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Motor Vehicle – Driver Rear-Ended by Driver in Rental Car

XVIII/50-42 MOTOR VEHICLE – REAR END- SUMMARY JUDGMENT FOR PLAINTIFF ON LIABILITY – HERNIATED LUMBAR DISC

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, Woodbury.

This action settled prior to jury selection on damages for $1,425,000. On 10/19/96, Pltf., a 36-year-old registered nurse at Long Island Jewish Hospital and the mother of two, was stopped for a red light at the intersection of Glen Cove Ave. and Brewster St. in Glen Cove when she was struck from behind by a rental vehicle being operated by Deft. Shimbukuro. Judge Arthur W. Lonschein granted Pltf. summary judgment on liability, and the case proceeded on the issue of damages.

Injuries: herniated lumbar disc at L5-S1. In June 1999, approximately 3 years post-accident, Pltf. underwent a hemilaminectomy at the Hospital for Joint Diseases. Pltf. claimed that there was a possibility that she would require further surgery in the future.

Beginning in March 1997, Pltf. returned to work on limited duty for two to three shifts per week, but later cut back her schedule to twice weekly shifts. She was terminated in December 1999, following a leave of absence from April to June 1999. At the time, she had been earning an hourly rate of $28 and working three shifts per week. Pltf. was still treating with a physical therapist at the time of this settlement. Deft. would have disputed the extent of the injury and contended that the hemilaminectomy had been unnecessary and had only worsened Pltf. s condition. Carriers: Fireman’s Fund Insurance paid $1,000,000; Deft. was self-insured for the remainder.

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Worker Receives Electric Shock and Falls from Scaffold

XIX/10-38 LABORLAW – ELECTRIC SHOCK – FALL FROM SCAFFOLD

HERNIATED LUMBAR DISC AND CARPAL TUNNEL SYNDROME

Pltf. Atty: Mark T. Freeley of Buttafuoco & Associates, Woodbury.

Deft. Atty: Alexandra C. Karamitsos of Wilson, Rave, Conboy, Cozza & Couzens, P.C., White Plains, for Structure Tone.

Gerald P. Dwyer of Dwyer & Brennan, Manhattan, for P .E. Stone.

Roger McTieman of Barry, McTiernan & Moore, Manhattan, for Petrillo Stone.

This action settled prior to jury selection for $690,000, plus the waiver of a $152,830 Workers Compensation lien. Pltf., a 42-year-old stone setter, was setting stone on a building wall on 12/23/96 at a construction site in Manhattan when he received an electric shock. Pltf. claimed that a halogen lamp attached to the scaffold he was using had exposed wires, which sent a current into the scaffold, causing him to fall about 10 feet. Pltf. fell onto a co-worker, but he hit his hand and back on the scaffold as he fell. All pretrial motions, including Pltf. s motion for summary judgment pursuant to Labor Law §240, were denied. Prior to settlement, Pltf.’s employer, Petrillo Stone, had assumed the defense for Structure Tone.

Injuries: herniated lumbar disc requiring a discectomy; carpal tunnel syndrome requiring surgery. Pltf. was out of work for 2 years. He returned to work as a limousine driver. Carriers: CNA for Petrillo, which had assumed the defense for Structure Tone; Travelers for P.E. Stone; Kemper for Petrillo Stone on Workers Compensation lien. Settlement apportionment: $615,000 paid by Petrillo for Structure Tone; $75,000 paid by P.E. Stone; $152,830 Workers Compensation lien waived by Third-party Deft. Petrillo.

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Fall from Scaffold Results in Spinal Injuries

XX/25-40 LABOR LAW – FALL FROM SCAFFOLD – SUMMARY JUDGMENT ON LIABILITY

BULGING CERVICAL AND LUMBAR DISCS, TORN MENISCI, AND CONCUSSION

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, P.L.L.C., Woodbury.

Deft. Atty: David E. Potter of Lazare, Potter, Giacovas & Kranjac, L.L.P., Manhattan, for City of New York and Perini Corp.

Jeffiey S. Feinerman of Meiselman, Denlea, Packman & Eberz, P .C., White Plains, for Nelson Maintenance Services.

This case settled just before plaintiff rested for $1,300,000. On 12/1/94, plaintiff, a 39-year-old union painter employed by Third-party defendant Nelson Maintenance Services, fell off a double Baker scaffold which collapsed under him while working at the sewage treatment plant at Coney Island in Brooklyn. Defendants contended that the accident did not happen as plaintiff claimed. In June 1999, plaintiff was granted summary judgment on the issue of liability pursuant to Labor Law §240(1 ).

Injuries: bulging cervical disc at C4-5; bulging lumbar disc at L4-5, with radiculopathy on the right side confirmed by EMG; torn medial and lateral menisci in the right knee requiring arthroscopic surgery and future total knee replacement; mild concussion with post-concussion syndrome and headaches; questionable chip fracture of the right calcaneus. Defendants claimed that the arthroscopic surgery that was performed was a routine operation, and did not result in permanent disability. Defendants also contended that there was no fracture to the calcaneus. Plaintiff claimed that he is unable to work, and he has not returned to work. He claimed lost earnings in the range of $40,000 to $50,000 per year plus benefits. Defendants disputed the extent of plaintiff s lost earnings, claiming that he had a sporadic work history with union earnings of only $20,000. Plaintiff’s vocational rehabilitation expert testified that plaintiff had sustained past lost earnings of $500,000 and future lost earnings of $1,500,000. The judge struck his testimony, finding that there was insufficient factual basis, since no W-2s or tax returns, were provided. Specials: $26,000 for past medical expenses; $200,000 for future medical expenses. Demonstrative evidence: MRIs; EMGs; models of the spine and knee. Settlement apportionment: Perini paid $150,000; Nelson paid $1,000,000, policy coverage, and $150,000 from the State Insurance Fund 1B coverage. Carriers: GAN for Nelson ($1,000,000 policy); St. Paul for Perini.

Pltf. Expert(s): Dr. Irving Friedman, neurologist, Brooklyn; Dr. Ali Guy, physiatrist, Manhattan; Dr. Frank Carr, orth surg., Brooklyn; Stuart Sachnin, Ph.D.,vocational economist, Manhattan, ( testimony striken).

Deft. Expert(s): Defendant would have called Dr. Jerome Block, neurologist, Manhattan; Dr. Aldo Vitale, orth. surg., Brooklyn.

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Motor Vehicle – Driver Injured When Struck from Behind

XVI/48-20 MOTOR VEHICLE REAR END LIABILITY CONCEDED NO- FAULT QUESTION ON HERNIA TED CERVICAL DISC

Judge: Jack I. Cannavo.

Verdict: $218,500 for Emily B. (5/1). Breakdown: $40,000 for past pain and suffering; $33,500 for past lost earnings; $50,000 for future pain and suffering; $30,000 for future lost earnings; $50, 000 for future medical expenses; $15,000 for future physical therapy. $20,000 for spouse for loss of services. Post-trial motions were denied. Jury: 4 male, 2 female.

Pltf. Atty.: Daniel P. Buttafuoco of Daniel Buttafuoco and Assoc., Woodbury.

Deft. Atty.: James F. Furey of Perez and Furey, Uniondale.

Facts: This motor vehicle accident took place on 7/30/96 at the intersection of Marie Drive and

Southdown Rd. in Huntington. Pltf., a 36-year-old self-employed piano teacher, claimed that her vehicle was struck in the rear by a vehicle driven by Deft. Lundell and owned by Deft. Jonas while she was stopped at a stop sign. Liability was conceded and this trial was on the issue of damages.

Injuries: herniated cervical disc at C5-6 with nerve impingement. Pltf. was out of work for 6 weeks following the accident. She underwent physical therapy and claimed that she still experiences pain. Pltf.’s expert testified that her injury is permanent, and that future surgery is likely. Deft. denied that Pltf. sustained a serious injury under the No-Fault Law, Insurance Law § 5102( d). Deft. contended that there was an incidental MRI finding, and claimed that the injury is not causally related to the accident. Deft. further contended that there was no nerve compression. The jury found that there was no permanent consequential limitation of use of a body part or function and no significant loss of use, but found that Pltf. met the 90/180 day threshold.

Demonstrative evidence: photos of Pltf.’s vehicle; charts of herniated discs; MRI films; model of the spine. Offer: $80,000; demand: $250,000. Jury deliberation: 5 hours. Carrier: Chubb.

Pltf. Experts: Dr. Ali Guy, physiatrist, Manhattan; Dr. Jeffiey Klein, spine surgeon, Brooklyn.

Deft. Expert: Dr. Edward Ryan, neurosurgeon, Huntington.

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Motor Vehicle – Pedestrian Injured in Crosswalk

XX/21-39 MOTOR VEHICLE PEDESTRIAN IN CROSSWALK HERNIATED LUMBAR DISCS WITH SURGERY

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, Woodbury

Deft. Atty: Gregory S. Katz of Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P., Manhattan.

This action settled before jury selection for a partially structured settlement having a cash value of $900,000. Plaintiff was a 30-year-old carpenter who was struck by defendant’s armored vehicle as he crossed in the crosswalk at the intersection of Eighth Ave. and West 39th St. in Manhattan. Plaintiff contended that he had a walk signal. Defendant would have testified that its driver made a left turn on a green light. Defendant’s answer was stricken for its driver’s failure to attend depositions. Defendant’s motion to reopen on the grounds that its driver was in the military and was not able to attend depositions had not been decided when this case settled.

Injuries: herniated lumbar discs at L4-5, L5-SI with a discectomy at both levels and a fusion at L4-S1; tear of the left (nondominant) glenoid labrum. Plaintiff never returned to work. He was earning $25,000 per year at the time of the accident. Defendant would have contended that plaintiff had been injured in a subsequent fall in July 2001, and that the hospital record showed that plaintiff had a pre-existing herniated disc. Structured settlement details: The action settled for $500,000 cash, plus a $400,000 structure, with a projected yield of $1,600,026. Carrier: Hallmark ($1,000,000 policy).

Pltf. Expert(s): Dr. Richard Parker, orth. surg., Valley Stream; Dr. Robert Diamond, radiologist, Bedford; Dr. Lancelot Young, orth. surg., Howard Beach; Dr. Ali Araghi, orth. surg., Howard Beach; Dr. Steven Pinsky, anesthesiologist, Rockville Centre.

Deft. Expert(s): Dr. Joseph L. Paul, orth. surg., Brooklyn; Dr. Joyce Mesch-Spinello, vocational rehabilitation, Manhattan; Dr. Marina Neystat, neurologist, New Hyde Park; Dr. Vincent Amato, chiropractor; Dr. Jeffrey Schwartz, physical and rehabilitative medicine, Manhattan.

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Truck Struck Bicyclist after Driver Fell Asleep

Settlement: $1,900,000.00

Injury: Doctors determined that he had sustained a head injury, a traumatic brain injury, a transverse-process fracture of his spine’s C6 vertebra, multiple rib fractures and a laceration of his spleen. The rib fractures created a pneumothorax, which is an air or gas buildup that occupies the pleural cavity.

M. underwent a tracheostomy, with implantation of a chest tube. He also underwent dialysis. His coma lasted three months. On Sept. 19, 2000, he was transferred to Moss Rehabilitation Hospital, in Philadelphia.

Verdict Information: The jury rendered a plaintiffs’ verdict. It found that Martin was an agent, servant and/or employee of Augie’s Baked Products. Prior to the scheduled start of the trial’s damages phase, the parties agreed to a $1.9 million settlement.

1 - Motor Vehicle – Driver Rear-Ended by Driver in Rental Car

2 - Worker Receives Electric Shock and Falls from Scaffold

3 - Fall from Scaffold Results in Spinal Injuries

4 - Motor Vehicle – Driver Injured When Struck from Behind

5 - Motor Vehicle – Pedestrian Injured in Crosswalk

6 - Truck Struck Bicyclist after Driver Fell Asleep

These are a just few of our Spine Injury verdicts and settlements. To date, we have over 50 verdicts and settlements that exceed $1,000,000 and have recovered over $250,000,000 for our clients. Additionally, we have some of the top verdicts and settlements in the country. Call today to speak with one of our attorneys. 1.800.Now.Hurt.