Page 12 - 2014_NY_Top_Settlements

2014
TOP SETTLEMENTS NY
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NUMBER FIVE
MOTOR VEHICLE
Bus — Transportation — Pedestrian — Government — Municipalities
Plaintiff claimed she was snared by bus’s door and dragged
AMOUNT $6,500,000
TYPE Settlement
CASE Leoncini v. New York City Transit Authority VENUE Queens Supreme
JUDGE N/A
DATE May 5, 2014
INJURY
TYPE(S) other - physical therapy
foot/heel - crush injury, foot
surgeries/treatment - debridement, open reduction, external fixation, internal fixation
PLAINTIFF(S) Berta Leoncini (Male, 80)
PLAINTIFF
ATTORNEY(S) Ben B. Rubinowitz; Gair, Gair, Conason, Steigman, Mackauf, Bloom
& Rubinowitz; New York, NY, for Berta Leoncini
Peter J. Saghir; Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz; New York, NY, for Berta Leoncini
PLAINTIFF
EXPERT(S) Jeffrey Kaplan M.D.; Orthopedic Surgery; New York, NY
FACTS & ALLEGATIONS On May 24, 2011, plaintiff Berta Leoncini, an 80 year old retiree, was on her way home from playing bingo at a local community center. She approached a New York City Transit Authority that was stopped on the Horace Harding Expressway, near its intersection with 188th Street, in the Fresh Meadows section of Queens. Leoncini claimed that the bus’s door closed on, and snared, a bag she was holding while she was attempting to enter the bus. She claimed that Ayaz was watching traffic to his left instead of the doorway when he closed the door. She further claimed that he pulled out of the bus stop and drove forward without noticing her bag struck in the door, causing her to be pulled to the ground and dragged. She claimed that her feet were crushed by the bus’s right rear tire. Leoncini sued the bus’s driver, Muhammad Ayaz, and the bus’s operator, the New York City Transit Authority. Leoncini alleged that Ayaz was negligent in his operation of the bus. She further alleged that the New York City Transit Authority was vicariously liable for Ayaz’s actions.
Ayaz claimed that Leoncini never came into contact with the bus. He suggested that Leoncini tripped and fell on the sidewalk while running toward the bus.
INJURIES/DAMAGES Leoncini was placed in an ambulance, and she was transported to Long Island Jewish Medical Center, in New Hyde Park. Doctors observed that she was suffering fractures of her feet. Leoncini claimed that her feet were crushed by the bus’s rear right tire. Her fractures were addressed via open reduction, internal fixation and the application of an external fixation device. She also underwent irrigation and debridement of wounds. She was transferred to a rehabilitation facility, where she underwent physical therapy.
Leoncini claimed that she suffers residual pain and limitations. She also claimed that she requires use of an assistive walking device. She undergoes physical therapy. She sought recovery of damages for past and future pain and suffering.
RESULT The parties negotiated a pretrial settlement. The New York City Transit Authority agreed to pay $6.5 million.
EDITOR’S COMMENT This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.
NUMBER SIX
CONSTRUCTION
Accidents — Labor Law — Scaffolds and Ladders — Slips, Trips & Falls — Fall from Height
Scaffold’s platform not stable, injured worker claimed
AMOUNT $6,300,000
TYPE Settlement
CASE Petrides v. School Construction Authority VENUE Kings Supreme
JUDGE Arthur M. Schack
DATE April 1, 2014
INJURY
TYPE(S) back - nerve impingement, herniated disc, lumbar, herniated disc at
L4-5
head - head, ear, headaches, concussion
neck - nerve impingement, herniated disc, cervical, herniated disc at C3-4 other - infection, physical therapy, hardware implanted
dental - fracture, tooth
shoulder - shoulder, glenoid labrum, tear, shoulder impingement foot/heel - foot drop (drop foot)
urological - incontinence
neurological - radiculopathy, nerve impingement
sensory/speech - vertigo, tinnitus
surgeries/treatment - discectomy, arthroscopy, laminectomy mental/psychological - insomnia, cognition, impairment, memory, impairment, post-concussion syndrome
PLAINTIFF
ATTORNEY(S) Edmond C. Chakmakian; Law Offices of Edmond C. Chakmakian,
PC; Hauppauge, NY, for Brian Petrides, Jacqueline Petrides
PLAINTIFF
EXPERT(S) Alan Leiken Ph.D.; Economics; Stony Brook, NY called by:
Brian Petrides, Jacqueline Petrides
Barry Katzman M.D.; Orthopedic Surgery; Astoria, NY called by: Brian Petrides, Jacqueline Petrides
Leslie Ramsammy M.D.; Family Medicine; Freeport, NY called by: Brian Petrides, Jacqueline Petrides
Victor Katz M.D.; Orthopedic Surgery; New Hyde Park, NY called by: Brian Petrides, Jacqueline Petrides
FACTS & ALLEGATIONS On April 19, 2010, plaintiff Brian Petrides, 38, a union-affiliated laborer, worked at a construction site that was located at 265 Warwick St., in the Cypress Hills section of Brooklyn. During the course of his work, Petrides fell off of a scaffold’s platform, plummeted 15 to 20 feet and landed on the ground. He claimed that he sustained injuries of his back, his head, his mouth, his neck and a shoulder.
Petrides sued the construction project’s manager, the New York City School Construction Authority; the premises’ owner, the city of New York; and the premises’ tenant, the Board of Education of the City of New York. Petrides alleged that the defendants violated the New York State Labor Law.
Petrides’ counsel ultimately discontinued the claims against the city of New York and the Board of Education of the City of New York. The matter proceeded against the New York City School Construction Authority.
Petrides claimed that the scaffold’s platform was composed of improperly secured wooden planks. He claimed that the platform collapsed beneath his feet. Petrides’ counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Petrides was not provided the proper, safe equipment that is a requirement of the statute.
Petrides’ counsel moved for summary judgment of liability, and the motion was granted. The matter proceeded to a trial that addressed damages.
INJURIES/DAMAGES Petrides completed his day of work. During the ensuing morning, he sought medical treatment.
Petrides ultimately claimed that he sustained herniations of his C3-4 and L4-5 intervertebral discs, a tear of his left, nondominant shoulder’s glenoid labrum, trauma
12 VerdictSearch’s Top New York Settlements of 2014
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