Settlements & Verdicts
Sampling of Settlements and Verdicts our Attorneys have obtained:
Kahn – Automobile Accident – Supreme Court, Queens County, 2018.
Word v. Word motor vehicle accident wherein Plaintiff suffered injuries requiring cervical fusion surgery, lumbar fusion surgery, arthroscopic shoulder surgery and partial hearing loss, plus significant loss of earnings and future medicals in the high six figures. According to the Police Accident Report, the accident occurred on October 21, 2011, a Friday, at 12:22 a.m., on West 44th Street at the intersection of Eleventh Avenue, New York, NY. Our client, the Defendant driver, was operating a 2002 Toyota sedan and the Plaintiff (Khan) was operating a sedan taxi. The Defendant driver stated that he was traveling eastbound on 44th Street when the Plaintiff’s vehicle ran the red light and crashed into his vehicle. Per the police report, the Plaintiff alleged that he was traveling southbound on 11th Avenue when the insured’s vehicle ran the red light and crashed into his vehicle. Plaintiff later testified that the police report was incorrect. That the accident occurred at 2:00 a.m. and that he was traveling eastbound on 44th while the Defendant was traveling northbound on 11th, in the wrong direction of one way southbound traffic. Plaintiff also tried to alleged that the Defendant was at a bar for two hours longer than he said he was and insinuate that he may have been drinking. We retained an accident reconstruction expert to show that in order for Plaintiff to be believed the jury would need to accept the unlikely story that the Defendant was traveling the wrong way down a one way street, in Manhattan for a distance longer than a football field without anyone noticing. Second, based on Plaintiff Khan’s testimony the expert opined that Plaintiff would have been traveling at over 65MPH through the City if his story is to be believed. Prior to opening statements we successfully had Plaintiff's rebuttal witness precluded due to a late and inadequate CPLR 3101(D) disclosure At trial the police officer admitted he got the accident time wrong and that it was at 2:00 a.m. but that he took down what each driver said at the scene and that there was also no evidence of intoxication. We also pointed out that not only did the police report support the Defense version, but that Plaintiff’s own accident report mirrored the police report and contradicted his sworn testimony. Plaintiff claimed he asked the police to change the report but they would not, and that he signed a blank accident report that his employer then filled out based on the incorrect police report. Plaintiff’s injuries included a cervical fusion surgery for herniations, a lumbar fusion surgery, an arthroscopic shoulder surgery to repair a tear and partial hearing loss in one ear. The pre-trial settlement demand was $2,200,000. The pre-trial offer was $250,000. During trial Plaintiff continuously dropped the demand. The case settled, after each side rested on liability, for the initial offer of just $250,000, without us ever raising the offer during the entire trial.
Paul A. Fino Jr. and Matthew I. Toker for the Defense.
Roberts – Premises Liability – Trip & Fall – Supreme Court Bronx County 2017.
Plaintiff claimed she was injured due to a defective chair lift, whose foot rest suddenly came down, causing her to trip and fall down an entire flight of stairs at a church [our client] where she volunteered, sustaining multiple severe lacerations to her face and mouth, requiring plastic surgery and alleged extraction of teeth. Defense claimed there was nothing wrong with chair lift and only reason plaintiff tripped on it was Plaintiff’s own fault in banging into it, while she was intoxicated with a 2.2 blood alcohol level [3 times the legal limit]. Defense also claimed her teeth were not injured in this accident and any extractions were not causally related, as there was no mention of injury to her teeth in the hospital record. Initial Demand was $800,000. The case settled for only $70,000 just prior to jury selection.
Paul Fino for the Defense.
Diabate – Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2017.
Settled at Mediation shortly before trial. Plaintiff was a pedestrian who walked in front of the defendant’s vehicle According to police report. Plaintiff claimed he had the right of way and was in the crosswalk. Defendant driver claimed plaintiff was not in the crosswalk and had the red light, however defendant driver failed to appear for a deposition, despite Court Orders. Plaintiff sustained multiple fractures including, comminuted fracture of right superior pubic ramus, fracture of right inferior pubic ramus, trabecular fracture and tear of acetabular labrum right hip; fracture of left sacral ala, fractured acetabulum with torn labrum of the left hip, multiple right rib fractures 8-11 with pneumothorax, fractured left knee with tears of femoral origin of medial collateral ligament and anterior cruciate ligament, trabecular Fractured distal fibular of left ankle with torn ligament, laceration over eyebrow with sutures. There was a lien on recovery due to based on additional PIP coverage that was paid over the first $50,000 in benefits. The lien was more than $97,000 due to medical benefits paid. Defense contended that despite so many injuries, made a decent recovery, he did not have to undergo any surgeries and a jury could find he was at least partially liable for this accident. The initial demand at Mediation was $1,500,000. After vigorous negotiation, the case settled for $450,000 plus a reduction of the PIP lien to $47,000 with payment of it included in the settlement.
Shelly Werbel on the Defense.
Gotlieb – Automobile Accident – Supreme Court, Bronx County, 2017.
Both Plaintiff and Defendant driver claimed they had the green light. Plaintiff claimed he had a green light on 8th Avenue and the insured made a right turn from 47th Street onto 8th Avenue into the back passenger door of his vehicle. The Defendant [our client] claims he had a green light and made his right turn, when Plaintiff entered the intersection with a red light and caused the accident. Plaintiff claimed to have sustained disc bulge and herniation at L3-L4, bilateral thecal sac impingement, radiculopathy at L3-L4 and L4-L5, and that he required a L3-4 fluoroscopy and discectomy surgery. Other injuries claimed were herniation at C3-4 with anterior thecal sac impingement, herniation at C5-6 with thecal sac impingement and abutting the cord, C6-7 disc bulge with impingement, and C5-6 radiculopathy. Plaintiff further alleges that he underwent multiple cervical and lumbar spine injections and a cortisone injection into the right subacromial space for partial thickness tear of right shoulder. Plaintiff’s demand was $800,000, but at the final Pre-trial conference after arguing liability contentions with defense contending plaintiff’s injuries were actually all degenerative conditions and not caused by this accident, this matter settled for $125,000.
Paul Fino on the Defense.
Jong Seok Lee - Motor Vehicle- Supreme Court New York County, Settlement 2017.
Plaintiff was in a stopped vehicle which was struck in the rear by the Defendant [our client]. As a result, Plaintiff alleged herniations at multiple levels of cervical and lumbar spine, carpal tunnel syndrome as well as a tear of the medial meniscus resulting in arthroscopic repair of the right knee. Defendants obtained information that Plaintiff treated years prior to the accident for complaints of pain to the right knee. Plaintiff argued that such treatment ceased years before the accident and without any indication or suggestion that surgery would be needed. Plaintiff also argued that prior radiological films and reports showed no pre-existing meniscus tears. Defendant argued that Plaintiff initially denied any prior knee complaints and upon obtaining prior records discovered that Plaintiff’s surgeon was the same doctor who previously treated Plaintiff for complaints of knee pain, but did not indicate any of the prior treatment in his post accident records. Plaintiff’s demand to settle was over $300,000.00. The case settled in Court prior to trial for $60,000.00
Matthew Toker on the Defense.
Cabrera - Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2017.
Settled at Mediation shortly before trial. While Plaintiff testified that he had the right of way to cross the intersection, and was allegedly not on his cell phone at the time of the accident, Defendant driver and his passenger testified that they had the right of way, and that Plaintiff was on his cell phone as he walked out from behind a train stanchion at the time of the accident. Plaintiff sustained a medial meniscus tear which required arthroscopic surgery. He also claimed to sustain cervical and lumbar herniations and a shoulder sprain. The plaintiff’s demand before the Mediation was $500,000. The case ultimately settled, after heated negotiation at Mediation, before Herb Chilnick, Mediator for $60,000. Shelly Werbel for the Defense.
Singh – Automobile Accident – Pedestrian - Supreme Court Queens County 2016.
Plaintiff was a street vendor, who claimed to have been struck by a van while standing on the sidewalk that abutted the Van Wyck Expressway’s service road’s left lane. He claimed he was selling newspapers at the time of the accident and that he customarily remained on the sidewalk unless summoned to a vehicle for the purchase of paper. However, Plaintiff contended he was on the sidewalk when this accident occurred. A witness claimed he saw Plaintiff resting on the sidewalk during the immediate aftermath. The accident occurred while it was dark out and Plaintiff admitted to wearing dark clothes at the time. Defendant driver [our client] asserted that Plaintiff was standing in the roadway and he tried to veer to the right but he was blocked by another vehicle. A witness in our client’s vehicle agreed that Plaintiff was standing in the roadway. Plaintiff claimed to have sustained comminuted fracture to his dominant arm requiring open reduction internal fixation with pins/rods/screws and plate, plus ulnar nerve transposition, contusion to his elbow and shoulder. The defense expert opined that Plaintiff did not suffer a residual disability. Demand was $1,000,000 and settlement was negotiated after jury selection for $70,000.
Paul Fino on the defense.
Lopez - Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2016.
Plaintiff, an 85 year old woman, who was diagnosed with Alzheimer’s disease four months before the accident, was struck by Defendant’s van sustaining injury to her head. Plaintiff claimed the accident occurred in the crosswalk and claimed she had the green light. Defendant [our client] contended plaintiff was not in the crosswalk and came out from in front of a parked car. Plaintiff sustained a fracture of her skull’s occipital bone and developed an acute subdural hematoma and hemorrhagic contusions. She was hospitalized for 15 days of treatment and observation and then had impatient rehabilitation for 27 days. Additionally she underwent 21 months of physical therapy and the implantation of a shunt due to a build up of fluid on the brain. Plaintiff’s family claimed that Plaintiff sustained brain damage as she was confused and was experiencing increasing loss of memory. The family denied knowing Plaintiff had been diagnosed with Alzheimer’s just 4 months before the accident, despite her doctor’s record stating it was family members who accompanied Plaintiff to the examination that described the symptoms to the doctor. Defense expert neuropsychologist and expert neurosurgeon submitted reports in which they opined that Plaintiff achieved an excellent recovery and that her injuries could not have affected her cognition, but rather her current deficits were a result of her age and advancing Alzheimer’s disease. Just prior to trial, the demand was $5,000,000, but at a pretrial Mediation the parties negotiated a settlement of $1,500,000.
Paul Fino and Shelly Werbel on the Defense.
Humphrey – Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2016.
A 52- year old unemployed female who was crossing street in crosswalk, was struck by Defendant’s van as it was backing out of a street. The street was blocked by an ambulance, with its flashing lights on, which was there on an emergency call. Plaintiff denied seeing the ambulance or hearing the van’s beep as it was backing out of the street. Summary Judgment was granted on liability before this matter was transferred to our firm to defend on damages. We would have argued in the summary judgment motion, that Plaintiff was at least partially responsible for this accident as she was severely intoxicated at the time and impaired on psychotropic mediation for bipolar disorder. She would have and should have seen the ambulance’s flashing lights and Defendant’s vehicle backing out of the blocked street. Plaintiff sustained a fractured femur of the left leg and bimalleolar fractures of each ankle. She underwent surgery for open reduction, internal fixation and she was hospitalized for three weeks. Plaintiff also claimed that the accident aggravated her arthritic condition of her left knee. Plaintiff claimed that although the fractures mainly resolved, her left knee remained painful and her ambulation was impaired. She also claimed she would need a knee replacement surgery in the future. Just prior to trial, this matter was mediated by Allen Hurkin-Torres. At Mediation, we argued that Plaintiff’s arthritis required her to use a cane even prior to the accident, and that our pre-trial surveillance revealed Plaintiff dancing in the street and dealing drugs from her bra. Further defense expert’s opinion was that Plaintiff made a good recovery and did not require extensive future medical treatment. Plaintiff’s pretrial demand was $10,000,000, which included a $1,950,000 claim for future medical expenses. Settlement was vigorously negotiated and ultimately this matter settled for $1,400,000, with $500,000 being placed in a structured settled for plaintiff’s future.
Paul Fino and Shelly Werbel on the defense.
Simon – Labor Law / Motor Vehicle – Wrongful Death - Supreme Court Nassau County, Verdict 2015.
Husband and wife wallpaper hangers reported to work at a construction site. They entered the site through and opening in fence made by our insured and drove onto the roof of a five-story underground parking garage. There was a large excavation pit at the end of the parking deck that was protected by a pedestrian safety railing. While the wife was driving, the vehicle slid on ice and she could not stop the car. The husband/passenger told he to jump out of the vehicle as it as approaching the excavation pit. He jumped out safely but she was unable to unfasten her seat belt and was still in the car when it drove through the railing and plummeted down 30 feet to her death. Aside from his wife’s wrongful death claim, the husband also claimed post-traumatic stress disorder from being in the zone of danger and witnessing his wife’s death. As a result, he claimed he could no longer work and sought recovery for his own pain and suffering as well as economic loss. After a five week trial, the jury returned a verdict of $9,450,000 finding owner 60% liable, project manager 30% liable, but the concrete contractor who was our client, who was the one who left the gate open, only 10% liable, which brought our client’s share of the verdict to below our policy and did not touch the excess policy.
Paul Fino on the Defense.
Alcantera – Motor Vehicle – Pedestrian – Supreme County, New York County.
Plaintiff while being distracted attempted to cross the street on restricted area of roadway. Plaintiff claimed he was in the cross-walk and had the right of way. Defense contended that plaintiff was looking at his cell phone when the impact occurred and that the impact occurred north of the crosswalk, where signs clearly indicate that pedestrians are not permitted. Jury found defendant [our client] to be negligent, but assigned 95% of the fault to the plaintiff and only 5% to our client. Jury determined damages totaled $200,000 but due to Plaintiff’s comparative fault the Plaintiff’s net recovery was $10,000. The Trial Judge denied plaintiff counsel’s motion for a mistrial and the Appellate Division affirmed the verdict in 2015.
Paul Fino on the Defense.
Tross – Premises / Innkeeper Liability – Settlement in 2014 - United States District Court, District of Connecticut. Plaintiff claimed Traumatic Brain Injury from being alleged struck in the head by a tile that fell off a shower wall in a five-star hotel. Plaintiff was a 31 year old partner at a law firm who alleged that his TBI injury resulted in his inability to work in any capacity and he claimed a $25 million dollar lost wage claim. After vigorous litigation on behalf of the defense and investigation into all aspects of plaintiff’s life, Plaintiff ultimately reduced his demand and accepted our settlement offer of $450,000 on the eve of trial.
Paul Fino for the Defense.
Schneider- Construction/Property Damage - Supreme Court Queens County, 2014.
Plaintiff’s suit was for over $300,000.00 for foundational damage to her home as a result of improper shoring, excavation and construction of a new multi-story dwelling being built next door to her. Co-Defendant owned a new property and contracted with the Defendant [our client] to perform the excavation, underpinning and shoring and with another Co-Defendant, the Architect/Engineer. Both Plaintiff and Co-Defendants put the primary blame on our Defendant for alleged improper performance of its work, causing the ground to shift and result in structural damages to Plaintiff’s home. Defendant argued that they performed their work as specified in the engineer and architect plans without any negligent deviation from same. The case settled prior to trial for $133,500.00, however, our client’s contribution was only $25,000.00.
Matthew I. Toker for the Defense.
Grey - Motor Vehicle- Supreme Court Westchester County, Verdict 2014.
A middle-aged female Plaintiff alleged sustaining numerous injuries, including lumbar spine herniations, requiring multiple injections and ultimately a discectomy. Plaintiff was the driver of a stopped vehicle and was struck by the Defendant’s vehicle. The accident occurred as a result of another accident between the Defendant and a Co-Defendant driver during a T-Bone type collision at a controlled intersection. The Defendant alleged that that Co-Defendant ran a red light, causing the initial collision and pushing Defendant’s vehicle to the right and into the Plaintiff’s vehicle. The Co-Defendant alleged that she proceeded into the intersection with a green light and that although it may have changed to red, after she entered the intersection, the Defendant should have waited for her to clear the intersection before he entered into it. Prior to trial Plaintiff had obtained Summary Judgment on liability, claiming this meant both Defendant and Co-Defendant were negligent and liable for her alleged injuries. Defendant’s motion at trial was to preclude any such finding on the grounds that Plaintiff’s Summary Judgment only results in a finding that Plaintiff cannot be negligent, but that a Jury may still find that Co-Defendant is 100% at fault. The Defendant had a $300,000 policy of insurance while Co-Defendant only maintained $100,000 in liability limits. As such, Defendants were required to obtain a complete defense verdict in order to protect the policy limits. The Jury returned a verdict finding the Co-Defendant was 100% liable for this accident.
Matthew Toker on the Defense.
Josefi – Fall from Ladder – 240(1) Labor Law – Supreme Court, New York County – Defense Verdict.
Plaintiff worker claimed he fell from a ladder during construction. Defense contended that the Plaintiff fabricated that he fell due to a defective ladder. Demand prior to trial was $750,000. The offer prior to trial was $250,000. After a 9-day trial, the jury deliberated for 15 minutes and rendered a Defense Verdict. The Trial Judge denied Plaintiff’s motion to set aside the verdict and the Appellate Division affirmed the verdict in 2015.
Paul Fino for the Defense.
Ferguson – Automobile Accident – Wrongful Death - Supreme Court, Queens County, 2016.
Decedent, a 47- year old female, exits her husband’s vehicle, planning to cross street to catch a bus to work. She kisses her husband goodbye, then proceeds to come out from behind his vehicle and dart in front of Defendant’s vehicle. Plaintiff argues his wife was in the cross-walk and the defendant’s vehicle failed to stop at a stop sign. Defendant [our client] argues he did stop at the stop sign and plaintiff came out at the last second from the parked vehicle, and was not in the crosswalk. There was a surveillance video, which although it did not capture the actual accident, did show Defendant’s vehicle stop at the stop sign and proceed past the crosswalk without incident. Defendant’s experts also argued that due to Plaintiff’s head injuries, she died instantly and sustained no pain and suffering. It was also argued that as she made no attempt to avoid the defendant’s vehicle, there can be no claim for fear of impending death. Just prior to trial this matter went to Mediation, at which time, besides a large seven figure pain and suffering claim, Plaintiff also contended their expert would show a $1,788,264 economic loss claim. This matter ultimately settled for $725,000.
Paul Fino for the Defense.
REAVIS –Motor Vehicle – Below Knee Amputation - Supreme Court Bronx County, 2013.
Plaintiff alleged that Defendant’s bus [our client] sideswiped his parked vehicle, causing severe injuries to his foot which ultimately lead to a below the knee amputation. During the unified trial on liability and damages, the Defense argued that Plaintiff was not parked, but rather that he pulled out into traffic. Defendants also argued that the necessity for the amputation was caused by a prior self-inflicted gunshot wound, from a year prior to the accident. Plaintiff argued that the medical records proved that the prior wound had fully healed long before the automobile accident and that the need for amputation arose due to severe pain that could not be treated by conservative means or surgery. Plaintiff asked the Jury to return a $14,000,000 verdict. The Jury returned a defense verdict on liability.
Matthew Toker on the Defense.
***Prior results is not a guarantee on future cases as each case is fact specific and results can vary.***
Kahn – Automobile Accident – Supreme Court, Queens County, 2018.
Word v. Word motor vehicle accident wherein Plaintiff suffered injuries requiring cervical fusion surgery, lumbar fusion surgery, arthroscopic shoulder surgery and partial hearing loss, plus significant loss of earnings and future medicals in the high six figures. According to the Police Accident Report, the accident occurred on October 21, 2011, a Friday, at 12:22 a.m., on West 44th Street at the intersection of Eleventh Avenue, New York, NY. Our client, the Defendant driver, was operating a 2002 Toyota sedan and the Plaintiff (Khan) was operating a sedan taxi. The Defendant driver stated that he was traveling eastbound on 44th Street when the Plaintiff’s vehicle ran the red light and crashed into his vehicle. Per the police report, the Plaintiff alleged that he was traveling southbound on 11th Avenue when the insured’s vehicle ran the red light and crashed into his vehicle. Plaintiff later testified that the police report was incorrect. That the accident occurred at 2:00 a.m. and that he was traveling eastbound on 44th while the Defendant was traveling northbound on 11th, in the wrong direction of one way southbound traffic. Plaintiff also tried to alleged that the Defendant was at a bar for two hours longer than he said he was and insinuate that he may have been drinking. We retained an accident reconstruction expert to show that in order for Plaintiff to be believed the jury would need to accept the unlikely story that the Defendant was traveling the wrong way down a one way street, in Manhattan for a distance longer than a football field without anyone noticing. Second, based on Plaintiff Khan’s testimony the expert opined that Plaintiff would have been traveling at over 65MPH through the City if his story is to be believed. Prior to opening statements we successfully had Plaintiff's rebuttal witness precluded due to a late and inadequate CPLR 3101(D) disclosure At trial the police officer admitted he got the accident time wrong and that it was at 2:00 a.m. but that he took down what each driver said at the scene and that there was also no evidence of intoxication. We also pointed out that not only did the police report support the Defense version, but that Plaintiff’s own accident report mirrored the police report and contradicted his sworn testimony. Plaintiff claimed he asked the police to change the report but they would not, and that he signed a blank accident report that his employer then filled out based on the incorrect police report. Plaintiff’s injuries included a cervical fusion surgery for herniations, a lumbar fusion surgery, an arthroscopic shoulder surgery to repair a tear and partial hearing loss in one ear. The pre-trial settlement demand was $2,200,000. The pre-trial offer was $250,000. During trial Plaintiff continuously dropped the demand. The case settled, after each side rested on liability, for the initial offer of just $250,000, without us ever raising the offer during the entire trial.
Paul A. Fino Jr. and Matthew I. Toker for the Defense.
Roberts – Premises Liability – Trip & Fall – Supreme Court Bronx County 2017.
Plaintiff claimed she was injured due to a defective chair lift, whose foot rest suddenly came down, causing her to trip and fall down an entire flight of stairs at a church [our client] where she volunteered, sustaining multiple severe lacerations to her face and mouth, requiring plastic surgery and alleged extraction of teeth. Defense claimed there was nothing wrong with chair lift and only reason plaintiff tripped on it was Plaintiff’s own fault in banging into it, while she was intoxicated with a 2.2 blood alcohol level [3 times the legal limit]. Defense also claimed her teeth were not injured in this accident and any extractions were not causally related, as there was no mention of injury to her teeth in the hospital record. Initial Demand was $800,000. The case settled for only $70,000 just prior to jury selection.
Paul Fino for the Defense.
Diabate – Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2017.
Settled at Mediation shortly before trial. Plaintiff was a pedestrian who walked in front of the defendant’s vehicle According to police report. Plaintiff claimed he had the right of way and was in the crosswalk. Defendant driver claimed plaintiff was not in the crosswalk and had the red light, however defendant driver failed to appear for a deposition, despite Court Orders. Plaintiff sustained multiple fractures including, comminuted fracture of right superior pubic ramus, fracture of right inferior pubic ramus, trabecular fracture and tear of acetabular labrum right hip; fracture of left sacral ala, fractured acetabulum with torn labrum of the left hip, multiple right rib fractures 8-11 with pneumothorax, fractured left knee with tears of femoral origin of medial collateral ligament and anterior cruciate ligament, trabecular Fractured distal fibular of left ankle with torn ligament, laceration over eyebrow with sutures. There was a lien on recovery due to based on additional PIP coverage that was paid over the first $50,000 in benefits. The lien was more than $97,000 due to medical benefits paid. Defense contended that despite so many injuries, made a decent recovery, he did not have to undergo any surgeries and a jury could find he was at least partially liable for this accident. The initial demand at Mediation was $1,500,000. After vigorous negotiation, the case settled for $450,000 plus a reduction of the PIP lien to $47,000 with payment of it included in the settlement.
Shelly Werbel on the Defense.
Gotlieb – Automobile Accident – Supreme Court, Bronx County, 2017.
Both Plaintiff and Defendant driver claimed they had the green light. Plaintiff claimed he had a green light on 8th Avenue and the insured made a right turn from 47th Street onto 8th Avenue into the back passenger door of his vehicle. The Defendant [our client] claims he had a green light and made his right turn, when Plaintiff entered the intersection with a red light and caused the accident. Plaintiff claimed to have sustained disc bulge and herniation at L3-L4, bilateral thecal sac impingement, radiculopathy at L3-L4 and L4-L5, and that he required a L3-4 fluoroscopy and discectomy surgery. Other injuries claimed were herniation at C3-4 with anterior thecal sac impingement, herniation at C5-6 with thecal sac impingement and abutting the cord, C6-7 disc bulge with impingement, and C5-6 radiculopathy. Plaintiff further alleges that he underwent multiple cervical and lumbar spine injections and a cortisone injection into the right subacromial space for partial thickness tear of right shoulder. Plaintiff’s demand was $800,000, but at the final Pre-trial conference after arguing liability contentions with defense contending plaintiff’s injuries were actually all degenerative conditions and not caused by this accident, this matter settled for $125,000.
Paul Fino on the Defense.
Jong Seok Lee - Motor Vehicle- Supreme Court New York County, Settlement 2017.
Plaintiff was in a stopped vehicle which was struck in the rear by the Defendant [our client]. As a result, Plaintiff alleged herniations at multiple levels of cervical and lumbar spine, carpal tunnel syndrome as well as a tear of the medial meniscus resulting in arthroscopic repair of the right knee. Defendants obtained information that Plaintiff treated years prior to the accident for complaints of pain to the right knee. Plaintiff argued that such treatment ceased years before the accident and without any indication or suggestion that surgery would be needed. Plaintiff also argued that prior radiological films and reports showed no pre-existing meniscus tears. Defendant argued that Plaintiff initially denied any prior knee complaints and upon obtaining prior records discovered that Plaintiff’s surgeon was the same doctor who previously treated Plaintiff for complaints of knee pain, but did not indicate any of the prior treatment in his post accident records. Plaintiff’s demand to settle was over $300,000.00. The case settled in Court prior to trial for $60,000.00
Matthew Toker on the Defense.
Cabrera - Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2017.
Settled at Mediation shortly before trial. While Plaintiff testified that he had the right of way to cross the intersection, and was allegedly not on his cell phone at the time of the accident, Defendant driver and his passenger testified that they had the right of way, and that Plaintiff was on his cell phone as he walked out from behind a train stanchion at the time of the accident. Plaintiff sustained a medial meniscus tear which required arthroscopic surgery. He also claimed to sustain cervical and lumbar herniations and a shoulder sprain. The plaintiff’s demand before the Mediation was $500,000. The case ultimately settled, after heated negotiation at Mediation, before Herb Chilnick, Mediator for $60,000. Shelly Werbel for the Defense.
Singh – Automobile Accident – Pedestrian - Supreme Court Queens County 2016.
Plaintiff was a street vendor, who claimed to have been struck by a van while standing on the sidewalk that abutted the Van Wyck Expressway’s service road’s left lane. He claimed he was selling newspapers at the time of the accident and that he customarily remained on the sidewalk unless summoned to a vehicle for the purchase of paper. However, Plaintiff contended he was on the sidewalk when this accident occurred. A witness claimed he saw Plaintiff resting on the sidewalk during the immediate aftermath. The accident occurred while it was dark out and Plaintiff admitted to wearing dark clothes at the time. Defendant driver [our client] asserted that Plaintiff was standing in the roadway and he tried to veer to the right but he was blocked by another vehicle. A witness in our client’s vehicle agreed that Plaintiff was standing in the roadway. Plaintiff claimed to have sustained comminuted fracture to his dominant arm requiring open reduction internal fixation with pins/rods/screws and plate, plus ulnar nerve transposition, contusion to his elbow and shoulder. The defense expert opined that Plaintiff did not suffer a residual disability. Demand was $1,000,000 and settlement was negotiated after jury selection for $70,000.
Paul Fino on the defense.
Lopez - Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2016.
Plaintiff, an 85 year old woman, who was diagnosed with Alzheimer’s disease four months before the accident, was struck by Defendant’s van sustaining injury to her head. Plaintiff claimed the accident occurred in the crosswalk and claimed she had the green light. Defendant [our client] contended plaintiff was not in the crosswalk and came out from in front of a parked car. Plaintiff sustained a fracture of her skull’s occipital bone and developed an acute subdural hematoma and hemorrhagic contusions. She was hospitalized for 15 days of treatment and observation and then had impatient rehabilitation for 27 days. Additionally she underwent 21 months of physical therapy and the implantation of a shunt due to a build up of fluid on the brain. Plaintiff’s family claimed that Plaintiff sustained brain damage as she was confused and was experiencing increasing loss of memory. The family denied knowing Plaintiff had been diagnosed with Alzheimer’s just 4 months before the accident, despite her doctor’s record stating it was family members who accompanied Plaintiff to the examination that described the symptoms to the doctor. Defense expert neuropsychologist and expert neurosurgeon submitted reports in which they opined that Plaintiff achieved an excellent recovery and that her injuries could not have affected her cognition, but rather her current deficits were a result of her age and advancing Alzheimer’s disease. Just prior to trial, the demand was $5,000,000, but at a pretrial Mediation the parties negotiated a settlement of $1,500,000.
Paul Fino and Shelly Werbel on the Defense.
Humphrey – Automobile Accident – Pedestrian – Supreme Court, Bronx County, 2016.
A 52- year old unemployed female who was crossing street in crosswalk, was struck by Defendant’s van as it was backing out of a street. The street was blocked by an ambulance, with its flashing lights on, which was there on an emergency call. Plaintiff denied seeing the ambulance or hearing the van’s beep as it was backing out of the street. Summary Judgment was granted on liability before this matter was transferred to our firm to defend on damages. We would have argued in the summary judgment motion, that Plaintiff was at least partially responsible for this accident as she was severely intoxicated at the time and impaired on psychotropic mediation for bipolar disorder. She would have and should have seen the ambulance’s flashing lights and Defendant’s vehicle backing out of the blocked street. Plaintiff sustained a fractured femur of the left leg and bimalleolar fractures of each ankle. She underwent surgery for open reduction, internal fixation and she was hospitalized for three weeks. Plaintiff also claimed that the accident aggravated her arthritic condition of her left knee. Plaintiff claimed that although the fractures mainly resolved, her left knee remained painful and her ambulation was impaired. She also claimed she would need a knee replacement surgery in the future. Just prior to trial, this matter was mediated by Allen Hurkin-Torres. At Mediation, we argued that Plaintiff’s arthritis required her to use a cane even prior to the accident, and that our pre-trial surveillance revealed Plaintiff dancing in the street and dealing drugs from her bra. Further defense expert’s opinion was that Plaintiff made a good recovery and did not require extensive future medical treatment. Plaintiff’s pretrial demand was $10,000,000, which included a $1,950,000 claim for future medical expenses. Settlement was vigorously negotiated and ultimately this matter settled for $1,400,000, with $500,000 being placed in a structured settled for plaintiff’s future.
Paul Fino and Shelly Werbel on the defense.
Simon – Labor Law / Motor Vehicle – Wrongful Death - Supreme Court Nassau County, Verdict 2015.
Husband and wife wallpaper hangers reported to work at a construction site. They entered the site through and opening in fence made by our insured and drove onto the roof of a five-story underground parking garage. There was a large excavation pit at the end of the parking deck that was protected by a pedestrian safety railing. While the wife was driving, the vehicle slid on ice and she could not stop the car. The husband/passenger told he to jump out of the vehicle as it as approaching the excavation pit. He jumped out safely but she was unable to unfasten her seat belt and was still in the car when it drove through the railing and plummeted down 30 feet to her death. Aside from his wife’s wrongful death claim, the husband also claimed post-traumatic stress disorder from being in the zone of danger and witnessing his wife’s death. As a result, he claimed he could no longer work and sought recovery for his own pain and suffering as well as economic loss. After a five week trial, the jury returned a verdict of $9,450,000 finding owner 60% liable, project manager 30% liable, but the concrete contractor who was our client, who was the one who left the gate open, only 10% liable, which brought our client’s share of the verdict to below our policy and did not touch the excess policy.
Paul Fino on the Defense.
Alcantera – Motor Vehicle – Pedestrian – Supreme County, New York County.
Plaintiff while being distracted attempted to cross the street on restricted area of roadway. Plaintiff claimed he was in the cross-walk and had the right of way. Defense contended that plaintiff was looking at his cell phone when the impact occurred and that the impact occurred north of the crosswalk, where signs clearly indicate that pedestrians are not permitted. Jury found defendant [our client] to be negligent, but assigned 95% of the fault to the plaintiff and only 5% to our client. Jury determined damages totaled $200,000 but due to Plaintiff’s comparative fault the Plaintiff’s net recovery was $10,000. The Trial Judge denied plaintiff counsel’s motion for a mistrial and the Appellate Division affirmed the verdict in 2015.
Paul Fino on the Defense.
Tross – Premises / Innkeeper Liability – Settlement in 2014 - United States District Court, District of Connecticut. Plaintiff claimed Traumatic Brain Injury from being alleged struck in the head by a tile that fell off a shower wall in a five-star hotel. Plaintiff was a 31 year old partner at a law firm who alleged that his TBI injury resulted in his inability to work in any capacity and he claimed a $25 million dollar lost wage claim. After vigorous litigation on behalf of the defense and investigation into all aspects of plaintiff’s life, Plaintiff ultimately reduced his demand and accepted our settlement offer of $450,000 on the eve of trial.
Paul Fino for the Defense.
Schneider- Construction/Property Damage - Supreme Court Queens County, 2014.
Plaintiff’s suit was for over $300,000.00 for foundational damage to her home as a result of improper shoring, excavation and construction of a new multi-story dwelling being built next door to her. Co-Defendant owned a new property and contracted with the Defendant [our client] to perform the excavation, underpinning and shoring and with another Co-Defendant, the Architect/Engineer. Both Plaintiff and Co-Defendants put the primary blame on our Defendant for alleged improper performance of its work, causing the ground to shift and result in structural damages to Plaintiff’s home. Defendant argued that they performed their work as specified in the engineer and architect plans without any negligent deviation from same. The case settled prior to trial for $133,500.00, however, our client’s contribution was only $25,000.00.
Matthew I. Toker for the Defense.
Grey - Motor Vehicle- Supreme Court Westchester County, Verdict 2014.
A middle-aged female Plaintiff alleged sustaining numerous injuries, including lumbar spine herniations, requiring multiple injections and ultimately a discectomy. Plaintiff was the driver of a stopped vehicle and was struck by the Defendant’s vehicle. The accident occurred as a result of another accident between the Defendant and a Co-Defendant driver during a T-Bone type collision at a controlled intersection. The Defendant alleged that that Co-Defendant ran a red light, causing the initial collision and pushing Defendant’s vehicle to the right and into the Plaintiff’s vehicle. The Co-Defendant alleged that she proceeded into the intersection with a green light and that although it may have changed to red, after she entered the intersection, the Defendant should have waited for her to clear the intersection before he entered into it. Prior to trial Plaintiff had obtained Summary Judgment on liability, claiming this meant both Defendant and Co-Defendant were negligent and liable for her alleged injuries. Defendant’s motion at trial was to preclude any such finding on the grounds that Plaintiff’s Summary Judgment only results in a finding that Plaintiff cannot be negligent, but that a Jury may still find that Co-Defendant is 100% at fault. The Defendant had a $300,000 policy of insurance while Co-Defendant only maintained $100,000 in liability limits. As such, Defendants were required to obtain a complete defense verdict in order to protect the policy limits. The Jury returned a verdict finding the Co-Defendant was 100% liable for this accident.
Matthew Toker on the Defense.
Josefi – Fall from Ladder – 240(1) Labor Law – Supreme Court, New York County – Defense Verdict.
Plaintiff worker claimed he fell from a ladder during construction. Defense contended that the Plaintiff fabricated that he fell due to a defective ladder. Demand prior to trial was $750,000. The offer prior to trial was $250,000. After a 9-day trial, the jury deliberated for 15 minutes and rendered a Defense Verdict. The Trial Judge denied Plaintiff’s motion to set aside the verdict and the Appellate Division affirmed the verdict in 2015.
Paul Fino for the Defense.
Ferguson – Automobile Accident – Wrongful Death - Supreme Court, Queens County, 2016.
Decedent, a 47- year old female, exits her husband’s vehicle, planning to cross street to catch a bus to work. She kisses her husband goodbye, then proceeds to come out from behind his vehicle and dart in front of Defendant’s vehicle. Plaintiff argues his wife was in the cross-walk and the defendant’s vehicle failed to stop at a stop sign. Defendant [our client] argues he did stop at the stop sign and plaintiff came out at the last second from the parked vehicle, and was not in the crosswalk. There was a surveillance video, which although it did not capture the actual accident, did show Defendant’s vehicle stop at the stop sign and proceed past the crosswalk without incident. Defendant’s experts also argued that due to Plaintiff’s head injuries, she died instantly and sustained no pain and suffering. It was also argued that as she made no attempt to avoid the defendant’s vehicle, there can be no claim for fear of impending death. Just prior to trial this matter went to Mediation, at which time, besides a large seven figure pain and suffering claim, Plaintiff also contended their expert would show a $1,788,264 economic loss claim. This matter ultimately settled for $725,000.
Paul Fino for the Defense.
REAVIS –Motor Vehicle – Below Knee Amputation - Supreme Court Bronx County, 2013.
Plaintiff alleged that Defendant’s bus [our client] sideswiped his parked vehicle, causing severe injuries to his foot which ultimately lead to a below the knee amputation. During the unified trial on liability and damages, the Defense argued that Plaintiff was not parked, but rather that he pulled out into traffic. Defendants also argued that the necessity for the amputation was caused by a prior self-inflicted gunshot wound, from a year prior to the accident. Plaintiff argued that the medical records proved that the prior wound had fully healed long before the automobile accident and that the need for amputation arose due to severe pain that could not be treated by conservative means or surgery. Plaintiff asked the Jury to return a $14,000,000 verdict. The Jury returned a defense verdict on liability.
Matthew Toker on the Defense.
***Prior results is not a guarantee on future cases as each case is fact specific and results can vary.***