|$21 MILLION||Bronx jury awarded 50 year-old truck driver who slipped and fell on loading platform|
|$12.6 MILLION||Manhattan jury awarded women injured in a New York City bus accident|
|$11.8 MILLION||Brooklyn jury awarded to a 62-year-old man who was struck by a New York City police car|
|Brooklyn jury awarded 41 year-old man for back injuries received in a car accident|
|$10 MILLION||Queens recovery for wrongful death|
|$9.7 MILLION||Bronx jury awarded 63 year-old school custodian worker for burns received from faulty water heater|
|$9 MILLION||Jury award to driver for back injuries that resulted from a motor vehicle accident|
|$8.7 MILLION||Queens 52 year-old man awarded for injuries sustained in motor vehicle accident with two tow trucks|
|$8 MILLION||Manhattan jury awarded woman for back injuries sustained from a kitchen ceiling collapse|
|$7.7 MILLION||Brooklyn settlement boy struck by school bus|
|$7.5 MILLION||Brooklyn jury awarded 2 Brooklyn women for injuries sustained in accident with NYC Transit bus|
|$5.85 MILLION||Awarded for injuries sustained in a construction accident|
|$5.5 MILLION||Queens awarded family of man run over and killed by Port Authority Bus|
|$5.52 MILLION||Brooklyn settlement due to landlord negligence and injuries due to fire|
|$5 MILLION||Suffolk County settlement fall down|
|$5 MILLION||Orange County Car accident|
|$5 MILLION||Manhattan recovery for a pedestrian struck by Transit Authority vehicle|
|$4.6 MILLION||Brooklyn recovery for 58 year old pedestrian struck by NYPD police car|
|$4.5 MILLION||Brooklyn; Hasidic man hit by police car, shoulder fracture|
brain injury, hearing loss
|$3.2 MILLION||Settlement for woman who was struck by car while crossing the street|
|$3 MILLION||New York Construction worker injured when roof working|
on fell 20 feet causing injury to ankle and back
|$3 MILLION||Brooklyn recovery for 56 year old Williamsburg man hit by New York City Parks Department Truck|
|$2.8 MILLION||New York man fell off scaffold, arm injury|
|$2.5 MILLION||Brooklyn verdict for mva knee injuries|
|$2.5 MILLION||Verdict in Brooklyn for motor vehicle accident (the verdict was delivered only 2 years after the accident)|
|$2.12 MILLION||Settlement from City of New York for client who fell|
|$2 MILLION||Brooklyn motor vehicle accident, back injuries|
|$1.8 MILLION||Brooklyn verdict for spinal injuries|
|$1.8 MILLION||Brooklyn family car accident|
|$1.75 MILLION||New York motorcycle accident, broken legs|
|$1.6 MILLION||Bronx woman passenger car accident, herniated disc|
|$1.6 MILLION||Brooklyn motor vehicle accident, knee injuries|
|$1.55 MILLION||Settlement for man who was injured when he tripped and fell on a broken floor around a metal plate|
|$1.55 MILLION||Bronx premises, puncture wound|
|$1.5 MILLION||Settlement for motor vehicle negligence case in Brooklyn|
|$1.5 MILLION||Settlement for the Brooklyn motor vehicle accident|
|$1.5 MILLION||Bronx settlement vs City of New York mva for leg injuries|
|$1.5 MILLION||Settlement from City of New York for victim who was struck by police car|
|$1.5 MILLION||Brooklyn man jumped out of stalled elevator|
|$1.5 MILLION||New York pedestrian knockdown, herniated disc, knee injury|
|$1.5 MILLION||Bronx slip and fall Transit Authority, back injury|
|$1.5 MILLION||Brooklyn trip and fall, back injury|
|$1.45 MILLION||Settlement from City of New York for trip and fall on sidewalk|
|$1.3 MILLION||Awarded to the victim of a slip-and-fall on snow and ice|
|$1.28 MILLION||Bronx slip and fall, torn ligament in knee|
|$1.3 MILLION||New York motor vehicle, knee fracture|
|$1.27 MILLION||New York ceiling collapse, should injury|
|$1.2 MILLION||Brooklyn man slip and fall on ice|
|$1.2 MILLION||New York vs NYCTA for failing to drop off a passenger safely ankle injuries|
|$1.2 MILLION||Rockland passenger motor vehicle, spinal injuries|
|$1.2 MILLION||Settlement for a man who was in a car collision with a bus|
|$1.15 MILLION||Brooklyn slip and fall, leg fracture|
|$1.05 MILLION||Queens motor vehicle, neck and back injuries|
|$1.01 MILLION||Bronx County broken wrist|
|$1 MILLION||Bronx settlement vs City of New York pedestrian hit by police car spine injuries|
|$1 MILLION||Queens child of man killed in car accident|
Prior results do not guaranty similar outcomes
$21 MILLION VERDICT AWARDED TO BRONX MAN WHO INJURED HIMSELF AT WORK
A Bronx jury today awarded an injured man over 21 million dollars for a fall at work. The 50 year old Brooklyn man who was employed as a gasoline truck driver slipped and fell on defendant Hess Oil Company's loading platform. Plaintiff proved that the loading platform was unsafe and the jury found Hess Oil Company 100 percent responsible for the fall. The plaintiff suffered a ruptured urethra and a back injury. Although plaintiff was able to return to the same job after two years he was left with permanent consequences from his injuries. Plaintiff was represented by CHRISTOPHER W. AMBLER of Subin Associates, LLP. Defendant Hess Oil Company was represented by Thomas Vaughn of Jones, Hirsch, Connors, and Bull, LLP.
1.55 MILLION JURY VERDICT FOR WOMAN WHO STEPPED ON A NAIL
A Bronx jury today awarded plaintiff Eleanor Culbreth $700,000 in past pain and suffering and $850,000 in future pain and suffering for a puncture wound to the sole of her foot. The accident occurred as she went to her seat in defendant's movie theater. Defendant United Artists conceded liability at the end of plaintiff's. case.
The plaintiff was represented by Christopher Ambler of Subin Associates. United Artists was represented by the office of William Capshaw.
MANHATTAN JURY AWARDS $12.57 MILLION TO WOMAN INJURED IN BUS ACCIDENT
A jury in Manhattan Supreme Court awarded Felicia Hernandez $12.57 million against the New York City Transit Authority for injuries she sustained in a bus accident which occurred on October 29, 2003. Ms. Hernandez injuries as a result of the accident included, degloving of her legs, multiple compartment syndrome, and fractures to her leg, ankle, and shoulder. Plaintiff produced 10 witnesses including 6 expert witnesses the Transit Authority produced 3 expert witnesses in support of its defense. Liability had been previously decided in plaintiff's favor. The case was tried before Justice Robert Lippmann, Ms. Hernandez was represented by Herbert Subin of Subin Associates, LLP in Manhattan, the Transit Authority was represented by Ira Navon, Esq.
Jury awards $11.75 million to injured pedestrian
A Brooklyn jury awarded $11.75 million to a 62-year-old man who was struck by a New York City police car. The pedestrian was crossing 16th Avenue at 53rd Street in Boro Park. The officer claimed he was not at fault because the pedestrian ran out from between parked cars and was wearing all black. During cross-examination the officer admitted that he never saw the pedestrian before he struck him and his sworn deposition testimony was false. Plaintiff brought an accident reconstruction engineer to recreate the accident and prove that the pedestrian would have crossed 3 of the 4 lanes of 16th Avenue and that the vehicle was traveling at 35-40mph at impact. Moreover, due to the fact that pedestrian was Hasidic he was required to wear black. Plaintiff suffered a fractured leg, shoulder and ribs and a closed head injury. The jury. in one hour found the police officer 100% negligent and awarded $11.75 million Sheila Rossi represented City of New York and Plaintiff was represented by Herbert Subin, Subin Associates, LLP.
CRASH VICTIM AWARDED 8.7 MILLION
Record sum for crippled Queens man A Queens man who became a quadriplegic after a three car accident in Brooklyn won a record $8.7 million awarded today.
Jack Hamrick, 52 of South Ozone Park, was driving a Castro Convertible Corp. van when he collided with two tow trucks at Remsen Avenue and Avenue A.
"He was rendered quadriplegic when he broke his neck and is quadriparesis, which means where he's not paralyzed he's in constant pain," Hamrick's lawyer, Bert Subin said.
The Manhattan Supreme Court jury, which delivered its verdict to Justice Arthur Blyn, also established an important legal precedent said Subin.
The panel ruled that the Ron Myers Service Station, Shell Oil Co. station which owned one of the tow trucks, shared liability with J & B Salvage Co., which owned the other truck.
But Shell will be paying most of the award, despite its claim that Myers leased his station at 958 Nostrand Avenue, from the oil giant.
"The jury decided Myers was in fact not an independent contractor, but an employee of Shell," Subin said.
Even though J & B theoretically shares half the liability, Subin made it clear his client will seek to collect the bulk of the money from Shell.
Blyn denied from the bench Shell's motion to reduce the award or set aside the verdict.
THE NEW YORK LAW JOURNAL
Verdict: $1.6 million
Joanne Giovannelli v. Anthony Vigilante and Michael Vigilante, 7432/95 Kings Supreme
ATTORNEYS: Gregory T. Cerchione of Subin Associates, LLP, for the plaintiff
Robert Ringer, of Scalzi & Nofi. for the Defendants.
DISBURSEMENT: $100,000 (past pain and suffering); $75.000 (past loss of earnings); $10,000 (past medical expenses); $51,600 (property damage); $750,000 (future pain and suffering); $570,000 (future loss of earnings); $92,800 (future medical expenses)
FACTS: Joanne Giovanelli, a 37 year-old aerobic fitness instructor and performing artist was traveling on Nevins Street, Brooklyn. The defendants drove through a stop sign on the corner of Baltic and Nevins and struck the plaintiff Ms. Giovanelli twice, spinning her vehicle across traffic and into a parked car.
The plaintiff claimed that the defendants' negligence proximately caused a cervical herniated disc, which impaired her ability to work. The defendant argued that the plaintiff was comparatively negligent in that she failed to take the proper precautions, even though she had the right of way. They further argued that Ms. Giovanelli's injuries were not serious and were caused by a prior motor vehicle accident.
JURY TRIAL: Trial lasted nine days. There was a directed verdict in favor of the plaintiff with one hour of deliberation regarding damages.
NOVEL ISSUES OF LAW: The damage claims were substantiated by testimony from the plaintiff's massage therapist and an herbalist/acupuncturist.
THE NEW YORK LAW JOURNAL Verdict: $10.255 million
John and Irene McDowell v. Eagle Transfer Corp. and Thomas Butler, 13026/93
ATTORNEYS: Herbert Subin, Subin Associates, for the plaintiff
Stanley E. Orzechowski, St. James for the Defense
FACTS: John McDowell, A 41-year-old self-employed executive recruiter with a history of seizure disorder, claimed that on May 25, 1992, he was injured in a motor vehicle accident that took place at the intersection of 34th Street and the West Side Highway when his car was struck in the rear by a vehicle driven by Thomas Butler as he stopped for a light. Summary Judgment was granted on liability in July 1996, and this trial was on the issue of damages.
INJURIES: Herniated discs. Mr. McDowell received emergency room treatment on the date of the accident, and treated with a neurologist and physiatrist intermittently during 1992. He was out of work from the time of the accident until the end of 1992, and then returned to work intermittently through the year in 1993. He again received medical treatment in mid-1994, for complaints of pain in the back and neck. In May 1996, an MRI of the spine showed a herniated lumbar disc at L4-5. In October 1997, he underwent a lumbar laminectomy and fusion at L4-5. Thereafter, he testified, he was forced to close business in 1998 due to his injuries. He claimed that he still experiences pain in the lower back, as well as continued pain associated with the cervical radiculopathy. An MRI taken in 1994 revealed a herniated cervical disc at C5-6. His expert testified that he will require future surgery for the cervical injury.
The defendants argued that Mr. McDowell's injuries were pre-existing and degenerative in nature. His expert testified that he found no objective findings to support Mr. McDowell's subjective complaints of pain.
JURY TRIAL: The trial lasted four days with four hours of deliberations.
DISBURSEMENT: $10.03 million for John McDowell - $2.5 million for past pain and suffering; $450,000 for past lost earnings; $80,000 for past medical expenses; $5 million for future pain and suffering; $2 million for future lost earnings; $225,000 for spouse for loss of services.
NEW YORK COUNTY SUPREME COURT Verdict: $1.274 million
Jory Dreher v. K.S.K. V. Realty Corp.
ATTORNEYS: Herbert Subin, Subin Associates, for the Plaintiff Cheryl Rameau, Fisher, Fiden, Morris, for Defendant
FACTS: Jory Dreher, a 19-year-old man was injured when the ceiling collapsed on him while taking a shower.
INJURIES: Plaintiff suffered a tom ligament in his shoulder that required arthroscopy and a cervical radiculopathy which caused him pain and headaches.
The defendant argued that they were not negligent for the collapse of the ceiling and that plaintiff did not suffer a cervical radiculopathy.
JURY TRIAL: The defendant's highest settlement offer before the verdict was $90,000. The trial lasted five days with 45 minutes of deliberations.
DISBURSEMENT: $250,000 for past pain and suffering for 19 months; $23,976 for past medical expenses and $1Million for future pain and suffering.
TRIP AND FALL ON SIDEWALK RESULT IN 1.281 MILLION
JURY VERDICTA Bronx Jury today awarded $1 million dollars in pain and suffering damages and $ 281 , 000 . 00 in lost wages and medical expenses against the City , of New York for a trip and fall accident on a pub1ic sidewalk. The p1amtIff, Jose Rosado, claimed that the large hole had been there for a long time and that stepping into it caused him to tear a ligament in his knee which required surgery to repair. Mr. Rosado was represented by Christopher Ambler of Subin Associates. Supreme Court Justice Crispino presided over the 2 week trial.
$2 MILLION PERSONAL INJURY RECOVERY $2500 IN PROPERTY DAMAGE
A man involved in a car accident has recovered $2 million for his personal injuries. Joseph Ichart, a 36 year old man was involved in rear end collision.Mr. Ichart suffered injuries to his neck, back and head, however, his vehicle sustained only $2500 of property damage. Subsequently, Mr. Ichart required surgery for injuries to his neck and treatment for his back. He claimed that due to the injuries sustained in the accident that he could no longer work and required substantial future medical care.
The defense claimed the injuries were preexisting due to two recent previous car accidents in which Mr. Ichart sustained neck and back injuries. The defense
further claimed that Mr. Ichart was exaggerating his injuries and presented two
video tapes of the plaintiff in which he did not appear injured.
The case was tried in Brooklyn and plaintiff presented seven expert witnesses and the defense presented six experts. The case was settled after the completion of the summations. The Justice presiding was Honorable Larry Martin. The plaintiff was represented by Herbert Subin and Gregory T. Cerchione of Subin Associates and defendants were represented by Michelle Russo of Silverman, Sclar, Shin and Byrne.
Jury awards $11.75 million to injured pedestrian March 13, 2008
A Brooklyn jury awarded $11.75 Million to a 62-year-old man who was struck by a New York City police car. The pedestrian was crossing 16th Avenue at 53rd Street in Boro Park. The officer claimed he was not at fault because the pedestrian ran out from between parked cars and was wearing all black. During cross-examination the officer admitted that he never saw the pedestrian before he struck him and his sworn deposition testimony was false. Plaintiff brought an accident reconstruction engineer to recreate the accident and prove that the pedestrian would have crossed 3 of the 4 lanes of 16th Avenue and that the vehicle was traveling at 35-40mph at impact. Moreover, due to the fact that pedestrian was Hasidic he was required to wear black. Plaintiff suffered a fractured leg, shoulder and ribs and a closed head injury. The jury. in one hour found the police officer 100% negligent and awarded $11.75 million. Sheila Rossi represented City of New York and Plaintiff was represented by Herbert Subin, Subin Associates, LLP.
NEW YORK LAW JOURNAL
$8 Million Verdict For Ceiling Collapse
A MANHATTAN jury last week awarded $8 million including $1.5 million in punitive damages, to a ten- ant who sustained a herniated disc and other injuries when her kitchen ceiling collapsed.
The plaintiff, Maria Lopez, alleged the landlord, despite repeated notices, failed to repair a hole in the ceiling that grew increasingly larger over a 10-month period before the July 1991 accident. The plaintiff, a home attendant for the mentally retarded, was represented by Herbert S. Subin of Subin Associates; the defendants, Ponag Realty Associates, Elliot Nissenbaum and Ronald Sandberg, by Joseph Carey of Rosenblum & Filan; Supreme Court. Justice Lorraine Miller presided over the trial that ended last Thursday.
MOTORCYCLE ACCIDENT YIELDS $1.75 MILLION
A $1.75 MILLION SETTLEMENT WAS OBTAINED for a man who was riding his motorcycle at the intersection of Broadway and 83rd Street when he was struck by a motor vehicle crossing Broadway. Both drivers claimed they had the green light. As a result of the impact, plaintiff broke both his legs, requiring surgery. The case was scheduled for jury selection in New York County. The Settlement will pay plaintiff for the remainder of his life and has a present value of 1.1 million dollars. Plaintiff was represented by Herbert Subin of Subin Associates, LLP, New York, New York
NEW YORK LAW JOURNAL
PERSONAL INJURY VERDICT; $9.69 MILLION
Richard Clohosey and Christine Clohosey v. the City of New York and the New York City Board of Education, 18484/92.
JUDGE: Bertram Katz.
ATTORNEYS: Christopher Ambler of Subin Associates, New York, for Richard and Christine Clohosey. Catherine Cotter, Office of the Corporation Counsel, for the City of New York and the New York City Board of Education.
DISBURSEMENT: Mr. Clohosey: $2.5 million (past pain and suffering); $5 million (future pain and suffering); $278,646.59 (past medical expenses); $818,560 (future medical expenses); $95,000 ( lost earnings). Mrs. Clohosey: $1 million (loss of services).
FACTS: Richard Clohosey, was working as a custodian "fireman" or "stoker", feeding. coal into the boiler at P.S. 103 in the Bronx. As he activated the chemical feeder system which was a part of the water heating apparatus, he was sprayed by hot water and burned over 45 percent of his body.
Plaintiff claimed that the. chemical feeder system was negligently installed and improperly maintained. Defendants argued that the feeder system was not defective and that the accident would not have occurred had Mr. Clohosey followed the established procedures for activating it.
INJURIES: Mr. Clohosey alleged suffered second-degree burns and a subsequent related stroke.
JURY TRIAL: Trial lasted seven days, with two days deliberation.
$3 MILLION RECOVERY FOR CONSTRUCTION ACCIDENT
A worker who was injured in a construction accident has received a $3 million settlement during trial in Supreme Court, New York County. Justice Robert Lippman was presiding over the trial of a man who was injured when a roof he was working on collapsed causing him to fall more than 20 feet seriously injuring his ankle and low back. The plaintiff was represented by Herbert Subin of Subin Associates, New York, New York
$3.25 MILLION RECOVERY FOR TWO CHILDREN INJURED IN VAN ACCIDENT
A $3.25 MILLION DOLLAR SETTLEMENT was reached during trial in Brooklyn for two children who were passengers in a van accident. Plaintiffs obtained summary judgment against defendants and trial was limited to damages. One plaintiff injured her left shoulder and had scarring to that shoulder. The other plaintiff sustained serious scars to her arm and leg which required skin grafting. Plaintiffs were represented by Herbert Subin of Subin Associates, New York, New York