JURY VERDICTS
LABOR LAW
Kutner v. Waldbaums, Bronx County Supreme Court Index No. 25675/98; Hon. Dianne T. Renwick
Plaintiff was working in a cage affixed to the blades of a forklift at a height of 14 feet. He alleged that the cage was caused to plunge to the floor as a result of the operator's negligence. The operator was a security guard who never used a fork lift before and never had any training in its use. Plaintiff alleged herniations at L3-4 through L5-S1 for which he underwent a laminectomy, fusion and implantation of a titanium fixation cage.
The jury found a Labor Law 240 violation but no proximate cause on the injuries. DEFENSE VERDICT
Toms v. New York State Thruway Authority, New York State Court of Claims No. 100978; Hon. Stephen J. Mignano
Plaintiff was a structural engineer inspecting a caisson on the Tappan Zee Bridge. He fell through an unguarded and unlit hatchway in a side chamber of the caisson. The State acknowledged the lack of lights and guards around side chambers but argued that they are entered rarely so that this type of incident would not be anticipated. DEFENSE VERDICT
Mata v. Chera and Hoyt, Bronx County Supreme Court Index No. 23442/96; Hon. Paul Victor
Plaintiff fell off of a ladder while replacing roll-down gates on a store. Plaintiff alleged the ladder wobbled causing him to drop the gate and fall off of the A-frame ladder. The jury found a Labor Law 240 violation but no proximate cause: DEFENSE VERDICT
MOTOR VEHICLE (LIABILITY VERDICTS)
Carnegie v. Siska, Sullivan County Supreme Court Index No. 1712/03; Hon. Vincent Clemente
Plaintiff was struck by Defendant's vehicle in an intersection. Plaintiff alleged that Defendant did not stop at a Stop sign and was speeding. Defendant alleged that Plaintiff failed to stop for a Stop sign and failed to yield the right of way. DEFENSE VERDICT 5/18/2005 Report Pending
Reilly v. Watson, Rockland County Supreme Court Index No. 1992/03; Hon. Alfred A. Weiner
Plaintiff was rear-ended by the Defendant after she stopped her vehicle on the roadway due to being struck in the windshield by a flying bird. Her vehicle was caused to roll over twice as a result of the rear-end impact. Plaintiff argued Defendant was following too closely and Defendant argued the Plaintiff stopped suddenly. The Court refused to give the emergency charge to the jury. DEFENSE VERDICT 2/23/05 Report Pending
Hunn v. Wilson, Nassau County Supreme Court Index No. 2141/03; Hon. Ute W. Lally
Defendant made a left turn in front of the Plaintiff's vehicle after allegedly failing to stop at a Stop sign. Defendant alleged the vehicle in front of the Plaintiff was making a right turn onto Defendant's road and that Plaintiff crossed over the double yellow line to pass that first vehicle while Defendant was turning left. DEFENSE VERDICT
Denes v. Folchetti, Dutchess County Supreme Court Index No. 2044/04; Hon. Christine A. Sproat
Plaintiff motorcyclist struck Defendant's vehicle which Plaintiff alleged was stopped illegally without directional signals in the middle of the road. Defendant alleged was slowing down to make a left turn. DEFENSE VERDICT
Deitz v.Huibregtse, Dutchess County Supreme Court Index No. 005229/2001; Hon. Bruce E. Tolbert
Two Plaintiffs were pedestrians who were struck by the Defendant's motor vehicle. Both Plaintiffs alleged they were crossing within the crosswalk while Defendant maintained that they were outside of the crosswalk just over the crest of a hill. The first Plaintiff sustained a fractured pelvis and the second Plaintiff sustained bilateral tibia and fibula fractures. DEFENSE VERDICT
Anilus v Jacques, Kings County Supreme Court Index No. 17913/03; Hon. Gerald Held
Plaintiff alleged that defendant was backing into a parking spot when he struck the plaintiff who was crossing the street. Defendant contended that plaintiff was crossing outside the crosswalk when she walked into the side of defendant's car which had already safely backed into a parking spot. The responding Police officer testified that defendant admitted at scene that he was backing into a spot when plaintiff walked into the side of his car. DEFENSE VERDICT 3/17/05 Report Pending
DeBlasi v. Magee, Westchester County Supreme Court Index No. 2906/2002; Hon. Linda S. Jamieson
Plaintiff was a pedestrian when struck by Defendant's motor vehicle. Plaintiff claimed he was in the crosswalk at the time and Defendant alleged Plaintiff was crossing outside of the crosswalk. Plaintiff sustained a fractured acetabulum. DEFENSE VERDICT
McVicker v. Morehead, Dutchess County Supreme Court Index No. 3865/01; Hon. James V. Brands
Plaintiffs alleged they were rear-ended when they stopped because of a vehicle in front sliding back down an icy hill. Defendant alleged he was stopped when the vehicle slid down the hill into the Plaintiffs and pushing their vehicle into the front of his. Defendant had told a police officer at the scene that he rear-ended the Plaintiffs but retracted that admission at trial and testified he was "merely joking." DEFENSE VERDICT
Gabay v. Sukenik, Westchester County Supreme Court Index No. 8891/03; Hon. Louis A. Barone
Plaintiff alleged he was a pedestrian crossing within a crosswalk when struck by the Defendant's motor vehicle. Defendant alleged Plaintiff suddenly stepped out into traffic from between parked cars and walked into Defendant's vehicle. DEFENSE VERDICT
Powell v. Tuyn, Westchester County Supreme Court Index No. 7611/00; Hon. Linda S. Jamieson
Decedent was crossing in a crosswalk when struck and killed by the Defendant. Defendant alleged that the 87 year old decedent was wearing a black jacket in the dark and that she was running in the uncontrolled crosswalk. DEFENSE VERDICT
Prizgintas v. Capriglione, Orange County Supreme Court Index No. 8089/98; Hon. Peter C. Patasalos
The 80 year old Plaintiff was a pedestrian struck by the Defendant's motor vehicle. Plaintiff alleged he was crossing in the crosswalk and Defendant alleged that he was stopped at the corner when Plaintiff fell into his car. DEFENSE VERDICT
Orlik v. Robbins, Dutchess County Supreme Court Index No. 281/97; Hon. Judith L. Hillery
Rear-end collision with plaintiff's vehicle that had stalled partially on the roadway. Emergency situation alleged by defendant: DEFENSE VERDICT
Hitchcock v. Kruse, et al., Putnam County Supreme Court Index No. 609/97; Hon. S. Barrett Hickman
Failure of axle causes head-on collision. Plaintiff and co-defendant mechanic argued that host driver should have been aware of progressive problem leading up to axle failure: DEFENSE VERDICT AS TO HOST DRIVER
Almond v. Engler, et al., Putnam County Supreme Court Index No. 72/96; Hon. Harold L. Wood
Two separate accidents 5 days apart - plaintiff hit by left turning defendant in first accident and rear-ended by defendant in second accident: DEFENSE VERDICT ON BOTH
Taylor v. Alvarez, Orange County Supreme Court Index No. 6272/97; Hon. Elaine Slobod
Defendant slid on snowy road into plaintiff's stranded vehicle: DEFENSE VERDICT
Seelow v. Brooks, et al., Saratoga County Supreme Court Index No. 756/98; Hon. Edward A. Sheridan
Black ice alleged to be reason for failure to yield: DEFENSE VERDICT
Ott v. Schuyler, Orange County Supreme Court Index No. 2530/97; Hon. Jeffrey G. Berry
Plaintiff alleged that defendant crossed over into her lane and struck her vehicle. DEFENSE VERDICT
Haughey v. Noone, Putnam County Supreme Court Index No. 2050/96; Hon. William B. Braatz
Defendant crossed over double yellow line and hit plaintiff; defendant received summons for crossing over and pleaded guilty; wet road defense: DEFENSE VERDICT
Rappazzo v. Vallejo, et al., Westchester County Supreme Court Index No. 20842/96; Hon. Samuel G. Fredman
Defendant (host driver) made left turn in front of co-defendant's vehicle. Question of lights. DEFENSE VERDICT
Dieguez v. McClernon, Sullivan County Supreme Court Index No. 2499/95; Hon. Anthony T. Kane
Plaintiff alleged that defendant stopped short. DEFENSE VERDICT
Scozzafava v. Shanley, et al., Westchester County Supreme Court Index No. 12131/96; Hon. Peter P. Rosato
Wrongful death - lane change question. DEFENSE VERDICT
Wright v. Verdis, Dutchess County Supreme Court Index No. 4800/97; Hon. Ralph A. Beisner
Pedestrian knock-down/infant dart-out: DEFENSE VERDICT
Salmon v. Diluvio, Rockland County Supreme Court Index No. 5877/96; Hon. Robert R. Meehan
Plaintiff claimed defendant crossed over center line; defendant claimed plaintiff made left turn in front of her: DEFENSE VERDICT
Walsh v. Henniker, Lewis County Supreme Court Index No. 02080/98; Hon. John S. Parker
Wrongful death action arising out of a collision between a snowmobile and a pickup truck; plaintiff claimed defendant swerved into his lane of travel: DEFENSE VERDICT
MOTOR VEHICLE (DAMAGES VERDICTS)
Christman v. Cueva, Dutchess County Supreme Court Index No. 2193/2001; Hon. James Pagones
Plaintiff was rear-ended by Defendant who conceded liability. Injuries alleged included herniations at L4-5 and L5-S1 with a recommendation by both the plaintiff's neurosurgeon and defendants' IME physician that plaintiff undergo a lumbar fusion. DEFENSE VERDICT 11/18/05 Report Pending
Cummings v. Gu and Budget Rent-a-Car, Erie County Supreme Court Index No. 1262/03; Hon. Rose H. Sconiers
Plaintiff was rear-ended by Defendant's rental vehicle. Injuries alleged included herniation at C3-4 resulting in a diskectomy and cervical fusion at C3-4, C4-5 and C5-6. DEFENSE VERDICT
Durham v. New York East Travel, Inc., St. Lawrence County Supreme Court Index No. 108797/01; Hon. David Demarest
Injuries alleged included herniation at C2-3. DEFENSE VERDICT
Rickli v. Sugarman, Rockland County Supreme Court Index No. 5470/02; Hon. Margaret Garvey
Plaintiff was rear-ended by Defendant who conceded liability. Injuries alleged included herniations at L4-5 and L5-S1 with an annular tear at L5-S1. DEFENSE VERDICT 5/31/05 Report Pending
Acker v. Fabiano, Nassau County Supreme Court Index No. 17323/02; Hon. Kenneth A. Davis
Fractured rib, cervical radiculopathy, shoulder impingement. Defendant's expert testified that the fracture was pre-existing. The jury found that there was a permanent consequential limitation but not as a result of the accident. DEFENSE VERDICT
Bonneau v. Fowler, Orange County Supreme Court Index No. 3408/03; Hon. Lawrence Horowitz
Bilateral carpal tunnel with bilateral surgical releases, brachial plexopathy, cervical bulges at C4-5, C5-6 and C6-7 with radiculopathy, herniation at T8-9, medial neuropathy DEFENSE VERDICT 3/11/05 Report Pending
Velez v. Garson, Dutchess County Supreme Court Index No. 1598/01; Hon. Thomas J. Dolan
Herniatated lumbar discs with lumbar fusion. DEFENSE VERDICT
Bledsoe v. Hogan, Queens County Supreme Court Index No. 22408/97; Hon. Orin R. Kitzes
Herniated cervical discs with C4-6 fusion, lumbar discectomy L4-S1; knee meniscectomy with chondromalacia. DEFENSE VERDICT
Presser v. McKee, Rockland County Supreme Court Index No. 6426/98; Hon. William K. Nelson
Herniated disc L3-4 and bilateral rotator cuff tears: DEFENSE VERDICT
Bulson v. McHugh, Dutchess County Supreme Court Index No. 5422/96; Hon. Barbara Gunther Zambelli
Herniated lumbar disc at L5-S1 requiring a laminectomy. DEFENSE VERDICT
Moloney v. New England Motor Freight, Orange County Supreme Court Index No. 4011/97; Hon. Joseph G. Owen
Herniated cervical and lumbar discs: DEFENSE VERDICT
Janis v. Little, Westchester County Supreme Court Index No. 13370/96; Hon. Orazio B. Bellantoni
Herniated cervical disc: $ 15,000
Salewski v. Levine, Ulster County Supreme Court Index No. 3185/98; Hon. Joseph P. Torraca
Traumatic brain injury and herniated lumbar disc: DEFENSE VERDICT
Campbell v. Uzzle, Dutchess County Supreme Court Index No. 4472/96; Hon. Ralph A. Beisner
Displaced lumbar disc: $ 20,000 reduced to $ 13,000 for plaintiff's comparative negligence.
Bueti v. Krecic, Westchester County Supreme Court Index No. 12112/96; Hon. Kenneth W. Rudolph
Traumatic brain injury: DEFENSE VERDICT
Newcomb v. Soldat, Orange County Supreme Court Index No. 1114/95; Hon. Elaine Slobod
Ulnar nerve entrapment and scar neuroma: DEFENSE VERDICT
LeBlanc v. Collishaw, Rockland County Supreme Court Index No. 4901/97; Hon. Alfred J. Weiner
Knee surgery and multiple herniated/bulging discs: DEFENSE VERDICT
Mitchell v. Vierno, et al., Orange County Supreme Court Index No. 365/98; Hon. Elaine Slobod
Torn medial meniscus: DEFENSE VERDICT
Pola v. Nycz, Ulster County Supreme Court Index No. 96-2351; Hon. John Fromer
Knee derangement with multiple surgeries: DEFENSE VERDICT
DeMarchi v. Martinez, et al., Putnam County Supreme Court Index No. 1684/93; Hon. Harold L. Wood
Herniated cervical disc; surveillance film: DEFENSE VERDICT
PRODUCTS LIABILITY
Reyes v. Kimball, et al., Bronx County Supreme Court Index No. 24378/94; Hon. Bertram Katz
Office chair: DEFENSE VERDICT
Richardson v. Precision Works, et al., Bronx County Supreme Court Index No. 18876/96; Hon. Joseph N. Giamboi
John Deere lawn tractor with weather enclosure alleged to cause plaintiff to lose his eye: DEFENSE VERDICT
Pomrenze v. Waldbaums, et al., Bronx County Supreme Court Index No. 25643/93; Hon. Kenneth L. Thompson, Jr.,
Glass jar of Gold's Borscht: DEFENSE VERDICT
PREMISES LIABILITY
Hart v. A & P, Dutchess County Supreme Court Index No. 3885/01; Hon. James D. Pagones
Plaintiff slipped and fell on spilled laundry detergent inside and A&P. Plaintiff alleged that there were no employees or warnings in the area. The store's assistant manager conceded she heard a laundry detergent bottle fall off the shelf and had summoned an employee to clean the spill. She also contended that a cone had been placed in the area. DEFENSE VERDICT
Haggerty v. Georgakopoulos, Ulster County Supreme Court Index No. 2232/02; Hon. E. Michael Kavanagh
Plaintiff slipped and fell down icy stairs outside of Defendant's Diner. It was demonstrated that it had snowed the day before and that flurries were falling during Plaintiff's fall. Defendant contended it was the result of ongoing precipitation. DEFENSE VERDICT.
Arnold v. Anheuser Busch, Inc., United States District Court for the Northern District Index No. 97 CIV 838; Hon. Howard G. Munson
Loading dock accident; plaintiff falls between loading dock platform and truck; claim that defendant removed the platform plate: DEFENSE VERDICT
Tresca v. Shelter Enterprises, Inc. et al., Westchester County Supreme Court Index No. 18758/96; Hon. Matthew F. Coppola
Loading dock accident; plaintiff alleged defendant driver dropped stock board on his head; jury finds driver was not present when accident happened: DEFENSE VERDICT
Gordon-Monahan v. Mahoney, Rensselaer County Supreme Court Index No. 191251; Hon. George B. Ceresia, Jr.
Icy walkway in from of private home: DEFENSE VERDICT
Santoro v. Fairfield Group, Westchester County Supreme Court Index No. 8549/94; Hon. Matthew F. Coppola
Worksite accident with 4 inch height differential in pavement: DEFENSE VERDICT
Ruthosky v. Bruning, Washington County Supreme Court Index No. 6652D; Hon. G. Thomas Moynihan, Jr.,
Slip and fall on rotted, uneven porch: DEFENSE VERDICT
Castro v. Village of Dobbs Ferry, et al., Westchester County Supreme Court Index No. 1750/96; Hon. James R. Cowhey
Snow and ice in front of defendants' premises: DEFENSE VERDICT
Agugliaro v. All Right Inn, et al., Rockland County Supreme Court Index No. 1346/98; Hon. Alfred J. Weiner
Bar fight with claim for lack of security: DEFENSE VERDICT
DOG BITE
Foxvog v. Foxvog, Rensselaer County Supreme Court Index No. 193223; Hon. George B. Ceresia Jr.
Degloving injury to plaintiff's lip with permanent scarring. $ 1,195 reduced to $ 896 for plaintiff's comparative negligence. New trial ordered on issue of damages.
Foxvog v. Foxvog, Rensselaer County Supreme Court Index No. 193223; Hon George B. Ceresia, Jr.
Upon retrial, the jury awarded $ 3,000 reduced to $ 2,250 for plaintiff's comparative negligence.
Olander v. Casey, Rensselaer County Supreme Court Index No. 196220/99; Hon. James B. Canfield
Failure to observe leash law: DEFENSE VERDICT
DEFAMATION/VERBAL ASSAULT/false arrest
Haywood v. Waldbaums, Westchester County Supreme Court Index No. 11819/96; Hon. Joan B. Lefkowitz
Plaintiff alleged that store manager made disparaging remarks to her: DEFENSE VERDICT
Celefrance v. Waldbaums, Westchester County Supreme Court Index No. 10583/95; Hon. Aldo A. Nastasi
Plaintiff was arrested for attempted shoplifting despite not having any products hidden on his person: DEFENSE VERDICT
Dolne v. Ossining, Westchester County Supreme Court Index No. 16330/98; Hon. Louis A. Barone
Plaintiff was arrested for DWI by Ossining Police. While handcuffed behind her back, she fell and sustained multiple facial injuries: DEFENSE VERDICT