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$ 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

$ 1,300,000 Settlement - Motor Vehicle - Driver Didn't Yield Right of Way, Hits Two Pedestrians

A 38 year-old a seamstress, and her 9 year-old daughter, were struck by a van while crossing an intersection in the Jamaica section of Queens, New York. The child was killed. Her mother claimed that she sustained jaw and knee injuries. The victim’s family sued the van’s driver, the van’s owner, Professional Charter Service Inc.; the company that operated the van, Consolidated Bus Transit Co.; the city of New York, the Manhattan and Bronx Surface Transit Operating Authority, the New York City Board of Education and the New York City Transit Authority. Justice prevailed.


Photo by David Shankbone [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

$ 850,000 Settlement - Premises Liability - Woman Trips on Sidewalk's Protruding Oil-Line

A 60 year-old department stores counter person, tripped on an oil-supply-line cap that was protruding from the surface of a sidewalk that was located in the Astoria section of Queens, New York. The woman fell and sustained an elbow injury. She sued the adjacent property’s owners, the property’s former oil vendors, Gotham Petroleum Transport Inc. and Petro Inc.; and the property’s current oil supplier, Castle Oil Corp. The woman alleged that the defendants created a dangerous condition.


Photo by Rakesh.5suthar (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

$800,000 Result - Motor Vehicle - Bus Made Turn and Caused Car to Hit Pedestrian

A 35 year-old 35 customs agent was driving on 150th Avenue, near 148th Street in the cargo area of John F. Kennedy International Airport in Queens, N.Y. He approached the intersection with a green traffic signal. A New York City Transit Authority bus traveling in the opposite direction made a left turn in front of him, causing the two vehicles to collide. The victim sued the New York City Transit Authority and the bus driver. He claimed that the driver should have seen his car and yielded.

$ 617,000 Construction Settlement - Mason Sustained Ankle Fracture in Fall Off Scaffold

A 31 year-old mason was working at a construction site on Hoe Avenue in the Bronx. In the course of the day, he performed work that required the use of an 8-foot high scaffold. As the man was transferring cinder blocks from a forklift onto the scaffold’s top platform, he fell to the ground, injuring his ankle. The injured mason sued the building’s owners, Home Assistance Technicians Inc and Atlantic Development Co; the general contractor, K & J Construction Company; and the building’s alleged managing agent, Jeffrey M. Brown Associates. The man claimed that the incident was an elevation-related accident, as defined by Labor Law § 240, and that he was not provided proper safety equipment, as required by the statute.


Photo by Paul Keheler (flickr) [CC-BY-2.0], via Wikimedia Commons

$ 605,000 Mediation - Premises Liability- Parking Lots Speed Bump Not Visible to Shopper

A 47-year-old insurance underwriter dropped her car off to be repaired at a discount auto repair shop that is located in Brooklyn, New York. When she returned to pick up her vehicle, the woman was directed to where she could get it. As she headed over to her car, she tripped over a speed bump and fell. The injured woman claimed that she sustained fractures to her teeth resulting in tooth loss and other dental problems. She sued the property’s owner and its business entities. The woman alleged that the defendants were negligent in their repair and/or maintenance of the parking lot, that they negligently failed to warn of the speed bump, and that their negligence created a dangerous condition.


Photo by Nhl4hamilton [Public domain], via Wikimedia Commons

$ 1.9 Million Verdict Upheld -- NY Personal Injury Lawyer Proves Bus Injury Caused Traumatic Brain Injury for 79 Year old Woman

A 79 year old woman was struck by a NY City bus while crossing at a pedestrian crosswalk. the woman suffered severe brain damage, pain and suffering. The jury concluded that the bus driver was fully responsible for the personal injury. Other injuries include impaired thinking, speech abilities, severely limited memory, and constant dependency on a home health aide. Morrison & Wagner LLP, a top NY personal injury lawyer firm, won the woman’s case, and maintained the woman’s $1.9 Million award in the appellate courts. Read the full details of the brain injury case here.

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

Subway accident in New York City killed one woman and injured another man

An 18 year-old woman was hit by a New York City Transit subway train in a horrible accident. She was struck by the train in Astoria, Queens and investigators are trying to find out why she was there. There are questions if she suffered a slip and fall on the tracks. Another possibility is that she went on to the tracks to get something. Officials are looking at why a person even had access to get on the dangerous train tracks. A man who tried to help her up was also hit and injured in this subway accident. Advocates for New York City Transit Authority riders point out that accidents involving trains and busses occur too often. This pedestrian was hit by a New York City Transit Authority bus and suffered a traumatic brain injury. She was awarded $1.9 Million for her injuries in that bus accident and the award was upheld earlier this year. Some transit users are concerned that New York subway and bus drivers should be more in control of their vehicles to prevent future injury and death. Some note that transit officials should do more to prevent common slip and fall injuries as well. This woman was also injured in Astoria, Queens when she tripped and fell on the sidewalk. Her premises liability lawsuit settled for $850,000.  Full story on the recent subway accident death and injury here.

New law in New York after delivery van killed 2 in pedestrian accident

A delivery van motor vehicle accident last year killed 2 children in lower Manhattan, New York City. The victims were pedestrians walking on the sidewalk when they were hit by the negligent driver in the accident. A new law  with harsher penalties for unsafe drivers is in the works and ready to be signed. New York State Governor David Paterson is expected to sign the law that punishes drivers and protects victims. Negligent drivers can face a fine of $750 or jail time for the first time they cause a pedestrian injury or injure a bicyclist in a motor vehicle accident. The second offense brings the possibility of misdemeanor charges. A local auto accident attorney explains that these penalties are in addition to any possible injury lawsuit that may be filed. New York lawmakers hope this law will prevent reckless driving that causes many accidents, injuries and wrongful deaths on NY roads. They note that too many pedestrian injuries have been caused by dangerous drivers, like the wheelchair pedestrian who was struck last year. More tips on preventing pedestrian injury are available here. More details on New York State’s upcoming motor vehicle law are online here.

New York City bus driver will have his day in court after suffering head injury in assault at work

A Brooklyn, NY bus driver was assaulted in an on the job injury. He was driving his usual route when a passenger assaulted him causing an injury to his head. The man who assaulted him was recently indicted in court. The injured victim continues to suffer with headaches, an eye injury, neck pain and back pain from the vicious attack. Bus drivers in New York City complain that assault is not the only type of work injury they are exposed to regularly. Other common workers comp injuries include motor vehicle accidents and slip and fall injuries. This worker also suffered a job injury and won a large settlement in his court case. New York personal injury lawyers report that assaults account for a good percentage of personal injury lawsuits. One man filed a lawsuit case and won after an assault with a pool cube. If you have suffered a personal injury from an assault contact an experienced attorney to find out your rights. Get the full scoop on the injured bus driver here.