$4.63 Million Dollars Recovered for Psychiatric Injuries
Recovered for Home Health attendant who suffered psychiatric injuries.
Lorna Hanson v. Safeway Environmental Corp., Extell Development Corporation,
Supreme Court. Bronx County
Index No: 18120/05
SUMMARY:
RESULT: Settlement
Award Total: $4,630,000.00
ATTORNEYS:
Plaintiff: Pat James Crispi; Keogh Crispi, P.C.; New York, NY (Lorna Hanson)
Lorna Hanson was living independently and functioning as a home health aide prior to July 14, 2005. On July 14, 2005 shortly before 9:30 a.m. the wall of a two-story building collapsed into the intersection of Broadway and 99th Street, trapping Plaintiff, LORNA HANSON who was waiting at a bus stop on the corner, and leaving her buried under a pile of debris. Plaintiff, LORNA HANSON was rescued from underneath the rubble and removed to St. Luke's Roosevelt Hospital where she remained hospitalized for approximately two weeks. Plaintiff, LORNA HANSON was transferred to Mt. Sinai Medical Center, where she remained hospitalized for another 2 weeks.
At the time of the accident Lorna was employed as a full time live in home health aide employed through Concepts of Independence 120 Wall Street Suite 1010 New York, NY 10005. She had been employed in this capacity for over fifteen years.
As a result of the physical harm and the conditions she was subjected to prior to her being rescued by Emergency Personnel, Lorna Hanson developed two distinct and profoundly serious illnesses, which robbed her of her means of existence. Ms. Hanson was transformed into an individual who requires constant medical care and supervision. She was forced by her medical problems, to move into a restricted living facility. Ms. Hanson suffers from Post traumatic Stress Disorder and Dementia as a direct result of the traumatic episode of July 14, 2005. She has been treated with antipsychotic and antidepressant medication. Three years following her accident Lorna Hanson remains emotionally and cognitively impaired. She is dependent on others for her safety and well being.
BREAKDOWN
$4,500,000 Past & Future Pain & Suffering; Past & Future; Pecuniary Damages (Safeway Environmental Corp.
$130,000, Past & Future Pain & Suffering; Past & Future Pecuniary Damages (Extell Development Corporation
Jury Selection was scheduled for November 5, 2008
Settlement Date: October 29, 2008
$4.5 Million for Worker Who Suffered Crush Injury to Foot
CASE:
Frederick Migliaccio v. 808 Columbus LLC and Gotham Construction Co., LLC,
Supreme Court, New York County
Index #: 100526/08
January 4, 2010
PLAINTIFF ATTORNEY:
Pat James Crispi, Keogh Crispi P.C., New York, NY
FACTS:
On Sept. 4, 2007, plaintiff Frederick Migliaccio, 48, a carpenter/laborer, was working on the excavation phase of a construction project located at 808 Columbus Avenue in Manhattan. On this day, he was in the process of setting up the placement of concrete forms for what was to become the foundation of a new residential apartment complex. He worked in tandem with a co-worker who was drilling holes into the surface so that wooden posts could be placed in them. At the same time, an operator of heavy-duty excavation equipment was in the process of digging out the footing of the foundation, which was located at the point at which the vertical section meets the horizontal surface. While Migliaccio was working near the operator of the excavation equipment, a section of rock the size of a small car became dislodged from the vertical section of a rock foundation. He claimed that the force and vibrations of the heavy-duty excavating machinery caused the rock section approximately 15 to 20 feet above him to slide down and roll onto his right foot, crushing it.
INJURIES/DAMAGES:
Crush Injury, Foot; Necrosis
Senior Partner Obtains Jury Award $2.2 Million for Client
Jury Verdict June 13, 2008
SUPREME COURT, BRONX COUNTY
ALEXANDER BEAUCHAMP v. UNION SQUARE NEWS Inc.
INDEX NO: 17619/2005
Judge Nelson S. Roman
Attorney for Plaintiff
PAT JAMES CRISPI, KEOGH CRISPI, P.C.
FACTS:
Plaintiff ALEXANDER BEAUCHAMP; single male; age 35; not employed; no children
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:
Lateral proximal tibial fracture with a meniscus tear;
Left knee arthroscopic repair of lateral meniscus tear
Complete anterior cruciate ligament tear; left knee
Surgical anterior cruciate ligament reconstruction with bone-tendon-bone allograft, in order to stabilize Plaintiffs left knee and also protect the meniscus repair
OCD on the lateral talus, left lower extremity, left lower extremity;
Fractured talus
VERDICT BREAKDOWN:
$850,000 past pain & suffering;
$850,000 future pain & suffering;
$500,000 medical expenses
$2 Million for Mother and Son Injured as Pedestrians
Leg fractures
New York State Supreme Court Bronx County
Adrian Salva, and Lisa Betances against Mellon Construction & Roy Sylvain
Settled during trial
Adrian Salva age 12;
Lisa Betances age 32
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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.
INJURY DESCRIPTION:
Adrian Salva Fracture of the tibia and fibula with compartment syndrome ($1 million)
Lisa Betances Fracture of the femur (thigh) bones ($1 million)
$1.3 Million Dollars recovered for Carpenter who suffered a fractured
heel bone
Supreme Court, Queens County
Index #: 18265/07
Judge Hon. Frederick D. R. Sampson
Thomas Fallon & Patricia Fallon v. James V. Zizzi Contracting Corporation
ACCIDENT:
On June 15, 2007, the scaffold Thomas Fallon was standing on broke apart and collapsed, causing him to fall to the floor directly below him. The Plaintiff was employed in the capacity of a Carpenter. He was employed on the construction site for a single family home at 535 & 553 Flying Point Road, Water Mill, NY 11976-3416, in the course of his employment with American Interiors Inc. Defendant, JAMES V. ZIZZI CONTRACTING CORPORATION was the General Contractor on the job.
INJURY DESCRIPTION:
Comminuted posterior calcaneal fracture with loss of calcaneal height extending to the subtalar joint space, left lower extremity; Fracture of the cuboid bone, left lower extremity Open reduction internal fixation of left lower extremity, secondary to multiple fractures.
$1.137 Million Verdict for Negligent Security
Trevor Daly v. Gristedes Bros. Food
Supreme Court Bronx County
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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.
$1 Million Recovered for Inured Bricklayer Who Injured His Shoulder.
THOMAS BARBARINO; Brick Layer; married; two children; age 58
$1,000,000 with waiver of $275,433.60 Worker's Compensation Lien,
On February 5, 2005, Plaintiff, THOMAS BARBARINO was employed as a bricklayer by, at the Construction Project for the defendant, THE STOP & SHOP SUPERMARKET COMPANY located at 2754 Hylan Boulevard, Staten Island, NY 10314. At the time of the accident the Plaintiff was working on an erected scaffold at location that was below the level of the roof of the unfinished building at the Construction Project. Plaintiff, THOMAS BARBARINO was struck on the head and shoulder by a cement block that blew off of; and fell down from, the roof of the unfinished building that was under construction. The concrete block that fell down off of the roof was one of the blocks that had been delivered to the construction project and used by the bricklayers to construct the building. The cement block that fell down upon Plaintiff, THOMAS BARBARINO had been placed on a blue tarp that was on the roof of the unfinished building under construction At a approximately 2:30 pm, a gust of wind blew the blue tarp upwards off of the roof, sending the cement block into the air; off of the roof; and down onto the Plaintiff, THOMAS BARBARINO.
Plaintiff, Thomas Barbarino, claimed liability against the defendants pursuant to New York Labor Law §240(1); and New York Labor Law 200(1)
$750,000 Laborer Suffered Ankle Fracture From Platform Fall
CASE:
JOHN GREEN v. EAST COAST 7 LLC, et ano,
Supreme Court, New York County
Index No: 103453/07
June 25, 2009
ATTORNEY:
Pat James Crispi, Keogh Crispi, P.C., New York, NY
FACTS:
On February 1, 2007, plaintiff John Green, 49, a laborer, was working at a construction site for premises located at "EAST COAST LONG ISLAND CITY. He was caused to become injured, when he fell from an unguarded and unprotected elevation causing him to descend and fall a distance of approximately 20 feet below without adequate protection The Law Firm of Keogh Crispi, PC alleged the contractor violated the labor law.
The Law Firm of Keogh Crispi, PC claimed that Green was required to work in an area of an unfinished platform, which was unguarded. As a result, he fell off of the edge while operating a concrete chipping device. He alleged that the ninth (9th) floor platform was raised about twenty feet above the lower floor. The Law Firm of Keogh Crispi, PC contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the Plaintiff was not provided the proper, safe equipment that is a requirement of the statute.
INJURIES/DAMAGES:
Transverse fracture of the distal shaft of the right fibula
$500,000.00 Settlement for Construction Laborer
New York State Supreme Court Queens County
PADRAIG KEEGAN and KATE KEEGAN against COLUMBUS CENTRE, LLC. and BOVIS LEND LEASE, LMB, INC.,
Index No: 25562/02
Settlement $500,000.00
PADRAIG KEEGAN age 43; construction laborer; married one child
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
FACTS:
The incident occurred on March 14, 2002, at approximately 8:30 am at the Construction site of the premises known as 10 Columbus Circle, New York, New York. Defendant COLUMBUS CENTRE, LLC, owned the premises under construction. The construction manager for the project was defendant, BOVIS LEND LEASE, LMB, IN.. Plaintiff, PADRAIG KEEGAN was present on the construction site in the course of his employment with SORBARA CONSTRUCTION. His job title was “Laborer”. PADRAIG KEEGAN, lost his balance and fell down a series of steps on a temporary stairway. At the time of the incident plaintiff, PADRAIG KEEGAN, was in the process of transporting construction materials from one location within the construction site to another location. Mr. Keegan had been instructed to carry crates of steel “doughnuts” which weighed a minimum of 60 lbs., and was required to utilize the temporary stairs. The temporary stairway was exposed to the exterior elements and climate conditions. The plaintiff, PADRAIG KEEGAN was caused to fall as the result of a vertical passageway/stairway, which was in a cluttered and slippery condition due to the presence of excessive amounts of construction debris including grease and oil in direct violation of the industrial Code of the state of New York NYCRR § 23-1.7(d) (e)(1) (2). In addition the passageway/stairway which was not equipped with safety railings in direct violation of the industrial Code of the state of New York NYCRR § 23-2.7(e); and NYCRR § 23-1.15; Thereby constituting a cause of action pursuant to Labor Law § 241 (6).
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
Jocelyn Agramonte v. Donald Marvin and Humberto S. Espinal
Index #; 14818/02
Judge Norma Ruiz
VERDICT $395,000.00
Attorney for Plaintiff
Dorothy M. Keogh, Esq., KEOGH CRISPI, P.C.
FACTS:
Plaintiff, JOCELYN AGRAMONTE; Female; Receptionist; single; one child; age 31
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:
Right Humerus Fracture;
Treated with the application of two successive splints.
Physical therapy, for approximately five months.
VERDICT BREAKDOWN:
$75,000, Past Pain & Suffering;
$320,000 Future Pain & suffering
$300,000 for Construction Laborer
Micro Fracture right calcaneus (heel bone)
New York State Supreme Court Queens County
Boland v. MD. Carlisle Construction Corp.
Index No: 14104/03
Settlement $300,000.00
SEAN BOLAND age 38; construction laborer; married no children
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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.
INJURY DESCRIPTION:
Micro Fracture right calcaneus (heel bone)
$250,000 Ankle Fracture Fall on Curb
ANA SELENIA CUEVAS v. OLMSTEAD CONDOMINIUM
Supreme Court, New York County
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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 Stairway
RICHARDSON v. VILLACON REALTY CORP
Supreme Court, New York County
Index No: 105201/06
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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.
$225,000 Security Guard Suffers Wrist Fracture
MICHAEL AJARI v. KIEWIT/TULLY, JV
Supreme Court, Bronx County
Index No: 7797/07
June 29, 2009
Attorney:
Pat James Crispi, Keogh Crispi, P.C., New York, NY
November 24, 2006, plaintiff Michael Ajari, 64, a Security Guard was working at a construction site for premises 145th Street Bridge, which crosses the Harlem River connecting Bronx to Manhattan New York. The plaintiff was in the Course of his employment as a Security Guard guarding a passageway within the construction site when a broken, damaged and defective gatepost portion chain link fence collapsed and fell onto his body. He alleged the contractor violated the labor law §200.
Keogh Crispi, P.C., brought suit claiming that Ajari, was required attend to and guard an entrance to the construction site that was enclosed by a 20 ft, high chain link construction fence that was installed for such purpose. It was alleged that the fence post in the area of the entrance was subjected to repeated damage to the large trucks that passed through to deliver construction material and equipment. While standing in the vicinity of the fence it gave way due to a break in the post and toppled onto him. Keogh Crispi, P.C established that the incident stemmed from a codification of the common law duties of reasonable care as required by a general contractor that retains and exerts control overt the activity and related instrumentalities, as defined by Labor Law § 200, and that the defendant had constructive notice of the long standing condition of disrepair.
Injuries:
Fracture of the carpal Scaphoid, left wrist
$175,000 Wrist Fracture Fall On Dance Floor
Cucurullo v. Lincoln Center v. Stageright, et al
New York State Supreme Court New York County
Index No: 120115/03
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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 Pedestrian
OKPONOBI v. DYAM TRANSPORT INC.
Supreme Court, Bronx County
Index No: 17085/07
Plaintiff’s Attorney
Pat James Crispi, KEOGH CRISPI, P.C.
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.
