Buffalo Case Results
Carpenter Reaches $665,000 Settlement with Xerox
As Reported in The Rochester Daily Record & Verdict Search New York
A union carpenter, who suffered injuries while working at a Xerox building under construction in Rochester, received a 665,000 settlement. The settlement was reached as the case went to trial. Our client, a 40-year old union laborer, was working for Pike Structural Services doing drywall, when he slipped on a pile of debris left in the work area. He fell and sustained injuries to his back and neck. The claim was pending in New York State Supreme Court, Monroe County, for alleged violations of New York Stat's Labor Law. He suffered a permanent disability to his neck and back, which required extensive medical treatment. The award is intended to reimburse him for his income a loss and for any medical bills which he may incur in the future.
Neck and Lower Back Injuries Result in $2.3 Million
As reported in The Buffalo News and the Niagara Gazette
A 45-year old union laborer stepped into an obscured grass-covered hole in the ground at a sewer treatment plant and was left with permanent lower back and neck injuries that devastated him and his family. The hole housed a shut-off valve, and the company had neglected to place warning markers or barricades around it to keep our client from the area. As a result, he needed complex surgery to repair the damage and has never been able to return to work. Following two weeks of testimony during the jury trial, the judge approved the settlement and the insurance company for the construction company paid $2.3 million.
Lockport Girl's $1.8 Million Dollar Settlement
As reported in The Buffalo News
The parents of a 6-year old Lockport girl, severely burned when she fell into hot coals in a neighbor's trash fire pit, accepted an insurance settlement that will pay her at least $725,000. A State Supreme Court Justice approved the settlement that could ultimately pay the girl as much as $1.8 million. The young girl suffered severe burns on her hands, feet and legs, one day after her 5th birthday, when she fell into an unguarded fire pit in her neighbor's back yard.
Failed Medical Procedure Results in $2.7 Million Settlement
As reported in The Buffalo News
A 30-year old rock start bodyguard was fatally injured during eye surgery that put him into vegetative state and resulted in his death 4 years later. The ill-fated surgery was performed after a man, wielding a tire iron, beat him on the head after the bodyguard left a tavern at midnight. He had entered the hospital or corrective eye surgery for the bone damage around his eye as a result of the beating. The bodyguard's mother sued the hospital, the anesthesia equipment manufacturer and the equipment maintenance company, over her son's death. The hospital and the two medical firms will pay the $2.75 million court-approved settlement to the bodyguard's three children, aged 15, 13 and 10, at the time of the incident.
Libel Suit Results in $18.5 Million Jury Award
As reported in The National Law Journal, The Buffalo News, the Niagara Gazette and Business First
A restraint owner and businessman was falsely indentified on three television news broadcasts as the victim of a Mafia beating that resulted from his involvement with loan sharks. Our client immediately called the television to tell them they had named the wrong person. At trial, it was relevant that every source contacted by the television station, including the FBI, denied that our client suffered major business losses. He sued the television station and its parent company, and the jury awarded $18.5 million, including $4million for loss of reputation, $4.5 million for loss of business, and $10 million for punitive damages.
Fatal Auto Collision Results in $977,000 Settlement
A 44-year old woman was killed when a pickup truck crossed over the center line and smashed head-on into her car as her husband and 3 grandchildren watched from another car. The family was traveling together in separate cars when the pickup truck crossed into her lane. The husband was able to avoid the pickup, and honked his horn to alert his wife to the danger, but she was unable to avoid the truck following a day long trial, the judge approved the settlement and the insurance companies for the driver and the company that owned the truck were ordered to pay $997,000. The settlement covered economic loss, as well as the emotional shock and distress the husband suffered on witnessing the collision.
Union Plumber Disabled in Car Accident Collects $1 Million
As reported in The Buffalo News
A Niagara Falls plumber, permanently disabled in a car accident, has collected $1 million through a negligence lawsuit and supplemental insurance. Our client, 45, was awarded the insurance payment by an American Arbitration Association arbitrator. Our client received a $500,000 settlement in his State Supreme Court negligence suit against motorist, also of Niagara Falls, and the arbitration award comes from the supplemental policy held by our client's employer. Our client was driving a company van on Tenth Street in Niagara Falls, when the other driver, then 70, mistakenly stepped on the gas instead of the brake and broadsided the van.
Construction Accident Results in $764,796 Verdict
As reported in The New York Jury Verdict Reporter
A 53-year old union laborer and decorated Vietnam War veteran was injured when a deteriorating ramp into a 12-foot pipeline trench gave way as he and another worker were lowering a 150-pound heat ring into the trench to apply a doping material on the pipeline. Our client fell 12 feet into the trench, suffering a severe back injury that prevented him from continuing to work as a laborer or even at a desk job. The insurance lawyers for the pipeline companies contended that he had prior injuries to his back caused by a land mine explosion in Vietnam and offered $25.00. We hired four experts- a physiatrist (a physician specializing in physical medicine and rehabilitation), an engineer, a vocational rehabilitation expert and an economist, and took the matter to trial. After a 4-day trial, the jury deliberated for 3 hours and the insurance company for the defendant agreed to pay $764,796.
Construction Accident Results in $966,641 Verdict
As reported in The Buffalo News
A 43-year old masonry worker was injured when he was knocked from a scaffold after a fork-lift slammed into the scaffold. Our client fell 25 feet to the ground and suffered severe pelvic, foot, spinal cord and nerve damage. Following a week-long trial, the jury deliberated four hours and the insurance company for the construction company was ordered to pay $966,641.
A Buffalo Women Injured by Tainted Diet Supplement Awarded Over $1 Million
As reported by The Buffalo News
Our client took over-the-counter L-tryptopphan, an amino acid supplement, for dietary reasons and she became ill due to production contamination problems linked to the defendants manufacturing process. The Buffalo News reported that lawsuits against this Japanese manufacturer regarding this natural amino acid supplement had previously produced awards of more than $1 million.
Auto Collision Causing Stroke Results in $650,000 Settlement
As reported in The New York Jury Verdict Reporter and The Buffalo News
A 43-year old woman's car was shoved off the road by a cement truck when she stopped for a multi-car accident on a snow-covered county road, causing a tear of her vertebral artery, resulting in a stroke three days later. The cement truck driver testified his view of our client's car was blocked by the snow whiteout in the open stretch of road, which caused the 13-car chain-reaction accident. Following a 4-day jury trial, the judge approved settlement and the insurance company that owned the cement truck was ordered to pay our client $650,000.
Young Boy Injured by Accidental Discharge of Firearm
Our client was a 11-year old boy who, while visiting at a neighbor's house with several friends, was injured by the accidental discharge of a firearm by his fellow schoolmate. Claims were brought against the parents of the child who discharged the gun; against the parents who permitted their child to have possession of the gun; and against the local retailer who sold ammunition to children under the age of 16 in violation of New York's State Penal law; and against the manufacturer of the gun for it having an inadequate safety mechanism. The young man sustained a brain injury which required extensive medical treatment, rehabilitation treatment, lifetime income and a substantial amount of pain and suffering. The terms of the settlement and the names of the parties are subject to a confidentiality agreement.
Fatal Bicycle Accident Results in $452,000 Settlement
As reported in The Buffalo News
A family brought claim on behalf of their 14-year old son, who was killed when he fell off his bike into the path of an oncoming vehicle after veering around another car that was blocking the sidewalk. After a week-long trial, the homeowner was found by an Erie County Supreme Court Jury to be responsible for blocking sidewalk access and our client's family was awarded the sun of 452,000.
Woman Recovers from Physician for Failure to Diagnose Cancer
As reported in The Buffalo News
A 22-year old woman had an x-ray which revealed an enlarged mediastinal mass. The radiologist recommended a biopsy to either confirm or rule out cancer. The general surgeon, contrary to the radiologist's recommendation, instead chose to do a thyroid scan. Within 12 months, the patient was in critical condition and required extreme treatment, which reduced her chanced of survival and left her health substantially compromised. The matter proceeded to trial, during which she received a settlement award. The settlement is subject to a confidentiality agreement.
Fatal Bicycle Accident Results in $1.4 Million Verdict
As reported in The Buffalo News
A 53-year old print company executive was severely injured when a car driven by a teenager hit him as he bicycled to work. He died five days later. The driver received a non-criminal traffic ticker and was fined. The executive's widow, on behalf of herself and her two sons, sued the driver and owner of the car for wrongful death, which included her husband's future lost wages and her son's loss of parental guidance and support. Their husband and father's estate recovered the sum of $1.4 million, paid the defendants liability insurance company.
Injured Construction Worker Receives Award of $5.9 Million
A 22-year old construction worker was injured when a construction vehicle ran over his foot during the construction of a gas pipeline. The construction worker underwent several surgeries to repair multiple fractures to his right foot and was rendered permanently disabled from most employment; and he was left to walk with a cane. The award came as a result of a unanimous verdict during a trial held before the Niagara County Supreme Court, which found the owner of the gas pipeline negligent in the supervision of the work site. The construction worker received his award in monthly payments over the course of his lifetime.
Wrongful Death of Child Hit by Bus Results in Confidential Settlement
As reported in The Buffalo News
A 14-year old boy was bicycling down a Buffalo city street when a public bus hit him, causing severe head trauma and internal injuries. Eyewitnesses reported the bus was traveling too fast and too close to the curb. Three days later, the boy died. The boy's family filed a wrongful death lawsuit against the government agency associated with the bus company. Just before trial, the presiding justice approved an award to the boy's family. The award is subject to a confidentiality agreement.
Construction Accident Results in $476,829 Award
As reported in The Buffalo News
A 54-year old union carpenter was injured when he fell off a platform after slipping on oil that had dripped there. The client fell to the roadway and fractured his heel. The matter was before the New York State Court of Claims. The insurance companies for both the construction company and the roadway agreed to pay an award of 476,829.