Page 14 - 2014_NY_Top_Settlements

2014
TOP SETTLEMENTS NY
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that produced impingement of the same shoulder, a concussion of his brain and his right inner ear, and a fracture of a tooth. He also claimed that he developed post-concussion syndrome, with manifestations that included dizziness, headaches, impairment of his memory, insomnia, tinnitus and vertigo. He further claimed that his C3-4 disc caused impingement of a spinal nerve and resultant radiculopathy.
In April 2011, Petrides underwent surgery that included a discectomy--which involved excision of the anterior portion of his C6-7 disc--and the insertion of stabilizing hardware. In June 2011, he underwent arthroscopic surgery that addressed his left shoulder. On July 17, 2013, he underwent surgery that included a laminectomy--which involved partial excision of his L5 and S1 vertebrae--and the insertion of stabilizing hardware. He developed postsurgical infections.
Petrides claimed that he suffers residual pain and that his right foot has developed foot drop: weakness or paralysis of the muscles that control the front part of a foot. He further claimed that his right foot’s condition causes a limp, that he requires the use of a cane, that he suffers residual incontinence of his bowel and bladder, that his concussion’s residual effects persist, and that his residual effects prevent his resumption of work. He undergoes biweekly physical therapy, and he claimed that he may require additional surgery, such as fusions of his spine and/or a foraminotomy, which would involve enlargement of a passage that houses a spinal nerve.
Petrides sought recovery of future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. His wife sought recovery of damages for loss of consortium.
RESULT During the jury’s deliberations, the parties negotiated a settlement. The New York City School Construction Authority’s primary insurer tendered its policy, which provided $4 million of coverage, and its excess insurer agreed to pay $2.3 million. Thus, the settlement totaled $6.3 million.
EDITOR’S COMMENT This report is based on information that was provided by plaintiffs’ counsel. The New York City School Construction Authority’s counsel did not respond to the reporter’s phone calls, and the remaining defendants’ counsel was not asked to contribute.
NUMBER SEVEN
MOTOR VEHICLE
Wrongful Death — Passenger — Single Vehicle — Alcohol Involvement — Negligent Entrustment
Intoxication to blame for car crash that killed two, suit alleged
AMOUNT $6,000,000
TYPE Settlement
CASE Campione v. Campione, Jr. VENUE Richmond Supreme JUDGE Judith N. McMahon
DATE July 3, 2014
PLAINTIFF
ATTORNEY(S) Gary A. Zucker; The Law Office of Zucker & Bennett, P.C.;
Brooklyn, NY, for Estate of Christopher R. Campione
PLAINTIFF
EXPERT(S) Alan Leiken Ph.D.; Economics; Stony Brook, NY called by: Estate of
Christopher R. Campione
FACTS & ALLEGATIONS During the evening of Jan. 6, 2011, plaintiff’s decedent Christopher Campione, 33, a plumber, was a front-seat passenger of a vehicle that was being driven by his brother, Paul Campione III, who was traveling on the southbound side of Bruce Porn Road, in Roxbury. Paul Campione III lost control of the vehicle while attempting to negotiate a curve of the road. The vehicle traveled off of the road and sank into an icy pond. Both occupants drowned.
Christopher Campione’s widow, Lizvette Campione, acting as the administrator of her husband’s estate, sued Paul Campione III’s estate and his vehicle’s owner, Paul Campione Jr. The estate alleged that Paul Campione III was negligent in the operation of his vehicle. The estate further alleged that Paul Campione Jr. was vicariously liable for the actions of Paul Campione III.
The estate’s counsel noted that a postmortem test revealed that Paul Campione III had
a blood-alcohol content of 0.229. The test also revealed traces of cocaine.
During a deposition, Paul Campione Jr., the decedents’ father, claimed that he met his sons at a restaurant about two hours before they began their fatal drive. He claimed that Paul Campione III did not exhibit any indication of being impaired or intoxicated. Defense counsel contended that, if impairment or intoxication were apparent, Christopher
Campione would have therefore assumed the risk of traveling with an impaired driver.
INJURIES/DAMAGES Christopher Campione drowned. Campione, 33, was survived by his wife. The estate’s counsel claimed that Campione’s most recent annual earnings approximated $90,000.
Campione’s estate sought recovery of wrongful-death damages that included about $7.5 million for economic losses, and unspecified damages for the estate’s loss of services. Defense also argued the present-day value of the estate’s economic losses approximated
$3.7 million.
RESULT The parties negotiated a pretrial settlement. The defendants’ primary insurer tendered its policy, which provided $1 million of coverage, and the defendants’ excess insurer tendered its policy, which provided $5 million of coverage. Thus, the settlement totaled $6 million.
EDITOR’S COMMENT This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from articles that were published by SILive.com and WBNG.com. Defense counsel did not respond to the reporter’s phone calls.
NUMBER EIGHT
LABOR LAW
Slips, Trips & Falls — Fall from Height — Worker/Workplace Negligence — Workplace - Workplace Safety
Fall from ladder ended career, steamfitter claimed
AMOUNT $5,300,000
TYPE Settlement
CASE Fanning v. Rockefeller University VENUE New York Supreme
JUDGE Cynthia S. Kern
DATE April 6, 2014
INJURY
TYPE(S) knee - meniscus, tear, anterior cruciate ligament, tear
other - physical therapy
surgeries/treatment - arthroscopy, knee surgery
PLAINTIFF
ATTORNEY(S) James J. McCrorie; Law Offices of James J. McCrorie, P.C.;
Jericho, NY, for Daniel Fanning
PLAINTIFF
EXPERT(S) Alan Leiken Ph.D.; Economics; Stony Brook, NY called by:
Daniel Fanning
Scott Gray M.D.; Orthopedic Surgery; Astoria, NY called by: Daniel Fanning
FACTS & ALLEGATIONS On March 12, 2009, plaintiff Daniel Fanning, 42, a union- affiliated steamfitter, worked at a renovation site that was located at 1230 York Ave., in Manhattan. Fanning fell off of a ladder while he was measuring a work space. He landed on a concrete floor, and he sustained injuries of a knee.
Fanning sued the premises’ owner, Rockefeller University, and the renovation project’s general contractor, Turner Construction Co. Fanning alleged that the defendants violated the New York State Labor Law.
Fanning claimed that he fell while he was ascending a 10-foot-tall aluminum A-frame ladder. He claimed that the ladder twisted beneath him. Fanning’s claims were corroborated by one of his co-workers.
Fanning further claimed that he had been using a different ladder earlier in the day, but that the original ladder was removed while he was away from the work site. He claimed that the subject ladder was borrowed from another contractor.
14 VerdictSearch’s Top New York Settlements of 2014
Fanning’s counsel contended that the incident stemmed from an elevation-related