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TOP VERDICTS NY

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Andino’s knees’ injuries necessitated a total of two arthroscopic surgeries and one open
microfracture procedure, in which tiny bone perforations were made to stimulate the
growth of cartilage. Her bulging disc necessitated physical therapy, the administration POST TRIAL
Judge Lizbeth Gonzalez denied the liable defendants’ counsel’s motion

of epidural injections of steroid-based painkillers and the administration of painkilling to set aside the verdict..
trigger-point injections.
Andino’s treating orthopedist opined that Andino suffers residual degeneration of her INJURY
knees. He contended that her left knee must be replaced, and he claimed that her right TYPE(S)
brain damage, traumatic brain injury; concussion, headaches; meniscus,
knee requires additional arthroscopic surgery.
tear, knee derangement, medial meniscus, tear; nerve impingement,
Andino’s expert neurologist opined that Andino’s condition has deteriorated since the bulging cervical disc; neuropathy, physical therapy, epidural injections,
accident. He contended that the deterioration will continue, and he opined that Andino trigger point injection; shoulder & hand numbness; vertigo, vision,

bears an increased susceptibility to the development of Alzheimer’s disease, Parkinson’s impairment; arthroscopic surgery; anxiety, depression, cognitive &
disease and other degenerative conditions of the brain.
memory impairment, and gastrointestinal complications
Andino attempted to resume work, but she claimed that her residual effects prevented
her performance of many of her job’s tasks. In 2009, a physiatrist concluded that Andino’s PLAINTIFF
residual effects constitute a total disability. Andino retired in 2009.
ATTORNEY(S)
Jonathan D. Shramko; Law Offices of Jonathan D. Shramko; New York, NY
Andino sought recovery of a total of $38 million for past and future medical expenses, Paul D. Dansker; Dansker & Aspromonte Associates; New York, NY
past and future loss of earnings and benefits, and past and future pain and suffering.
The defense’s expert orthopedist opined that Andino did not sustain a concussion. She
PLAINTIFF
also opined that Andino’s bulging disc was a result of a progressive degenerative condition EXPERT(S)
Aric Hausknecht M.D.; Neurology; New York, NY
that predated the accident. She contended that Andino’s knees’ injuries were not disabling Andrew Brown M.D.; Physical Medicine; New York, NY
injuries, though she acknowledged that the addition of brain damage could create a disability.
Ronald Krinick M.D.; Orthopedic Surgery; New York, NY
The defense’s expert neurologist opined that Andino exaggerated the effect of her Kristin Kuscma M.A.; Economics; Livingston, NJ
neurological injuries.
Orsuville Cabatu M.D.; Physical Rehabilitation; Newburgh, NY
The defense’s vocational-rehabilitation expert opined that Andino can perform some
type of work.
DEFENDANT

EXPERT(S)
Sharon Levine Vocational Rehabilitation; Columbia,
RESULT The jury found that Mills and the New York City Transit Authority were entirely PA Transit Authority
liable for the accident. It determined that Villegas was responding to an emergency at the Steven Schwartz Neurology; Brooklyn, NY
time of the accident and that Villegas was not negligent or reckless in the operation of his Barbara Freeman Orthopedics; Long Beach, NY
vehicle. The jury found that Andino’s damages totaled $31 million.
FACTS & ALLEGATIONS On Aug. 18, 2004, plaintiff Niurka Andino, 35, a police
sergeant, was a passenger of a police vehicle that was being driven by Rafael Villegas, NIURKA

who was traveling on the northbound side of Boston Road, near its intersection at Pelham ANDINO
$2,100,000 Personal Injury: Future Medical Cost
Parkway, in the Bronxdale section of the Bronx. While Villegas was proceeding through $300,000 Personal Injury: Past Lost Earnings Capability
the intersection, his vehicle struck a sport utility vehicle that was being driven by Ronald $2,400,000 Personal Injury: FutureLostEarningsCapability
Mills, who was traveling on Pelham Parkway. Andino claimed that she sustained injuries $600,000 Personal Injury: Past Pain And Suffering
of her head, her knees, her neck and a shoulder.
$23,000,000 Personal Injury: Future Pain And Suffering
Andino sued Mills and his vehicle’s owner, the New York City Transit Authority. $2,600,000 Personal Injury: future loss of benefits
Andino alleged that Mills was negligent in the operation of his vehicle. She further alleged

that the New York City Transit Authority was vicariously liable for Mills’ actions.
EDITOR’S COMMENT This report is based on information that was provided by
The New York City Transit Authority impleaded Villegas’ employer, the city of New plaintiff’s and defense counsel.
York. The New York City Transit Authority alleged that Villegas was negligent and
reckless in the operation of his vehicle. The agency further alleged that the city was
vicariously liable for Villegas’ actions.
Andino’s counsel acknowledged that the intersection’s traffic signals favored Mills, but they
contended that Mills should have yielded to Villegas’ vehicle. Andino claimed that she and NUMBER SEVEN

Villegas were responding to an armed robbery, and she contended that Villegas had activated
his vehicle’s siren and emergency lights. Andino also claimed that Villegas was maintaining INTELLECTUAL PROPERTY
a reasonably safe speed. Andino’s counsel noted that New York State Vehicle and Traffic
Law specifies that a police officer may disregard red traffic signals while responding to an Patents — Infringement
emergency, provided that the officer does not recklessly disregard the safety of others.
Nintendo device copied 3D technology,
The New York City Transit Authority’s counsel contended that Andino could not prove
that she and Villegas were responding to an emergency. She claimed that Villegas’ logbook
did not include such a notation.
inventor claimed

Mills contended that he approached the intersection, observed a red traffic signal and stopped
behind a car. He claimed that, after Pelham Parkway’s signal had turned green, a police vehicle
proceeded through the intersection on the northbound side of Boston Road. Mills contended AMOUNT
$30,200,000
that, after a moment had passed, he followed the other car into the intersection. He claimed that
Villegas’ vehicle suddenly appeared and initiated the collision. Mills contended that Villegas ACTUAL
$15,100,000
had not activated his vehicle’s siren or emergency lights. However, a witness contradicted Mills’
testimony. The witness claimed that Mills was not following another vehicle and that Mills was TYPE Verdict-Plaintiff

the only motorist who entered the intersection via Pelham Parkway.
CASE Tomita Technologies USA, LLC v. Nintendo Co. Ltd.
VENUE U.S. District Court, SDNY
INJURIES/DAMAGES Andino was placed in an ambulance, and she was transported to JUDGE
Jed S. Rakoff
Jacobi Medical Center, in the Bronx. She underwent two days of observation and minor
treatment.
DATE
March 13, 2013
Andino ultimately claimed that she sustained a concussion, trauma that produced a
bulge of her C5-6 intervertebral disc, derangement of each knee, a tear of the posterior PLAINTIFF

horn of her left knee’s medial meniscus, a tear of her right knee’s meniscus and trauma that ATTORNEY(S)
Joseph Diamante, Kenneth L. Stein & Ian G. DiBernardo of
produced impingement of her left shoulder. She contended that her bulging disc caused Stroock & Stroock & Lavan LLP; New York, NY
impingement of a nerve. She claimed that the impingement’s residual effects included
neuropathy, radiating pain and numbness of her left hand. Andino is ambidextrous.
PLAINTIFF
Andino also claimed that her concussion caused damage of her brain, and she EXPERT(S)
John Merritt ; Technology; Williamsburg, MA
contended that the concussion’s residual effects included blurring of her vision, dizziness, Wayne Hoeberlein, Damages, Berkley Research Group; New York, NY
migraines, nausea, vertigo, impairment of her executive functions, and impairment of

her memory and other areas of her cognition. She further claimed that her injuries and DEFENDANT
residual effects caused anxiety and depression.
EXPERT(S)
Jan-Michael Frahm Technology; Chapel Hill, NC

16 VerdictSearch’s Top New York Verdicts of 2013