New York Injury Lawyers Blog

A Kings County (Brooklyn, NY) jury recently returned a $6.1 million verdict in favor of a bicycle deliveryman involved in a motor vehicle accident on June 4, 2005. Plaintiff, Jing Xue Jiang, a 26 year-old, was struck by a vehicle driven by Jamaal Freeman at the intersection of Halsey Street and Lewis Avenue.

Jiang sued Freeman and the owners of the vehicle driven by Freeman, Dollar Rent a Car and Rental Car Finance Corp. Jiang alleged that Freeman ran a red light and that the corporate owners were vicariously liable for the driver's actions. Plaintiff also claimed that Freeman was speeding.

Plaintiff sustained multiple injuries including a fracture of his C4 vertebra; fractures of the transverse processes of his T12, L1, L2 and L3 vertebrae; open fractures of his left leg's fibula and tibia; open fractures of his right forearm's radius and ulna bones; a concussion and a subarachnoid hemorrhage.

Jiang was placed in an ambulance, and transported to Kings County Hospital Center in Brooklyn where he remained for 14 days. He then underwent four weeks of physical therapy and in-home nursing care. He could not work during the six months following the accident. Plaintiff's expert neuropsychologist testified that plaintiff suffers residual impairment of his cognitive functions as a result of the subarachnoid hemorrhage.

Defendant Freeman did not appear during the trial. Defense counsel acknowledged Freeman's negligence, but contended that Jiang could have avoided the collision. The jury found the defendant's 100% responsible for the accident and returned a $6.1 million verdict in favor of plaintiff.

Website Resource:

VerdictSearch, Jiang v. Dollar Rent a Car, Inc., July 30, 2010.

A man from upstate New York recently suffered a serious leg injury when he was pinned between two vehicles after a motor vehicle accident on I-95 in New Rochelle. Three other men were also taken to Sound Shore Medical Center of Westchester in New Rochelle with a variety of injuries.

The multi-car accident began about 1:50 p.m. at Exit 16 when three vans from the same company were involved in a minor collision that blocked the left lane. The drivers reportedly stepped out of their vehicles and were standing in the road when a fourth vehicle, traveling at high speed, struck one of the vans.

A fifth vehicle drove up to the scene and became wedged between two of the original vehicles.

Joseph Russo, a 33 year-old Walden resident, who had been standing outside his vehicle, was severely injured when he was pinned between two of the vehicles. Angel Ortiz Rauda, a 31 year-old resident of New Rochelle, suffered a sprained wrist; Angelo Zaurdo, a 35 year-old Brooklyn resident, suffered minor injuries to his leg and arm; and Claude G. Vuley, a 35 year-old Washingtonville resident, suffered a broken pelvis.

I-95 was closed for approximately two hours while police completed an investigation.

Website Resource:

6-vehicle I-95 crash injures 4 in New Rochelle, Danielle De Souza, Journal News, June 29, 2010.

A Brooklyn (NYC) jury recently awarded nearly $41 million to a man who is paralyzed as a result of a hit-and-run car accident. Plaintiff, 49 year-old Matthew Falcone Jr., was injured while crossing a Brooklyn intersection in 2006 . Falcone claimed that he was struck by a pickup truck driven by Franklin Williams. Williams did not stop until another motorist blocked his path after the accident. Williams contended that Falcone merely brushed against one side of his truck. However, at trial plaintiff produced photographs showing significant damage of the truck's windshield and front end.

The jury found Williams liable, and awarded $40,876,000 to Falcone. Falcone sustained multiple facial fractures, as well as a traumatic brain injury that caused him to slip into a coma. The coma lasted several weeks, and he is permanently paralyzed of the left side of his body. His right side remains weak, and he is confined to a wheelchair. He also suffers residual impairment of his speech, diminishment of his cognitive abilities, and incontinence of his bladder and bowel. Falcone resides in a rehabilitative facility.

Defense counsel has moved to set aside the verdict.

In a New York Slip and Fall Accident case, Defendant Madison Square Garden's motion for summary judgment was denied. Plaintiff slipped and fell on liquid on the floor of Madison Square Garden while attending a Rolling Stones concert. Plaintiff testified that after she fell her pants were wet and smelled like beer. The Madison Square Garden maintenance records indicated that the area had been mopped twice. However, the timing of both documented incidents of maintenance were well after Plaintiff's accident.

As a result, the Second Department held that Defendant failed to make a prima facie showing that it neither created nor had actual or constructive notice of the spill as it failed to proffer any evidence as to when the area was last cleaned prior to the fall.

Website Resource:

Zambri v Madison Sq. Garden, L.P., 2010 NY Slip Op 04370 [73 AD3d 1035], May 18, 2010.

New York State Troopers made 25 arrests for Driving While Intoxicated (DWI) over the Fourth of July weekend in Westchester and Putnam counties. Some of those charged were arrested for DWI based on failing a chemical test often referred to as a breathalyzer. The legal threshold for misdemeanor DWI is .08 percent. However, a more serious charge of Aggravated DWI is asserted against drivers whose blood-alcohol level is higher than .18. Others were arrested and charged with DWI after refusing to submit to a chemical test.

Below please find a sampling of the circumstances under which drivers were charged with DWI:

- J Fernandez, 51, of Union, N.J., was charged with misdemeanor driving while intoxicated around 2:35 am after a trooper saw him cross a hazardous marking on Route 9 in Croton-on-Hudson. His blood-alcohol level was 0.13 percent.

- D Perez, 23, of Sleepy Hollow was charged with misdemeanor driving while intoxicated around 5:30 a.m. on Interstate 87 in Tarrytown.

- S Brown, 38, of New York City was charged with first-degree aggravated unlicensed operation and driving while intoxicated, felonies, around 4:45 a.m on Interstate 684 in Bedford.

- Carol L. Bower, 61, of Meriden, Conn., was charged with driving while intoxicated and aggravated driving while intoxicated, misdemeanors, around 8:30 p.m. Sunday on Interstate 287 in Harrison.

Website Resource:

21 DWI arrests by troopers in Westchester, Putnam counties, Journal News, Terence Corcoran, July 5, 2010.

Two people were seriously injured in a car accident on the Long Island Expressway in New York yesterday. Both are in critical condition.

Police reports indicate that one vehicle was going the wrong way on the eastbound side of the expressway before colliding with a shuttle van at approximately 6 a.m. The accident occurred near the Kissena Boulevard exit. The van was empty except for the driver.

Both drivers were brought to the New York Hospital Medical Center of Queens in critical condition. Police are investigating the crash.

Website Resources:

NYPD: Wrong-way car slams shuttle van; 2 critical, Albany Times Union, July 5, 2010.

The Appellate Division, First Department of New York State in Dicturel v. Dukureh held that when plaintiff's vehicle is struck in the rear by defendant's vehicle, the front vehicle is entitled to summary judgment on liability, unless the driver of the following vehicle can provide a non-negligent explanation for the collision. In this matter, defendant claimed that plaintiff stopped short. However, this did not explain defendant's failure to maintain a safe distance from plaintiff's vehicle, and therefore was not enough to rebut the presumption that no negligence on plaintiff's part contributed to the motor vehicle accident.

Dicturel v Dukureh, 71 AD3d 558 (1st Dept. 2010).

A New York County jury recently awarded $1.5 million to a woman who claimed that she suffers permanent dysfunction of her jaw as a result of an anesthesiologist's error during surgery. The matter stems from an April 2004 procedure in which plaintiff Caridad Cuevas underwent removal of a stone from a salivary gland.

Cuevas claimed that soon thereafter, she developed clicking and popping of her jaw. She contended that eating has become painful and that she must wear a jaw guard whenever she is not eating. Cuevas sued the hospital, St. Luke's Roosevelt Hospital Center, alleging that her injury was a result of an anesthesiologist who was overly forceful during the intubation process. The hospital blamed the surgeon, who was not a hospital employee, but the jury found the anesthesiologist responsible for the plaintiff's injuries.

A Bronx, NY jury recently awarded more than $4 million to a laborer who slipped and fell on ice on a construction site. Plaintiff Hassan Shabazz, a 37 year-old male at the time of the December 2002 incident, claimed that the site's tenant, the site's owner and the project's contractors failed to adequately clear a sidewalk.

He ultimately underwent a knee replacement surgery as a result of the fall, and an additional surgery may be necessary. Shabazz also contended that he cannot resume physical labor and that his sedentary work options are limited. The defendants argued that Shabazz's injuries were the result of degenerative conditions. The Bronx jury awarded damages in the amount of $4,175,341.28.

According to a June 11, 2010 Journal News Report by Terry Corcoran, a 21-year-old Yorktown, New York man was charged with misdemeanor driving while intoxicated (DWI) after crashing his car in the early morning hours of June 10, 2010 in the Westchester County Town.

The 21 year-old has been charged with driving while intoxicated, a misdemeanor, speeding, failure to maintain lane and improper turn, all traffic infractions.

DWI, speeding and other traffic violations are leading causes of motor vehicle accidents and personal injuries in New York.

In a recent New York Personal Injury case involving an party injured in a car accident, the Second Department of the New York State Appellate Division reversed a Nassau County Trial Court's determination that plaintiff had not raised a triable issue of fact with resepct to the serious injury threshold.

The Second Department found that the affidavit of plaintiff's treating chiropractor sufficiently raised a triable issue of fact as to whether she sustained a causally related serious injury to her cervical and lumbar spine. The treating chiropractor, Dr. Duk Soon Park, opined that based upon his contemporaneous and most recent examinations of the plaintiff, her cervical and lumbar injuries were permanent and causally related to the motor vehicle accident.

Website Resources:

Kwak v. Villamar, 71 AD3d 762 (2d Dept. 2010)

A Brooklyn (NYC) jury returned a $10 million verdict in favor of an 80 year-old female, Josephine Pantano, who sustained a fractured neck and a fractured leg in a motor vehicle accident in May 2007. Both plaintiff and defendant motorist contended that the other ran a red light causing the collision. The jury sided with the plaintiff.

The verdict included $5 million for future pain and suffering and $2 million for future medical expenses. The defense argued that not only did Pantano cause the accident, but that she is now completely healed.

Website Resource:

VerdictSearch.com, June 3, 2010.

A New York jury awarded $485,000 in a medical malpractice lawsuit to a 4-year-old child who suffers from a mild palsy as a result of an injury that occurred at birth. Jayden Bennet sustained an Erb's palsy of his right arm during the first two years of his life. The condition limited the arm's strength and mobility.

Jayden's mother, Lizzette Cain, asserted the claims on behalf of her son. She contended that the palsy was caused by traction applied to the boy's head during delivery. The traction was applied to relieve entrapment of his right shoulder. Ms. Cain further argued that a Caesarean delivery was the more prudent option given the child's size. The delivering obstetrician countered that due to the totality of the signs and symptoms present, a vaginal delivery was appropriate.

Website Resource:

VerdictSearch.com, June 3, 2010.

A 48 year-old male postal employee was recently awarded $224,000 by a Nassau County, NY jury for injuries sustained in a slip and fall accident. Plaintiff claimed he tripped over an open sidewalk cellar door as he was exiting the defendant's commercial premises.

He had just delivered mail to the property. The sidewalk cellar door was located approximately one foot from the store entrance. The plaintiff maintained that the cellar doors had been closed when he entered the store. The plaintiff suffered multiple injuries including a deep laceration that required surgical repair, multiple disc herniations, and a torn medial meniscus.

Website Resource:

New York Jury Verdict Review and Analysis (158631) Nassau County, NY

A New York jury recently awarded a female home-care nurse from Syracuse $1.7 million in a medical malpractice lawsuit against Community General Hospital. Plaintiff, Tina Holstein, claimed that she was improperly administered an injection after giving birth to her third child. Due to complications during the delivery, a nurse reportedly gave Holstein an injection "too low" in her back that resulted in damage to her sciatic nerve.

Plaintiff contended that as a result of the nerve damage, she suffers from back pain and limited range of motion. Plaintiff's experts testified that, in all likelihood, the condition will worsen over time. Attorneys for the hospital are contemplating an appeal.

Website Resource:

Syracuse jury awards nurse nearly $1.7 million for nerve damage after baby's birth, Syracuse Post-Standard, Jim O'Hara, June 1, 2010.