Page 16 - 2014_NY_Top_Settlements

2014
TOP SETTLEMENTS NY
-Continued from p15
FACTS & ALLEGATIONS On Dec. 6, 2011, plaintiff’s decedent Nilo A. Montilla, 57, taxi driver, was crossing the intersection of Broadway and Mosholu Avenue in the Bronx. at approximately 6:00 a.m. when he was struck by a school bus being operated by Eddie N. Noriega. The plaintiff’s decedent was crossing the intersection in a marked crosswalk, when Noriega turned. Noriega could not explain why he did not see the plaintiff, and admitted to striking him. Mr. Montilla suffered from fatal injuries and died in the hospital less than one hour after the accident.
Mairene Montilla, decedent’s wife, individually and as Administratrix of the Goods, Chattels, Credits, and Estate of Nilo A. Montilla sued Noriega, , and others for wrongful death, conscious pain and suffering arising from the negligent operation of the school bus.
Plaintiff argued that Noriega failed to yield to a pedestrian in a marked crosswalk, as both parties had a green light. Noriega claimed at the scene that he did not see decedent and attempted to claim that the accident did not happen in a marked cross out and therefore plaintiff was partially at fault. Plaintiff after depositions moved for partial summary judgment, and was granted summary judgment on liability.
INJURIES/DAMAGES Plaintiff’s decedent suffered from blunt trauma injuries, including post traumatic cardiac arrest which combined resulted in his death less than one hour after the accident.
Plaintiff sought non-economic wrongful death damages for loss of decedent. She further sought fair and just compensation for the pecuniary loss resulting from decedent’s death, for herself and decedent’s four children. Plaintiff further sought damages for loss of support, voluntary assistance and possible loss of inheritance, as well as medical and funeral expenses.
RESULT During the trial, the parties negotiated a settlement.
EDITOR’S COMMENT This report is based on information that was provided by
plaintiff’s counsel. Additional information was gleaned from court documents.
NUMBER TEN
PREMISES LIABILITY
Slips, Trips & Falls — Worker/Workplace Negligence — Fall from Height — Dangerous Condition — Negligent Repair and/or Maintenance
Work site’s owners, manager ignored hazard, plaintiff claimed
PLAINTIFF ATTORNEY(S)
Jordan D. Hecht; Hecht Kleeger & Damashek, PC; New York, NY,
for Raynold John Jonathan S. Damashek; Hecht Kleeger & Damashek, PC; New York, NY, for Raynold John
AMOUNT
TYPE CASE VENUE JUDGE
DATE
INJURY TYPE(S)
$4,500,000
Mediated Settlement
John v. Teachers Insurance and Annuity Association of America Kings County
Robert Adams
February 25, 2014
back - fusion, lumbar, herniated disc, lumbar, herniated disc at L5-S1 knee - lateral meniscus, tear
neck - fusion, cervical, herniated disc, cervical, herniated disc at C3-4 other - plate, physical therapy, pins/rods/screws, epidural injections, decreased range of motion
shoulder - glenoid labrum, tear
surgeries/treatment - arthroscopy, laminectomy, laminectomy, lumbar, decompression surgery
FACTS & ALLEGATIONS On July 13, 2010, plaintiff Raynold John, 40, an installer of telecommunications equipment, worked in a sub-basement of a building that was located at 780 Third Ave., in Manhattan. During the course of his work, he stepped on the cover of a large drain compartment that was set in the floor. The cover collapsed, and John fell into the compartment to the level of his hips. He claimed that he sustained injuries of his back, a knee, his neck and a shoulder.
John sued the premises’ managing agent, Cushman & Wakefield; a subcontractor that had worked in the sub-basement, JRT Realty Group Inc.; the premises’ owner, Teachers Insurance and Annuity Association of America - College Retirement Equities Fund; and two related entities, the TIAA Board of Overseers and TIAA Realty Inc. John alleged that a JRT Realty Group worker negligently created a dangerous condition that caused the accident. John further alleged that the defendants negligently failed to correct the hazard.
John claimed that a JRT Realty Group employee failed to properly replace the cover after having removed it to access the drain. His counsel contended that the premises’ owners and manager should have noticed the improperly seated cover.
Defense counsel contended that John should have noticed that the cover was not properly seated. They also claimed that John ignored instructions to have a building employee present while he worked in the sub-basement.
INJURIES/DAMAGES John presented to a doctor. He claimed that he was suffering pain that stemmed from his back, his neck, his right knee and his right, dominant arm’s shoulder. He was referred to an orthopedist.
John ultimately claimed that he sustained herniations of his C3-4 and L5-S1 intervertebral discs, a tear of his right knee’s lateral meniscus, and a tear of his right shoulder’s glenoid labrum.
In January 2011, John underwent arthroscopic surgery that addressed his right knee. In March 2011, he underwent arthroscopic surgery that addressed his right shoulder. John’s spinal injuries were initially addressed via the administration of eight epidural injections of steroid-based painkillers, but John claimed that the treatment did not resolve his pain. In October 2011, he underwent fusion of his spine’s C3-4 level. The procedure included the implantation of a plate and screws. In September 2012, John underwent decompressive surgery that included a laminectomy--which involved excision of a portion of a vertebra- -fusion of his spine’s L5-S1 level, and the implantation of a rod and screws. He has been undergoing physical therapy since 2011.
John claimed that he suffers residual pain, a residual diminution of his back’s range of motion, a residual diminution of his neck’s range of motion, a residual diminution of his right knee’s range of motion and a residual diminution of his right shoulder’s range of motion. He also claimed that he cannot lift heavy objects. He further claimed that his residual effects prevent his resumption of work, that they hinder his performance of many of his everyday activities and that additional treatment is necessary.
John sought recovery of past medical expenses, about $1 million for future medical expenses, an unspecified amount for past and future lost earnings, and unspecified damages for past and future pain and suffering.
Defense counsel contended that John’s injuries were degenerative conditions that were not related to the accident. They also contended that John can perform sedentary work.
RESULT The parties negotiated a pretrial settlement, which was finalized via the guid- ance of mediator Robert Adams, of National Arbitration and Mediation Inc. Cushman & Wakefield’s insurer agreed to pay $4.25 million, and Teachers Insurance and Annuity Association of America’s insurer agreed to pay $250,000. Thus, the settlement totaled $4.5 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.
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16 VerdictSearch’s Top New York Settlements of 2014