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Howard B. Cohen, Esq.
David H. Elibol, Esq.
Harry J. Forrest, Esq.
And the Law Firm of :
Gross Shuman Brizdle
& Gilfillan P.C.
465 Main Street, Suite 600
Buffalo, NY 14203
tel: 716.845.4300

For more info about our firm, go to www.gross-shuman.com

Libel Suit Results in $18.5 Million Jury Award

A restaurant owner and businessman was falsely identified 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 station to tell them they had named the wrong person.  At trial, it was revealed that every source contacted by the television station, including the FBI, denied that our client was the beating victim. As a result of the false broadcasts, our client suffered major business losses. He sued the television station and its parent company, and the jury awarded $18.5 million, including $4 million for loss reputation, $4.5 for loss of business, and $10 million for punitive damages.

 

As reported in The National Law Journal, The Buffalo News, the Niagara Gazette and Business First

 

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 receives his award in monthly payments over the course of his lifetime.

 

Young Boy injured by Accidental Discharge of Firearm - Long Term - Confidential Settlement

Our client was an 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’ against the local retailed who sold ammunition to children under the age of 16 in violation of New York State’s Penal Law; and against the manufacturer of the fun for it having an inadequate safety mechanism. The young man sustained a brain injury which required extensive medical treatment, rehabilitation and which has left him with left side partial paralysis. At trial, we were able to resolve his claim with the defendants which will provide our client medical and rehabilitative treatment, lifetime income and a substantial amount for pain and suffering. The financial terms of the settlement and the names of the parties are subject to a confidentiality agreement.

Failed Medical Procedure Results in $2.7 Million Settlement

A 30-year old rock star bodyguard was fatally injured during eye surgery that put him into a 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 for 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, 10, at the time of the incident.

 

As reported in the Buffalo News
 
Neck and Lower Back Injuries Result in $2.3 Million

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 makers or barricades around it to keep our client form the areas. As a result, he needed complex surgery to repair the damage and has never been able to return 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.

 

As reported in The Buffalo News and the Niagara Gazette

 

A Buffalo Woman Injured by Tainted Diet Supplement Awarded Over $1 Million

Our client took over-the-counter L-tryptophan, an amino acid supplement; for dietary reasons and she became ill due to production contamination problems linked to the defendant’s 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.

 

As reported in The Buffalo News

 
Lockport Girl’s $1.8 million dollar settlement

The parents of a 6-year-old Lockport girl, severely burned when she fell onto 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 leg, one day after his 5th birthday, when she fell into an unguarded fire pit in her neighbor’s back yard.

 

As reported in The Buffalo News

Fatal Bicycle Accident Results in $1.4 Million Verdict

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 5 days later. The driver received a non-criminal traffic ticket and was fined. The executive’s widow, on behalf of herself and her two sons, sued the driver and the 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 by the defendant’s liability insurance company.

 

As reported in the Buffalo News.

Construction Worker Gets $1.1 Million for Severe Hand Injury

A 61-year old Albion, NY truck driver was awarded $1.1 million following a liability trial which found the state of New York liable for violations of New York State Labor Law section 241(6); and a binding arbitration to determine the extent of his injuries and to determine fair compensation. Our clients right hand suffered crush injury when a 55-pound metal bucket broke off an excavator during a road widening job.

 

As reported in the Buffalo News

 

Union Plumber Disabled in Car Accident Collects $1 million

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 the 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.

 

As reported in the Buffalo News

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 pick up truck crossed into their lane. The husband was ale to avoid the pickup, and honked the 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 $977,000. The settlement covered economic loss as well as the emotional shock and distress the husband suffered on witnessing the collision.

 

As reported in the Buffalo News and the Niagara Gazette.

 

Construction Accident Results in $966,641 Verdict
A 43-year old masonry worker was inured 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, back 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.

 

As reported in the Buffalo News

 

Construction Accident Results in $764,796 Verdict

A 53-year old union laborer and decorated Vietnam War Veteran was injured when a detiorating ramp into a 12-foot pipeline trench gave way as he and a fellow 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 lower back injury and which prevented him from returning to work. The insurance company lawyers for the pipeline companies contended that he had prior injuries to his back caused by a landmine explosion in Vietnam and only offered the sum of $25,000.

 

Carpenter Reaches $665,000 Settlement with Xerox

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 violation of New York State’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 loss and for any medical bills which he may incur in the future.

As reported in The Rochester Daily Record & Verdict Search New York

 

Woman Recovers from Physician for Failure to Diagnose Cancer

A 24-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 extensive treatment and left her with unnecessary treatment, illness and with her health substantially compromised. The matter proceeded to trial, but was settled during the middle of trial when the defendant doctor conceded his negligence at trial. Since the doctor was no longer practicing in New York state our client agreed to a confidential settlement.

 

Auto Collision Causing Stroke Results in $650,000 Settlement

A 43-year old woman’s car was shoved off in the road by a cement truck when she stopped for a multi-car accident on a snow-covered country 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 the settlement and the insurance company that owned the cement truck was ordered to pay our client $650,000.

 

As reported in The New York Verdict Reporter and The Buffalo News

 

Construction Accident Results in $476,829 award

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.

   

A Buffalo Architect Recovers Verdict of $459,214

Legal Experts in the community said the verdict was one of the highest cash awards given against a disability insurance company. Our client sank into a long depression after being cheated by a partner in a business deal. Our client could not work or function and filed a disability claim. The disability insurer denied his claim for untimely notice and did not recognize bi-polar disorder as a basis of his disability. The verdict of the United States District Court was upheld by the Second Circuit Court of Appeals.

 

As reported in the Buffalo News 

 

Parents of 14-year Old Boy Killed in Bicycle Accident Awarded $452,000

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 sum of $452,000.

 

As reported in the Buffalo News

 

Wrongful Death of Child Hit by Bus Results in Confidential Settlement

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 Confidentiality agreement. 

 

Ford Worker Recovers $440,000 Award

Our client, a 57-year old quality control inspector at the Ford stamping plant in Buffalo, NY was struck from behind by a forklift manufactured by Yale MFG, which was not equipped with flashing lights or a sound device to alert pedestrians around the plant, and which was available to Ford. Our client suffered a fractured femur requiring open reduction with internal fixation. He was hospitalized for seven weeks and was required to take a disability retirement because of his injuries.

 

As published in the New York Jury Verdict Reporter

 

Prior results do not guarantee a similar outcome