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WRONGFUL DEATH CASES
Client v. State of New York – October 2012
$2.5 Million Settlement during Trial
Our client was a 39 year old plumber who was involved in a car accident. While driving home, he encountered a large body of standing water in the roadway that was adjacent to the Hudson River. Unable to avoid the water, he hydroplaned, lost control of his car striking a pole. As a direct result of the car accident, he suffered extensive internal injuries resulting in his wrongful death. Investigation revealed that drainage system was designed in a way that the outlet pipe for the storm sewer would become submerged under the river’s water at high tide causing the River’s water to back up into the roadway It was further determined that employees of the State of New York were aware of this problem for at least 18 years before the client’s accident and that there had been several prior similar accidents in the same location.
TRAUMATIC BRAIN INJURY CASES
Client v. County of Cayuga – February 2020
$3.7 Million Settlement
Client , a 53-year-old male, was arrested for a DWI and, after being incarcerated, was denied his legitimately prescribed medication to address neurologically based tremors which, due to the medication, were successfully controlled. This resulted in his going through withdrawal, experiencing seizures and a recurrence of his tremors. Due to repetitive falls within the jail, he sustained severe traumatic brain injury resulting in him needing surgical intervention. There were also claims that doctors in the hospital misinterpreted his cat scans and MRIs .As a result of his injuries, the client was unable to care for his everyday needs and required 24/7 care. At a mediation, the matter settled with the doctors for $1.3 million. Afterwards, shortly before trial, the County of Cayuga settled for $2.4 million.
Client v. Marcellus Lanes Inc. – October 2018
$2.1 Million Settlement
Client, a 28-year-old male, was injured when, while removing ice from the roof of the building, was pulled out of the bucket of a backhoe and struck his head on the frozen ground. The client sustained a significant traumatic brain injury that necessitated surgical intervention. Afterwards, the client developed a seizure disorder. As a result of his injuries, the client was rendered disabled and necessitated long-term care. Shortly before trial, the matter settled after a mediation. The settlement included a waiver of a large workers compensation lien.
Client v. Lowes Home Center – May 2018
$3.1 Million Settlement
Client, a 41-year-old female, while in her basement, was sitting on a stool that had been purchased at Lowe’s when the legs of the stool broke apart causing the client to fall and hit her head on the concrete floor. The stool had been subject to a recall by the U.S. Products Safety Commission. The client was diagnosed with having sustained a traumatic brain injury. An advanced MRI with Diffusion Tensor Imaging identified structural injury to part of the clients brain that was consistent with the client’s every day difficulties. As a result of her injuries, the client was unable to return to work and qualified for disability benefits. The defendants disputed the severity of the clients injuries. Shortly before trial, the matter settled at a mediation.
Client v. Martello – March 2018
$2.8 Million Verdict
23 year- old student in a Master’s program was involved in a motor vehicle accident where her car was struck in the rear by the offending vehicle. At the scene, the client was noted to be dazed and disoriented. The client was diagnosed with having sustained a traumatic brain injury. Several years later, the client underwent an advanced MRI with Diffusion Tensor Imaging which identified structural injury to microscopic brain tissue and permitted us to argue that these findings were not only consistent with her difficulties she experienced on a daily basis but also that they were likely to be permanent. While the client finished her Master’s Degree, she was unable to attend law school. The defense argued that the client’s difficulties were not related to a brain injury but rather, due to depression and could be cured with a few months of therapy.
Client v. Feliciano – March 2016
$4 Million Settlement – Co-Counsel
Client, a 22-year old college student, was a pedestrian struck by a van while crossing the street. The client sustained a significant traumatic brain injury as well as injures to his spleen and colon that required surgery. The client was unable to return to school to complete his education and was only able to return to work in a limited capacity. Several years after his accident, MRI and Diffusion Tensor Imaging (DTI) demonstrated that the client had significant permanent structural brain damage. The defendant’s disputed the severity of the client’s injuries. The matter settled at mediation a few days before trial.
Client v. Preschern – November 2016
$2.5 Million Settlement
Client, a 47-year old male, was a pedestrian that was struck by a motor vehicle while riding his bicycle. At the scene, the client was noted to be confused and unable to recall the events of the accident. The client was diagnosed with having sustained a traumatic brain injury and later spent a year in a traumatic brain injury rehabilitation facility. He was also determined to be fully disabled from employment. The defendant denied responsibility for the accident claiming the client rode his bicycle into the side of the car. After contacting witnesses who confirmed our client was struck by the defendant’s car, our office was able to secure a favor judicial decision holding the defendant driver 100% at fault for accident. Defendant’s also disputed the severity of the client’s injuries claiming his disability was unrelated to the accident. Through the use of a sophisticated, advanced MRI imaging technique referred to as Diffusion Tensor Imaging (DTI), we were able to objectively demonstrate that the client had sustained structural brain damage. Shortly before trial, the matter settled at mediation for the full limits of the defendant’s insurance 2.5 million-dollar insurance policy.
Client v. Home Depot USA Inc. – May 2013
$1.4 Million Arbitration Award
The client was a 49 year old woman working making keys within a Home Depot store when a Home Depot employee, removing merchandise from an 18 foot high shelf, knocked a 6 pound box off the shelf which struck our client in the head. The client sustained a concussive brain injury which resulted in her experiencing permanent cognitive difficulties and being rendered permanently disabled. Her recovery was complicated due to the fact that she had suffered from depression earlier in her life. Despite its employee admission that he knocked the merchandise off the shelf and that our client bore no fault, Home Depot refused to accept responsibility for the accident. Additionally, despite acknowledging our client sustained a concussive brain injury, Home Depot claimed that our client’s continuing cognitive impairment was due to depression that client had experienced over 15 years earlier. By retaining highly credentialed expert witnesses and providing the judge extensive medical literature pertaining to how pre-existing depression can complicate recovery from a brain injury, the judge awarded our client the sum of $1.4 million.
Client v. BBL Construction – June 2007
$1.95 Million Settlement
Our client was a 54-year-old plumber working on a construction site. While on a scaffold, the scaffold tipped over causing our client to fall where he struck his head on a concrete floor. As a result of the construction accident, our client was unable to return to work. Through advanced MRI and Pet Scan imaging, we were able to successfully demonstrate that the client had sustained a traumatic brain injury. In mediation, we obtained a settlement in the amount of over 1.95 million dollars.
Client v. Enterprise Rental Car – December 2005
$1.25 Million Settlement
Our client was a 49-year-old pedestrian that was struck by a rental car while crossing the street. She sustained a broken leg and a significant traumatic brain injury. The driver of the vehicle claimed, and 2 independent eyewitnesses confirmed, that the client ran into the middle of the street and that the driver was unable to stop his car. Enterprise also disputed the extent of the traumatic brain injury/. Through detailed accident reconstruction, we were able to demonstrate that the driver was speeding and that this contributed to the car accident. The client also was sent for an MRI with a highly advanced MRI scanner as well as a Pet Scan that conclusively demonstrated the extent of her traumatic brain injury. In mediation, we were able to obtain a settlement in the amount of 1.25 million dollars
Client v. Federal Express – June 2001
$1 Million Verdict
Our client was a 43-year-old clinical psychologist with an extensive history of alcoholism and psychiatric problems. While crossing the street, the client was struck by a Federal Express Delivery truck that knocked her to the ground causing her to strike the left side of her head on the pavement. As a result, she suffered a traumatic brain injury to the right side of her brain. Federal Express claimed that the traumatic brain injury was not from being hit because it was not on the side of her head that struck the ground. They also blamed the client’s cognitive problems on her past history. During trial, through 3-D reconstruction (Biomechanical reconstruction) on the accident, we were able to successfully demonstrate how the client sustained a right-sided traumatic brain injury after striking the left side of her head. A jury awarded our client 1 million dollars.
Client v. United Parcel Service – March 2000
$1.4 Million Settlement
Our client was a 35 year old on roller blades who was struck by a UPS truck. As a result, the client was flipped in the air and struck the side of his head on the pavement. MRI and Cat Scans demonstrated that the client sustained a fractured skull and sustained a traumatic brain injury that required surgery to reduce the swelling in his brain. The client, a sound engineer in the music industry, required extensive cognitive rehabilitation and was limited in his ability to return to work. During the trial, by using 3-D Brain imaging, we were able to demonstrate the significance of his injury. We also got the vice president of Sony records and a recording artist to testify on behalf of the client’s engineering abilities. At the conclusion of trial, we were able to obtain a settlement in the amount of 1.4 million dollars.
Client v. Art In Motion Dance Academy- June 2014
$1 Million Settlement During Trial
Our client was a 16-year old high school high school student who was injured during a hip-hop dance class when while being flipped over backward by another student, she was dropped on to her head. The client sustained a traumatic concussive brain injury resulting in her inability to regularly attend school over the next few years. The dance academy attempted to have the matter dismissed on the grounds that the client assumed the risk of injury. Our office was able to prevent the matter form being dismissed on the grounds that the dance academy’s instructor’s failure to spot our client increased her risk of being injured. Before trial, the defense offered $100, 000 to settle the matter. After the third day of trial, the matter settled for 1 million-dollar limits of the defendant’s insurance policy.
Client v. GCA Services Corp. – December 2015
Client, a 48-year old sales representative for an orthopedic supply company was injured when a shelving unit within a closet collapsed onto him striking him in the head. The client was rendered unconscious and later diagnosed with having sustained a traumatic concussive brain injury. The client was unable to return to work and was determined to be fully disabled. The defense questioned the happening of the accident and attempted, unsuccessfully, to have the matter dismissed. The defense also questioned the severity of the client’s injuries claiming that he was exaggerating them. Through the use of a sophisticated, advanced MRI imaging technique referred to as Diffusion Tensor Imaging (DTI), we were able to objectively demonstrate that the client had sustained structural brain damage. The matter settled at mediation shortly before trial.
Client v U.S. Airways – October 2015
Client was a passenger on an airplane when, after opening an overhead compartment, an airline employee dropped a piece of luggage striking the client in the head. the client was diagnosed with a traumatic brain injury. The client was able to return to work after a short while despite and did not require further medical attention. During the litigation, after the deposition of our expert witness, the matter settled.
ORTHOPEDIC INJURY CASES
Client v. 38 Company, LLC – February 2020
$2.2 Million Settlement
Client, a 45-year-old male construction superintendent sustained injuries on a jobsite necessitating several surgeries that left him disabled and necessitating future care. The matter settled at a mediation. The settlement included the waiver of a large workers compensation lien.
Client v. Hu- December 2013
$1.35 Million Settlement
Client was 40-year old business woman who was involved in a car accident. Client sustained herniated disk in her cervical spine necessitating multiple surgeries resulting in the client being unable to return to her employment in the same capacity. The defense doctors claimed that the car accident was not the cause of client’s injuries. The matter settled before trial.
Client v. Kim Industries Inc. – July 2012
Client was a 38 year old male laborer that was involved in a car accident when, as a backseat passenger, the car he was travelling in was struck head on by another oncoming car that had crossed over the double yellow line separating the opposite lanes of travel. Investigation revealed that the driver of the other car had been using illegal drugs before the accident which resulted in his arrest and incarceration. As a result of the car accident, the client sustained extensive injuries to his shoulder and leg that required multiple surgeries and resulted in the client being out of work for almost 1 year. Just prior to trial, we were able to settle the case for $700,000.
Client v. City of New York – August 2010
$1.7 Million Settlement
Client was a 37 year old male construction worker injured due to a trip and fall over debris on a construction site. A Judge in New York agreed with our firm argued that the City of New York was liable for the accident pursuant to the New York State Labor Law. As a direct result of the construction accident, the client sustained a severe knee injury that required several surgeries. Our experts determined that the client would be unable to return to work as a construction worker and, as such, experience a decline in his ability to earn money. In mediation, we were able to settle the case for 1.7 million dollars.
Client v. Omni Sagamore Hotel – December 2004
$1.1 Million Settlement
Client was a guest at the Omni Hotel and slipped on a puddle on the tile floor. The client alleged that the hotel cleaning staff left cleaning materials on the floor. The hotel denied that the substance was cleaning materials. We hired an investigator to locate a former hotel employee who confirmed that the cleaning fluid was one used by the hotel. As s result of the fall, the client suffered an injury to her wrist that developed into Reflex Sympathetic Dystrophy (RSD), a painful and debilitating neurological condition. The client was unable to work and underwent many years of rehabilitation. We were able to obtain a settlement in the amount of 1.1 million dollars
Client v. City of New York – November 2002
$1.5 Million Verdict
The client was a 38-year-old male that worked on the film industry delivering and setting up equipment for movie sets. While exiting his truck, he stepped into a pothole surrounding a manhole cover. The City of New York had repaired the pothole 1 year before the accident. After the City of New York explained how the pothole was repaired, our expert engineer demonstrated that the repair was done improperly and was not in accordance with accepted engineering standards. As a result of the trip and fall accident, the client suffered an avulsion fracture to his ankle that required 3 surgeries as well as a shoulder injury that required surgery. He was unable to return to work in the film industry. At the conclusion of trial, the jury found The City of New York responsible for the trip and fall accident and awarded the client 1.5 million dollars which was the highest verdict against the City of New York for a trip and fall case in the year 2002.
Client v 1689 First Avenue, Inc. and Paradise Painting – 1998
$1.2 Million Verdict
Client was a female in her mid 30’s who was caused to trip and fall down the interior staircase inside her apartment building after she tripped over an extension pole that was on the staircase. The client claimed that painters who were in the building left the extension pole on the stairs. The painters denied that they left the pole on the stairs. As a result of the trip and fall , the client suffered a knee injury that required arthroscopic surgery. Due to an unrelated medical condition, the client was required to take medication that prevented her knee from fully heeling. The client was unable to return to work and at the conclusion of trial, a jury found the painters responsible for the accident and awarded 1.2 million dollars.
Client v. Millbrook Properties – 1994
$1.1 Million Verdict
Client was a 21-year-old female that was the victim of a robbery inside her apartment. The robbers were able to gain access to the building through the side door whose lock was broken. She fled the robbery down her fire escape. However, at this time, construction workers had removed the concrete landing underneath the fire escape. The client was forced to jump 20 feet landing in the exposed basement of the building and landed on the metal beams. The client suffered a significant leg injury that required surgery and left a significant scar. A jury found the building owners responsible for the accident and awarded 1.1 million dollars.
Client v Suzuki Motor Corp. – December 2003
Client was a 21-year-old woman who was driving a car manufactured by Suzuki. As she was backing down her driveway, the driver’s seat back broke causing her to lose control of the car and strike her house. The client was ejected through the back window and suffered extensive facial lacerations that required surgery and left her with scars. Suzuki denied that the car was defective and claimed that the seat back broke after the car hit the house. By hiring an automotive expert, we were able to reconstruct the accident and prove that the seat back broke before the car stuck the house. A jury found that the car was defectively manufactured and awarded $700,000.
Client v. Werner Ladder – June 2003
The client was a 53 year old man that was standing on a ladder trimming bushes when the ladder buckled throwing him to the ground. The client sustained an ankle injury that required 3 surgeries. The client claimed that the ladder was defectively manufactured because it was supposed to hold a man of his weight. The ladder company denied that the ladder was defective and blamed the client for misusing the ladder. We hired an engineer that was an expert in ladder design. By using a replica ladder, we were able to reconstruct the accident and demonstrate exactly why it buckled and was defective. In mediation, we were able to obtain a settlement in the amount of $500,000
*We make no guarantees to similar results in any future matter for which we are retained.”
Learn more about severe injury claims and your rights. Call or email the New York personal injury attorneys at Goldblatt & Associates, P.C. today for a free consultation. We serve accident victims in New York including New York City, Bronx, Brooklyn, Westchester and Putnam Counties, Albany, Syracuse, Rochester and Buffalo. We offer a free initial consultation, and receive no fee unless we are successful.