

Settlement Amount: $500,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
head-fracture; skull; other-craniotomy

Case Type: Motor Vehicle – Pedestrian, Question of Lights

Date: January 22, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY, for the Plaintiff, and son

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Facts:

At about 8:45 p.m. on Jan. 9, 2013, the plaintiff, a 14-year-old boy, was struck by a motor vehicle. The incident occurred on Woodmere Boulevard, alongside its intersection at West Broadway, in Woodmere. The victim was tossed onto a sidewalk, and he sustained an injury of his head.

The teenage boy’s mother, acting individually and as his parent and natural guardian, sued the vehicle’s driver. The plaintiffs alleged that the driver was negligent in the operation of his vehicle.

The victim acknowledged that he ran across the roadway, but he claimed that a green traffic signal permitted his entrance to the roadway. He further claimed that the signal remained green the entire time that he was on the roadway. Thus, plaintiffs’ counsel contended that the boy possessed the right of way.

The boy also claimed that he had crossed all but 3 or 4 feet of the roadway when the impact occurred. Plaintiffs’ counsel contended that the driver should have seen and avoided the pedestrian. An eyewitness claimed to have sounded a vehicle’s horn, to warn the driver and pedestrian, but that neither party reacted. The car driver suffers a cataract and experiences deficits of his audition, and plaintiffs’ counsel contended that the driver should not have been operating a motor vehicle.

The teen suffers a congenital defect that impairs his right ear’s audition. His right ear would have been the one closest to the vehicle that hit him and the witness’s vehicle. The defendant claimed that he stopped at a red signal upon reaching the intersection. He further claimed that the pedestrian boy entered the roadway after the signal had turned green.

Injury:

The pedestrian accident victim sustained a fracture of his skull. He was placed in an ambulance, and he was transported to Nassau University Medical Center, in the hamlet of East Meadow. He underwent an immediate craniotomy, which involved removal of extruded fragments of his skull. His head’s wound was closed via application of staples.

The victim claimed that his injury prevented his attendance of two weeks of school. His doctors have advised that he should avoid activities — such as skiing or playing football — that could result in an injury of his head.

The boy’s mother sought recovery of damages for his past and future pain and suffering. She initially presented a derivative claim, but her claim was not pursued.

Defense counsel contended that the boy recovered within two weeks of the accident.

Result:

The parties negotiated a pretrial settlement. The defendant’s primary insurer tendered its policy, which provided $250,000 of coverage, and the defendant’s excess insurer agreed to pay $250,000. Thus, the settlement totaled $500,000.

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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 07, 2016 Case Success Stories
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$550,000 Payment in Trip and Fall Injury Lawsuit

New York — This 62-year-old man reported that he tripped and fell while walking down a step on private property. He fractured his leg and ankle and required surgery to try to repair the injuries. Unfortunately, he noted, he wasn’t able to return to work due to the injuries and pain. After speaking to a top injury lawyer at Morrison & Wagner, the victim decided to file a personal injury lawsuit against the owner and property manager of the home. They negotiated a $550,000 payment to compensate the man for his injuries.

Illustrative Photo Credit: diskychick [License]

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Landlord ignored broken walkway, visitor claimed (VerdictSearch)

Settlement Amount: $550,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
leg-fracture (fracture, tibia); ankle-fracture (pilon fracture); ankle-fracture distal fibula; other-plate; other-closed reduction; other-pins/rods/screws; other-comminuted fracture; other-decreased range of motion; surgeries/treatment-open reduction; surgeries/treatment-external fixation; surgeries/treatment-internal fixation

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

Date: July 8, 2014

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

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Facts:

During the evening of Oct. 27, 2011, the plaintiff, 62, a factory worker, fell on a walkway of a residence that was located in the Weeksville section of Brooklyn. He sustained injuries of an ankle.

The injured man sued the premises’ owner and the premises’ manager. The plaintiff alleged that the defendants were negligent in their construction and maintenance of the premises’ entryway path. He further alleged that the defendants’ negligence created a dangerous condition that caused his accident.

The injured plaintiff claimed that he tripped while descending a step that led from an entryway path to a sidewalk. The plaintiff’s expert engineer submitted a report in which he contended that a gap had been created by settling, shifting and/or tilting of segmented stones that formed the step’s upper riser. The expert also contended that the step’s flags were misaligned, creating a height differential of about 0.75 inches.

Defense counsel contended that any defects were oriented side by side — not to front to back — and therefore would not have caused a tripping incident. He also contended that the walkway’s damage created merely minimal defects. He further contended that, during a deposition, the plaintiff placed his fall several inches away from the defects identified by the injury victim’s expert.

Injury:

The plaintiff sustained a pilon fracture: a comminuted fracture of the lowest portion of a leg’s tibia, which forms an upper component of the associated ankle. The injury involved his right ankle. He also sustained a fracture of his right fibula’s distal region, which is another component of the right ankle.

The trip and fall victim was placed in an ambulance, and he was transported to Kings County Hospital Center, in Brooklyn. After four days had passed, his fractures were addressed via closed reduction and the application of an external fixation device. Soon thereafter, he underwent open reduction and the internal fixation of hardware that included three screws and six plates. His hospitalization lasted about two weeks.

The plaintiff claimed that he suffers permanent residual pain and a residual diminution of his right ankle’s range of motion. He claimed that he requires use of a cane and that he cannot tolerate prolonged periods in which he is standing or walking. He further claimed that his injuries prevent his resumption of his job.

The man sought recovery of past lost earnings, future lost earnings, and damages for past and future pain and suffering.

The defense’s expert orthopedist submitted a report in which he opined that the plaintiff achieved a good recovery and that he can be gainfully employed.

Result:

Defense counsel moved for summary judgment of liability. During pendency of the motion, the parties negotiated a settlement. The defendants’ insurer agreed to pay $550,000.

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Judge: David I. Schmidt

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.