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.
November 04, 2015 Case Success Stories
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$500,000 for Injured Worker After Ceiling Collapsed On Her

Ms. Padilla was at work when the ceiling suddenly fell down onto her. She sustained injuries during the accident to her shoulder and spine. The injured victim underwent a complicated operation on her shoulder to repair the damages but never fully recovered. Her doctors sent her for physical therapy for the neck and back injuries as well as her shoulder injury. After being referred to the winning New York law office of Morrison & Wagner LLP, she explained the case to her accident attorney. Her experienced lawyer contacted all of the treating physicians and gathered the necessary details in order to file a premises liability lawsuit.

The team at Morrison & Wagner guided Ms. Padilla throughout the injury lawsuit and they succeeded in getting a settlement of $500,000 for the injury victim. Read about more premises liability cases and their successful outcomes here.

Photo by M. T. Harmon [Public domain], via Wikimedia Commons

May 10, 2015 Case Success Stories
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$ 500,000 Payment for Slip & Fall Head Injury

A restaurant provided poor lighting and handrails for restaurant visitors. Consequently, one person had a slip and fall, injuring the head and experiencing subdural hematoma. The victim sued the restaurant and won one half a million dollars for personal injuries, thanks to New York’s finest injury lawyers. Read about this $4.5 Million Slip and Fall accident.

 

Photo by U.S. Navy photo by Mass Communication Specialist 2nd Class Michael C. Barton [Public domain], via Wikimedia Commons

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

February 14, 2017 Case Success Stories
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$375,000 Mediated Settlement — Passenger in Motor Vehicle Accident Receives Compensation

New York – This 39-year-old woman was injured as a passenger in a vehicle involved in a car crash with a second car in 2013. She suffered multiple injuries, including a bowel perforation due to a seatbelt injury and broken bones. She filed personal injury claims against the drivers of the two vehicles with the help of the injury law specialists of Morrison & Wagner. They helped negotiate a settlement of $375,000.

Illustrative Photo Credit: Dino Kuznik [License]

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Intersection collision caused bowel perforation (VerdictSearch.com by Priya Idiculla)

Mediated Settlement: $375,000

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Court: Suffolk Supreme, Suffolk County, New York

Injury Type(s): bowel/colon/intestine, perforation; scar and/or disfigurement; abdomen; fracture, radius; fracture, distal; fracture, metatarsal; fracture, wrist; wrist; fracture, toe; hyperpigmentation; keloid; physical therapy

Case Type: No-Fault Case — Motor Vehicle — Passenger — Motor Vehicle — Intersection

Date: November 2, 2016

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

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Facts & Allegations:
Around 6 p.m. on May 1, 2013, the plaintiff, 39, a factory worker, was a front seat passenger in a 1998 Nissan operated by Defendant A., 23. As the vehicle was travelling westbound on Rappo Drive and approaching the intersection of Simeon Wood Road, in Islip, Suffolk County, a 2012 Hyundai operated by Defendant B who was travelling east bound on Rappo Road, made a left turn in front of the Defendant B’s vehicle. The front of Defendant A’s vehicle collided with the driver’s side door of Defendant B’s vehicle.

The Plaintiff sustained injuries to her abdomen, left non-dominant wrist and right foot.

Plaintiff sued both defendants. In a consolidated case, Defendant A, through different counsel, sued Defendant B, but the case settled.

Plaintiff contended that the defendants were negligent in the operation of their vehicles.
The intersection was controlled by a traffic signal. The traffic signal was green for travel on Rappo Road. A witness statement obtained by the police indicated that Defendant A’s head was down as she entered the intersection and there was speculation that she may have been looking down at her cell phone when the accident occurred.

Plaintiff contended that Defendant B was negligent in attempting a left turn across oncoming traffic. Plaintiff further contended that Defendant A was negligent in failing to take any evasive action to avoid the accident and for being inattentive.

Defendant A claimed she had the right of way, and therefore Defendant B was negligent in making a right turn and failing to yield to oncoming traffic. Defendant B claimed that Defendant A was not paying attention while she entered the intersection.

Injuries/Damages
As a result of the impact and the pressure to her abdomen due to the seatbelt, the Plaintiff perforated her bowel. She also sustained a fracture to her left distal radius, and fractures to her right metatarsals, 1 through 4. The plaintiff also sustained pigmentation of her skin near her upper cheek as a result of the air bag deploying. The injured plaintiff was taken by ambulance to Southside Hospital for repair of the small bowel perforation. She underwent an emergency laparoscopy and small bowel repair on May 1, 2013. She remained in the hospital for six days. After discharge from the hospital she underwent physical therapy for her radial and toe fractures, which lasted until December, 2013.

Her wrist fracture was casted, and she wore a CAM Walker boot for her right toe fractures. She is left with keloid scarring along the abdomen. The plaintiff claims she has trouble now when lifting things with her left hand, and that when there is any pressure on her abdomen, she has pain. This includes that she can no longer sleep on her stomach, as it causes her irritation. The plaintiff missed three weeks of work after the accident and has since returned to work.

Result
As the case was proceeding to jury selection, Judge Paul Baisley negotiated a settlement of $375,000 with the insurance carrier for Defendant A tendering their $25,000 policy, and with the insurance company for Defendant B paying $350,000.

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Judge: Judge Paul Baisley

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel for Defendant A. Defense counsel for Defendant B did not respond to the reporter’s phone calls. Counsel for Defendant A in her consolidated case declined to contribute.

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 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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$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.

July 15, 2015 Case Success Stories
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$340,000 Compensation - Surgical Error - Young Woman Suffers Colon Perforation After Routine Surgery

Brooklyn, NY – – Jane Doe was 21 years old when she went for a routine gynecological surgery to remove cysts from her ovaries in February of 2010. However, she had to return to the Brooklyn, New York hospital approximately a week later due to severe pain from a perforation of her bowel. The injury to her large intestine quickly worsened into peritonitis, a dangerous infection in her abdomen and pelvis.

Ms. Doe continued to suffer and required multiple operations to help correct the apparent surgical mistake. She asserted that the hole in her bowel occurred due to doctor negligence and therefore filed a medical malpractice lawsuit. After consulting with a top medical malpractice lawyer, she further contended that the Ob-Gyn surgeon delayed treatment due to failure to diagnose the complication from the operation.

Following negotiation with the defendants, the malpractice victim was given a $340,000 settlement. For further details on this case, please see the full article below.

Illustrative photo by U.S. Air Force photo by Airman 1st Class Benjamin Stratton [Public domain], via Wikimedia Commons 

November 18, 2015 Case Success Stories
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$350,000 – Premises Liability – Slip & Fall Causes Ankle Fracture

When D. Kustov was 33 years old, she had a slip and fall accident while walking on private premises in Jamaica, New York. The accident caused her to break a bone in her ankle that required an open reduction internal fixation operation. The pain, swelling and difficulty walking remained and she was confined to bed for several weeks. Over that time, Ms. Kustov discussed her legal rights with the preeminent slip and fall injury lawyers of Morrison & Wagner, LLP in Manhattan. A grievance was filed against the property owner for negligent maintenance, along with a lawsuit for financial compensation. They asserted that the owner’s negligence created a dangerous condition that directly caused Kustov’s fall and injuries. After meticulous negotiation, the ankle injury victim won a settlement of $350,000 from the landlord of the property.

Read about more trip and fall cases here and here.

Photo by Wkc3 (Own work) [Public domain], via Wikimedia Commons

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.