Recent Development:Senior Partner obtains Jury award 2.2 million for clientJury Verdict June 13, 2008 FACTS: The defendant operated and maintained a convenience store at 100 W. 14th Street, New York, NY. At the time of the incident the plaintiff, ALEXANDER BEAUCHAMP, a customer fell into an opening in the floor created by an open trap door. The opening, which led to a storage area in the basement, was normally covered by the trap door. The Plaintiff did not see the opening before the accident. An employee of defendant had previously opened the door in the normal course of his employment duties, in order to permit entry by a Con Ed utility person. The Con Ed utility person had exited the basement and the store before the plaintiff entered. However the store employee neglected to close the trap door thereby leaving the opening exposed to the general public. Plaintiff's cause of action for negligence against defendant alleged that: that the premises were not reasonably safe; that defendant was negligent in not keeping the premises in a reasonably safe condition; and that defendant's negligence in allowing the unsafe condition to exist was a substantial factor in causing plaintiff's injury. Defendant contended that the Plaintiff was negligent in failing to observe the opening in the floor and that his negligent constituted the sole cause of the accident INJURY DESCRIPTION: VERDICT BREAKDOWN: $2 million for Mother and Son injured as pedestriansLeg fractures New York State Supreme Court Bronx County Settled during trial Adrian Salva age 12; Plaintiff’s Attorney The accident in question occurred on Houston Street 100 New York, New York. Defendant Roy Sylvain while operating his vehicle struck both plaintiffs who were crossing the roadway. The settlement was achieved after seven days of trial. Injuries: Adrian Salva Fracture of the tibia and fibula with compartment syndrome ($1 million) $1.137 MILLION VERDICT FOR NEGLIGENT SECURITYTrevor Daly v. Gristedes Bros. Food Plaintiff’s Attorney Trevor Daly, who at the time was homeless, sustained a fractured arm and abdominal injuries due to the negligent use of excessive force by the Supermarket employed security guard. The jury awarded verdict of $1.137 million in the case tried by Pat James Crispi, $500,000.00 SETTLEMENT FOR CONSTRUCTION LABORERNew York State Supreme Court Queens County Settlement $500,000.00 PADRAIG KEEGAN age 43; construction laborer; married one child Plaintiff’s Attorney FACTS: INJURY_DESCRIPTION: The physical injuries sustained by PADRAIG KEEGAN, are as follows: Herniated nucleus pulposus, L4-L5 Herniated nucleus pulposus, L5-S1; Internal disc derangement with a structural diagnosis of herniated disc at L4-L5; Internal disc derangement, with a structural diagnosis of herniated disc at L5-S1; Left L5 nerve root impingement Left lumbar radiculopathy Dorothy M. Keogh, Esq., Senior Partner obtains $395,000.00 Jury award for client who injures her arm in a Motor Vehicle Tractor-trailer Highway collision. 100% liability against tractor trailer operator.Supreme Court Bronx County VERDICT $395,000.00 FACTS: On November 12, 2001 at approximately 8:25 pm on Southbound Interstate 87, at or near the Village of South Nyack, County of Rockland, State of New York Plaintiff JOCELYN AGRAMONTE, was a passenger in a vehicle owned and operated by Defendant HUMBERTO ESPINAL, when a collision occurred with a the tractor-trailer owned and operated by Defendant DONALD MARVIN. The accident, which occurred on the New York State Thruway, involved multiple collisions to the ESPINAL vehicle with the interior barrier/guardrail. Plaintiff JOCELYN AGRAMONTE and defendant HUMBERTO ESPINAL contended that the tractor-trailer struck the motor vehicle in the rear causing it to go out of control and collide with the interior guardrail and concrete barrier of the New York State thruway. Defendant DONALD MARVIN contended that the ESPINAL vehicle first collided an unidentified vehicle that fled the scene then collided with interior guardrail and concrete barrier and subsequently went out of control and into the path of the tractor-trailer resulting in contact. INJURY DESCRIPTION: VERDICT BREAKDOWN: $300,000.00 FOR CONSTRUCTION LABORERMicro Fracture right calcaneus (heel bone) New York State Supreme Court Queens County Settlement $300,000.00 SEAN BOLAND age 38; construction laborer; married no children Plaintiff’s Attorney The accident in question occurred at the Construction site of the premises known as Morton Square, located at 100 Morton Street, New York, New York. Defendant WASHINGTON STREET ASSOCIATES, LLC, owned the premises under construction. The construction manager for the project was defendant, M.D. CARLISLE CONSTRUCTION CORP. SEAN BOLAND was present on the construction site at in the course of his employment. His job title was “Laborer”. At approximately 10:00 plaintiff, SEAN BOLAND, was caused to fall due to the breaking and collapse of one of the 3 inch by 4 inch pieces of wood upon which Sean Boland was standing. The Plaintiff, SEAN BOLAND was awarded summary judgment on the issue of liability by order of the Honorable Duane A. Hart Supreme Court Queens County. Injuries: Micro Fracture right calcaneus (heel bone); $250,000 Ankle Fracture Fall on CurbANA SELENIA CUEVAS v. OLMSTEAD CONDOMINIUM Plaintiff’s Attorney The accident occurred on the exterior grounds of a multiple unit private condominium complex located at 382 Central Park West in the borough of Manhattan. Mrs. Cuevas was present at the premises in conjunction with her employment as a home health aide for NEW YORK FOUNDATION FOR SENIOR CITIZENS, INC. Her client was a resident of the condominium complex. As Ms. Cuevas attempted to step from the sidewalk, she lost her footing and fell to the ground due the presence of a defect in the curb of the sidewalk. The Plaintiff suffered a Left ankle fracture dislocation. ANA SELENIA CUEVAS was Fifty three (53) years old. The settlement was achieved after Jury selection. $250,000 Ankle Fracture Fall on StairwayRICHARDSON v. VILLACON REALTY CORP Plaintiff’s Attorney On November 29, 2005 at approximately 11:15AM for plaintiff, LOGAN RICHARDSON fell and fractured his ankle when he slipped and lost his while descending a stairway. The stairway in question led from the street level to the basement level at the building owned by the defendant, located at 163 West 48th Street, New York, NY 10036. The Plaintiff suffered a Left ankle fracture dislocation. LOGAN RICHARDSON was 26 years old The settlement was achieved after prior to Jury selection. $175,000 Wrist Fracture Fall On Dance FloorCucurullo v. Lincoln Center v. Stageright, et al Plaintiff’s Attorney The accident in question occurred at the “MIDSUMMER NIGHT SWING” event, Lincoln Center, 140 West 65th Street New York, New York 10023. Defendant, LINCOLN CENTER FOR THE PERFORMING ARTS, INC, owned the premises and operated event. The plaintiff, DONNA CUCURULLO was attending the event as an invited guest of a ticket holder. She fell and became injured, due to a defect on the exterior dance floor that was erected for the purposes of this event. The Plaintiff suffered a Fracture involving the Distal Radius and Ulnar Styloid Process of the left wrist. DONNA CUCURULLO was 50 years old The settlement was achieved after during a pre-trial meditation. $100,000 NON DISPLACED WRIST FRACTURE PEDESTRIANOKPONOBI v. DYAM TRANSPORT INC. Plaintiff’s Attorney The plaintiff IMANI OKPONOBI, an eleven-year-old girl, was as a pedestrian in a motor vehicle accident on March 21, 2007, at approximately 7:45am. The accident occurred at the intersection of Clinton Avenue and Willoughby Street, in Brooklyn, New York. She was diagnosed with having sustained a non-displaced fracture of the left radius. The plaintiff IMANI OKPONOBI was treated in the emergency room with the application of a fiber glass cast that remained for approximately five weeks. Following the emergency room a treating orthopedic surgeon provided follow-up care. The plaintiff IMANI OKPONOBI does not have any complaints, and has made full and complete recovery from the injury to her left wrist. The Plaintiff suffered a non-displaced fracture of the left radius (wrist). IMANI OKPONOBI, was 11 years old The settlement was achieved only nine months after the accident. |

