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.
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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$297,500 Pre-Trial Settlement for Injuries From a Trip and Fall Accident in Queens

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

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

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Damaged driveway a hazard, plaintiff claimed (VerdictSearch)

Settlement Amount: $297,500

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Court: Queens Supreme, Queens County, New York

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

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

Date: January 17, 2011

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

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Facts:

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

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

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

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

Injury:

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

Result:

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

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Judge: Valerie Brathwaite Nelson

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

July 31, 2015 Case Success Stories
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$225,000 Jury Verdict – Queens Car Crash Causes Neck, Back and Shoulder Injuries

Queens County – John Doe was the driver of a car that was involved in a car collision with another vehicle in the Fall of 2010. The other vehicle made a left turn and slammed into the driver’s side of Doe’s car, causing damage to both vehicles as well as personal injuries. The car accident occurred only steps away from his house, so Mr. Doe went home, hoping that the pain would get better on its own.

Unfortunately, Doe’s accident injuries didn’t go away so he began treatment and regular visits with a doctor. His injuries included neck and back pain as well as a torn rotator cuff shoulder injury. Conservative treatment with physical therapy did not solve his pain and suffering, leading to the need for an arthroscopic surgery on his shoulder. Despite all of his medical care, the car crash victim was left with significant pain and unable to function normally at work.

Mr. Doe turned to a team of expert accident lawyers https://morrisonwagner.com/about-us/ who reviewed the case and helped Doe file a personal injury lawsuit against the driver of the other vehicle. They claimed that the defendant’s negligent driving caused the motor vehicle collision and Doe’s injuries. Following a jury verdict, Doe was awarded $225,000 for pain and suffering from the injuries. For more details on this case, read the expanded article below.

Illustrative photo by W. Robert Howell from Charlotte, NC, United States (still here.) [CC-BY-SA-2.0], via Wikimedia Commons

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Car Crash Caused Shoulder Woes, Restaurateur Claimed (VerdictSearch.com, by Priya Idiculla)

Verdict: $225,000
Net: $100,000

Facts & Allegations:
In September of 2010, plaintiff John Doe, 43, a restaurant’s owner, was driving in the Briarwood section of Queens. While Doe was proceeding through the intersection, his vehicle’s left side was struck by a vehicle that was being driven by Mr. Jack Smith, who was executing a left turn. Doe’s vehicle was propelled across the intersection. Doe claimed that he sustained injuries of his back, his neck and a shoulder. Doe sued Smith. Doe alleged that Smith was negligent in the operation of his vehicle. Liability was decided via summary judgment. The matter proceeded to a summary jury trial that addressed damages.

Injuries/Damages:
neck; derangement, shoulder; rotator cuff, injury (tear); arthroscopy; physical therapy; soft tissue; back; massage therapy

Doe refused immediate medical attention, and he returned to his home, which was located some 50 feet from the scene of the accident. After some two hours had passed, he presented to a medical clinic. He claimed that he was suffering pain that stemmed from his back, his left, non-dominant arm’s shoulder and his neck. He underwent minor treatment.

Doe ultimately claimed that he sustained derangement of his left shoulder, two small tears of the same shoulder’s rotator cuff, and injuries of soft tissue of his back and neck. Photographs of his vehicle depicted damage in the area in which his left shoulder would have been situated. Doe immediately commenced a course of conservative treatment that included massages, physical therapy, and the application of cold and hot packs. The treatment lasted about six months. On Nov. 4, 2010, he underwent arthroscopic surgery that addressed his left shoulder.
Doe claimed that his injuries prevented his performance of about six months of work. He also claimed that his left shoulder remains painful, that the pain is permanent and that it limits his performance of his work duties. His restaurant is located in South Carolina. He claimed that he alternately spends 10 days in New York and 20 days working in South Carolina. He further claimed that he previously drove to and from work, but that his residual effects necessitate his use of air transportation, at a greater cost.

Doe sought recovery of $100,000 for past pain and suffering and $125,000 for future pain and suffering.

The defense’s expert orthopedist submitted a report in which he opined that Doe’s injuries were degenerative conditions that predated the accident. The expert reviewed the results of a post-accident MRI scan of Doe’s left shoulder, and he opined that the test revealed minor bursitis and minor tenosynovitis, which involves restrictive inflammation of the sheath of a tendon. The defense’s expert radiologist submitted a report in which he opined that the test did not reveal an abnormality. Defense counsel noted that Doe refused immediate medical treatment, did not present to a hospital and immediately resumed work.
The defense’s expert orthopedist also opined that Doe’s surgery was unnecessary. He contended that an additional month of physical therapy could have averted the need for surgery.

The parties stipulated that Doe’s damages could not exceed $100,000.

Result:
The jury found that Doe’s damages totaled $225,000, but Doe recovered the stipulated limit: $100,000.

Editor’s Note:
This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the reporter’s phone calls.

November 17, 2015 Case Success Stories
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$250,000 Payment to Passenger Injured in Truck Accident

Ruth Pianka, a 57-year-old bookkeeper, was a passenger in a truck when it was rear ended in a motor vehicle crash in the Washington Heights section of New York City. She sustained multiple injuries during the truck accident and was treated in the emergency room and then by several specialist doctors. The doctors diagnosed injuries of her shoulder, hip and knee. The crash victim also had neck and back injuries with significant pain. She underwent a shoulder surgery and endured therapy as well. The pain and injuries persisted and she developed emotional injuries in addition to the physical injuries.

Soon after the accident, Ms. Pianka spoke to friends in the neighborhood who recommended she contact the experienced car accident lawyers at Morrison & Wagner, LLP. They assisted the truck accident victim and filed a personal injury lawsuit in Kings County Supreme Court. The case named both the owner of the truck and the driver of the car that hit them as defendants. After negotiation, the defendants agreed to settle the case, paying Ms. Pianka $250,000 for her injuries, pain and suffering from the rear-end accident.

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

November 13, 2015 Case Success Stories
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$200,000 Award to Family of Pedestrian Killed by a Snow Plow

Ms. McCullough was 70 years old when she was struck and killed by a snow plow truck in February. She was crossing the street when the truck accident occurred, leaving her with fatal injuries. The woman’s two daughters were left heartbroken without their mother. They turned to the well-known accident law firm of Morrison & Wagner, LLP for advice. After full consultation on the case, they sued for wrongful death, contending that the truck driver was negligent and caused the crash. The demand for financial restitution explained that the pedestrian accident could have been avoided if the negligent driver was more careful and in better control of his vehicle. The skilled accident attorney successfully negotiated a settlement and the defendants conceded to compensate the accident victim’s family $200,000.

If you or someone you know was injured due to someone else’s negligence, you have the right to contact an experienced injury lawyer.

Photo by Michael Rieger (from the FEMA Photo Library.) [Public domain], via Wikimedia Commons