Author Archives: Morrison Wagner

March 07, 2016 Case Success Stories
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$600,000 Settlement -- Home Health Aid Injured in Nassau Car Crash

New York — A 52-year-old woman who was working as a home health aid suffered severe accident injuries in a car accident. The car was owned by her employer and being driven by a friend of the employer, who both died during the car crash. The injured woman consulted with the expert lawyers of Morrison & Wagner and filed a personal injury lawsuit against the estates of the employer and driver. The estates agreed to pay the injury victim $600,000 in damages.

Illustrative Photo (Altered to obscure license plate and address): Todd Dwyer [License]

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Heart failure, age blamed for fatal car crash (VerdictSearch)

Amount Recovered: $600,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle; other-laceration; other-tendon; severed/torn foot/heel-foot; neurological-nerve damage/neuropathy (nerve damage, peroneal nerve)

Case Type: Motor Vehicle – Speeding, Passenger, Single Vehicle

Date: June 15, 2007

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

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Facts:

On March 26, 2003, the plaintiff, 52, was working as a home health attendant for defendant A, at defendant A’s home in Westbury. On this day, defendant B invited defendant A out to dinner and offered to drive. The three of them go into the garage, and the defendant B sat down in the driver seat of defendant A’s vehicle, while the plaintiff and defendant A got into the back seat. The vehicle then sped out of the garage, down the driveway, turned right and crashed into a house across the street. Defendant B, who was driving, was found unconscious at the accident scene and having sustained multiple injuries. He later died without having regained consciousness. Defendant A was also killed in the accident. The injured plaintiff claimed that as a result of the collision her feet became trapped under the front passenger seat and that she sustained severe lacerations of her right ankle and toes.

The woman accident victim sued defendant A’s estate and defendant B’s estate. She alleged that defendant B, as the driver, was negligent in the operation of the vehicle and that defendant A, as the vehicle owner, was vicariously liable for defendant B’s actions.

Defendant A’s estate commenced a separate action against defendant B’s estate, alleging that defendant B was negligent in the operation of the vehicle. The matters were joined for trial. However, the action by defendant A’s estate settled on Sept. 25, 2006, and the plaintiff’s matter continued against both defendants.

The woman claimed that defendant B was negligent for pulling out of the garage and driveway at an excessive rate of speed and for failing to keep proper control of the vehicle. Plaintiff’s counsel argued that defendant B should not have been driving at his advanced age of 86.

Defense counsel alleged that defendant B suffered a stroke or heart attack once he was behind the wheel and that this caused defendant B’s erratic driving. The defense contended that since this was an unforeseen event, there was no liability. Plaintiff’s counsel argued that there was no medical evidence to prove that defendant B had suffered either a heart attack or stroke.

Injury:

The plaintiff was placed in an ambulance and transported to Winthrop-University Hospital, in Mineola. She remained in the hospital for eight days and was diagnosed with compound lacerations of the dorsal aspect of the right foot, including lacerations of the extensor digitorum communis tendons and extensor digitorum brevis tendons of toes 2 through 5, and a laceration of the peroneal nerve in the right ankle. The car crash victim underwent operative repair of the peroneal nerve injury the day after the accident, followed by approximately 26 weeks of physical therapy, but she complained that it was not successful.

The plaintiff claimed that the lacerations of her right ankle and toes caused a loss of function to the long extensors of the lateral toes. She alleged that she was left with a club foot and had trouble walking. She sought recovery of damages for her past and future pain and suffering.

Defense counsel contended that the plaintiff made a good recovery from her injuries following the surgery. The defendant’s orthopedic expert determined that the surgery was successful and that the woman’s toes were OK. However, he found that she did experience a loss of sensation to the lateral two-thirds of her right foot due to the peroneal nerve laceration. He determined that the plaintiff could not actively extend her lateral toes, but that they were in a neutral position and did not curl downward or upward. Thus, the expert concluded that the woman did not suffer a disability.

Result:

The parties agreed to settle prior to trial for $600,000. Of the total settlement, defendant B’s estate paid $500,000, and defendant A’s estate paid $100,000.

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Judge: Howard R. Silver

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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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]

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

Actual Award: $1,050,000

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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

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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

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Judge: Richard Velasquez

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

March 02, 2016 News
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Pedestrian accident leaves child with traumatic brain injury

New York – The driver of a car in Nassau County, Long Island apparently hit a pedestrian as she was crossing the street over the weekend. The victim, only 10 years old, was struck by a car and suffered a severe head injury. She was rushed to the emergency room of a hospital and listed in critical condition according to doctors. The accident victim was diagnosed with a traumatic brain injury but it is unclear how much brain function was affected. The car accident in under investigation, with investigators looking into the mechanical functioning of the car as well as the actions of the driver.

Trauma specialists explain that a head injury can cause a concussion, loss of consciousness and intracranial hemorrhage. Each of these may be classified as a traumatic brain injury and further investigation and treatment is crucial. A simple concussion may lead to post-concussional syndrome that can leave the victim disabled and unable to function. In addition, intracranial bleeding can lead to a person needing emergency surgery and a coma. Recent research on the topic of traumatic brain injuries in children suggests that treatment can be improved using nutrition. However, the victims and their families can be left with lifelong medical bills, pain and suffering. If you or someone you know suffered a head injury, you have the right to discuss the details of your case with an injury attorney.

Illustrative Image by U.S. Navy photo by Tom Watanabe. [Public domain], via Wikimedia Commons

February 15, 2016 News
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New York City crane collapses, injures man

New York – Investigators continue to look into the terrifying crane collapse that occurred in the middle of the Tribeca neighborhood of Manhattan’s downtown. Videos from the crane accident show that a crawler crane fell over and crashed across several city blocks. The heavy steel tower of the crane was apparently swinging a wrecking ball before it tipped over and crushed several cars beneath it. Rescue crews rushed to the accident scene and treated a man for crush injuries that he suffered after being trapped in his car. It is unclear as to what caused the equipment failure, with some pointing out that there was a light snow fall and winds that may have knocked it over. However, city officials were looking into whether or not construction safety protocols were followed and if any negligence was involved.

New York City has recently seen quite a few crane accidents, including another one involving the same crane company last year. That previous accident sent a heavy load of a metal air conditioning and heating unit crashing down into the side of the building. Ten injury victims were treated following that accident and an investigation opened into the cause. The mayor and city council have now started pushing for stronger penalties for construction companies that violate crane safety guidelines. Activists hope that this may prevent negligent maintenance and other violations that lead to accidents, injuries and death. You can find out more about this safety push here.

Illustrative Photo Credit: Jason Kuffer [License]

January 29, 2016 News
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Trip and fall accident in Bronx elevator

New York – A senior citizen in the Bronx tripped and fell in an elevator that had just been repaired the day before. The injury victim suffered a fatal head injury and died of his wounds in the hospital the next day. The man reportedly tripped on his way into the elevator because the elevator floor wasn’t level with the hallway floor. Reports show that the location where the elevator accident occurred is a city public housing apartment building owned and operated by the New York City Housing Authority (NYCHA). The elevator apparently was serviced by workers of NYCHA the day before the slip and fall injury. Tenants of the building noted that they had been complaining about the broken elevator and the dangerous condition that it presented for many years. The repairmen replaced a part and claimed that it was safe for use after their inspection. However, public advocates state that this was obviously not the case. In fact, they point to the fact that after the man was fatally injured, the city inspector noted that the replaced part was a faulty part and likely caused the accident. They believe that the part malfunction caused a trip hazard that was not evident to the victim when the elevator door opened. Activists warned that there is a problem with regular negligent maintenance in the public housing buildings and this must be dealt with to prevent further injuries and wrongful death. You can check this article out for more about this fall injury.

Illustrative photo from Public Domain [License]

January 18, 2016 News
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Bus passenger ejected through windshield after driver makes short stop

New York – Officials explain that a private tour bus was driving into Manhattan when it suddenly stopped short, sending a passenger slamming into the windshield. The driver of the charter bus stated that he had to make the sudden stop when he realized that he was coming up to a red light. It is unclear how fast the bus was traveling at the time of the accident. The victim then crashed through the window and fell on the street, causing multiple injuries, including a head injury. The injured man apparently fell out of the window, which did not shatter but rather broke away from its frame. Safety activists familiar with the bus accident note that the windshield equipment should be investigated to find out why it failed. Negligent installation as well as improper maintenance could be responsible but a dangerous manufacturing defect must also be ruled out. Although some witnesses didn’t think the bus was speeding, police were also looking into why the bus driver had to stop short. Officials will also look into whether or not all safety standards were being followed prior to the injury. The injured bus passenger was taken to the hospital for evaluation in the emergency room. You can find out more here.

Illustrative photo credit: Chris Sampson [License]

January 06, 2016 Case Success Stories
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$ 425,000 Mediated Settlement – Pedestrian Struck by Car While on Sidewalk

A car jumped the curb while exiting a parking lot, hitting a 61-year-old woman who was standing on a sidewalk in Queens, New York. The injuries that she sustained during the crash included a hip injury and pelvic fracture that required surgery to implant a metal pin to repair the broken bone. She was hospitalized for in-patient rehabilitation with physical and occupational therapy for 3 months. The pedestrian accident victim was left with chronic pain, decreased range-of-motion and will likely develop post-traumatic arthritis in those areas, according to her treating doctor. The woman filed a lawsuit against the driver for negligent operation of a vehicle, claiming that this negligence is what caused the accident and her permanent injuries. The driver of the car claimed that he had lost consciousness just prior to the car crash and should not be held responsible for the accident. However, the car accident victim secured the services of Morrison & Wagner LLP, who helped mediate a pre-trial settlement of $425,000 for her injuries as well as her residual pain and suffering. For more of our success cases please check out this link.

Illustrative photo by Nevit Dilmen © [CC BY-SA 3.0 or GFDL], via Wikimedia Commons

December 29, 2015 News
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Repeat dog attack in Brooklyn leaves questions about citizen safety

New York – Another pit bull attack occurred in a residential neighborhood of Brooklyn. This time the assault was on another dog but only a few years ago the attack was on a restaurant owner at the same residence. In the 2010 episode, the worker suffered severe injuries during the attack, when three pit bull dogs belonging to the same home owner lunged at the victim. The man was mauled by the dogs and taken to the emergency room for bite and crush injuries. Citizens in the city have expressed concern regarding the safety of people who live and work in the area. Some have asked why the dogs haven’t been taken away from their owner, saying that it’s negligent to allow them to continue to roam free after they have been known to injure people. They exclaim that pedestrians, bicyclists, workers, children, dog walkers and many others are at risk for being attacked by a dog. This constitutes a dangerous condition that puts everyone at risk or injury or death. The police have apparently determined that they can’t do anything since the assaults have taken place on private property. However, community activists warn that city officials, including police, bear some of the responsibility along with the dog owner who allows the dogs to roam around without a leash or muzzle. They note that the next dog attack victim may suffer even more injuries or even wrongful death. In the meantime, the public is being urged to file a civil lawsuit, such as a personal injury lawsuit, if they were injured by a dog. A victim who was bitten by a dog can speak to an experienced attorney to learn more about his or her rights. Find out more about this dangerous situation here.

Illustrative Photo Credit: BoostinChick [License]

December 17, 2015 News
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Hit-and-run car crash in Far Rockaway leaves pedestrian with critical injuries

New York – Police in Queens, NY explain that a young woman car accident victim is left fighting for her life in the hospital after being hit by a car. The pedestrian was walking along when a speeding driver struck her and sent her flying approximately 10 feet in the air. Witnesses say that the victim was left unconscious and with multiple severe injuries from the accident. She was treated on the scene by paramedics and taken by ambulance to the hospital emergency room where she was admitted. The car then continued speeding away from the accident scene and was followed by two good Samaritans. The bystanders called police, who arrived to arrest the suspect and impound his vehicle. They have charged the driver with multiple counts, including leaving the scene of an accident with injuries.

Officials in New York City have become quite concerned about hit-and-run accident incidents and have promised to crack down on the problem. They are now considering increasing the fines and penalties for a driver who flees the scene of a collision. They hope that this will prevent further incidences. A top injury law firm in Manhattan has been fighting for a crackdown against hit-and-run drivers. They explain that these drivers must face stiff penalties, including imprisonment, loss of a driver’s license, fines and streamlined personal injury lawsuits filed against them. You can read about the city council’s current proposal to double the fines against these negligent drivers due to this recent pedestrian accident here.

Illustrative photo by Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

November 30, 2015 News
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New York City construction accidents on the rise with inadequate safety

New York – Fast-paced building and renovation work in the city with a disproportionate increase in construction injuries and deaths has been noted recently. Worker safety experts explain that there has been a notable increase in the amount of construction but they fear that safety has fallen by the wayside. This can create a hazardous condition for workers as well as innocent passersby. Inspectors point to the fact that they have recorded many more construction deaths as well as worker injuries on construction sites. However, the statistics show that the accidents and injuries are not proportionate with the increased work volume. In addition, they note that many of the injured workers are undocumented laborers without proper worker’s comp insurance coverage by the employers. It has been suggested that this may point toward bosses pushing their employees to work too fast and not spend time and money on safety precautions. Regulations mandate employers to provide a safe work environment to ensure employee protection and to mitigate on-the-job dangers. Not doing so can make indicate a negligent employer with respect to the injury of a worker or bystander, and therefore liable for bodily injuries and wrongful death.

For an example of recent construction site disasters, see this article about a collapsed ceiling that hurt two workmen. You can also refer to this article about the rise in work injuries in New York building zones.

Illustrative Photo Credit: John Hoey [License]