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TOP VERDICTS NY

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Plaintiffs’ counsel also contended that Salas’ actions were necessitated by the absence of
a working elevator. The building’s elevator was disabled, and several months had passed
since its last period of functionality.

EDITOR’S COMMENT This report is based on information that was provided by plain- Defense counsel contended that the Children’s Rescue Fund and its related entities
tiff’s counsel. Additional information was gleaned from court documents. Defense coun- were not liable for Salas’ actions. He claimed that the accident occurred while Salas was
sel did not contribute to this report.
performing an act that was not within the scope of his employment.

INJURIES/DAMAGES Imani fell out of her stroller, and her head struck a concrete surface.
NUMBER TEN
She was placed in an ambulance, and she was transported to Jacobi Medical Center, in the
Bronx. A CT scan suggested that her brain’s left temporal lobe was bleeding. A neurologist

PREMISES LIABILITY
opined that bleeding may have occurred in the brain’s subarachnoid region.
Imani’s hospitalization lasted two days. Doctors advised that a follow-up examination
Slips, Trips & Falls — Worker/Workplace Negligence — Dangerous Condition — Negligent Repair was necessary, but years passed before Imani’s mother pursued such an examination.
and/or Maintenance
Imani’s education was immediately marred by struggles, and her speech did not
properly develop. She was quickly placed in specialized classes, and she undergoes therapy
that is intended to improve her speech. However, Imani, 10, remains challenged. Her
Tot’s fall caused damage of brain, mother claimed
academic skills have not progressed beyond those of a typical 6-year-old child. Imani’s
teachers reported that the child’s effort is good, but that she does not understand her

classes’ subject matter.
Plaintiffs’ counsel contended that Imani’s struggles are a result of damage of her brain, AMOUNT
$20,000,000
and they claimed that the damage was a residual product of the accident. The plaintiffs’
expert neurologist and expert neuropsychologist agreed that Imani’s struggles are a result ACTUAL
$6,000,000
of bleeding that occurred during the immediate aftermath of the accident. The experts
contended that her compromised functions are controlled by the areas that were affected TYPE Verdict-Plaintiff
by the bleeding.
CASE Reyes v. Children’s Rescue Fund

Plaintiffs’ counsel also contended that Imani’s struggles will limit her professional VENUE Bronx County Supreme Court
opportunities, and they claimed that the child’s condition will necessitate extensive JUDGE
Mary Ann Brigantti-Hughes
medical treatment.
Imani’s mother sought recovery of a total of $26 million for Imani’s future medical DATE
July 18, 2013
expenses, the cost of other future services, Imani’s future lost earnings, and Imani’s past
and future pain and suffering. She also presented a derivative claim, but that claim was TRIAL
ultimately withdrawn.
LENGTH
1 month

Defense counsel contended that the accident did not cause damage of Imani’s brain. He
noted that the child’s mother did not pursue prompt follow-up treatment, that the child has TRIAL
not undergone a follow-up CT scan and that the child has not undergone an MRI scan. He DELIBERATION
32 minutes
claimed that the only CT scan did not reveal the mass effect that is a definitive indicator
of damage of the brain. A Jacobi Medical Center radiologist opined that the scan did not JURY
conclusively establish that Imani’s brain had bled. Defense counsel also noted that Jacobi COMPOSITION
3 Male / 3 Female
Medical Center’s records did not indicate that Imani’s injury caused unconsciousness,

which is another indicator of damage of the brain.
INJURY
Defense counsel presented other possible causes of Imani’s academic failures. The TYPE(S)
brain damage, traumatic brain injury, internal bleeding, speech/
defense’s expert neuropsychologist noted that Imani suffers a genetic condition, dyslexia, language impairment, developmental delay, cognitive impairment
and he contended that genetic factors could be the cause of Imani’s struggles. Defense
counsel suggested that the child’s difficulties could be a result of a premature birth. PLAINTIFF
The defense’s expert neurologist agreed that the child’s struggles could date to its birth, ATTORNEY(S)
Thomas P. Giuffra & Jeremy A. Hellman; Rheingold, Valet, Rheingold,
though he cited insufficient weight. He contended that insufficient weight can impair the McCartney & Giuffra LLP; New York, NY

development of an infant’s cognition, but he acknowledged that Imani’s weight exceeded
the level that recent studies have linked to impaired cognition.
PLAINTIFF
During the jury’s deliberations, the parties negotiated a high/low stipulation: Damages EXPERT(S)
Irving Friedman M.D.; Neurology; Brooklyn, NY
could not exceed $6 million, but they had to equal or exceed $1 million.
Thomas Cullinan Ph.D.; Neuropsychology; Williamsport, PA
Kenneth Reagles Ph.D.; Vocational Rehabilitation/Counseling;
RESULT The jury found that Salas’ employers were vicariously liable for Salas’ actions. Syracuse
The jury determined that Imani’s damages totaled $20 million, but Imani’s recovery was
reduced to the stipulated limit: $6 million.
DEFENDANT
EXPERT(S)
Allan Rubenstein Neurology; New York, NY
David Erlanger Neuropsychology; New York, NY IMANI
Robert Sacchi Neuroradiology; Bronx, NY SANTIAGO
$5,000,000 Personal Injury: Future Medical Cost
Charles Kincaid Vocational Rehabilitation; Hackensack, NJ
$5,000,000 Personal Injury: FutureLostEarningsCapability
$5,000,000 Personal Injury: Future Pain And Suffering
FACTS & ALLEGATIONS On June 26, 2003, plaintiff Imani Santiago, a 4-day-old girl, $5,000,000 Personal Injury: future cost of services
fell out of a stroller that was being carried on a stairway of her residence, a shelter that

was located at 1520 Brook Ave., in the Morrisania section of the Bronx. The stroller was EDITOR’S COMMENT This report is based on an article that was published by the
being carried by one of the facility’s guards, Christopher Salas. Imani sustained an injury New York Post, information that was provided by plaintiffs’ counsel and information
of her head.
that was provided by defense counsel.
Imani’s mother, Jeninlee Reyes, acting individually and as Imani’s parent and natural
guardian, sued Salas; the shelter, Icahn House West LLC; the shelter’s operator, the
Children’s Rescue Fund; and that agency’s parent, the Carl C. Icahn Foundation. The WANTED: Verdicts
plaintiffs alleged that Salas was negligent in his handling of Imani’s stroller, that the

remaining defendants were vicariously liable for Salas’ actions, that those defendants were
negligent in their maintenance of the premises and that their negligence created a dangerous We want to hear about your cases! Log on to
condition that was a contributing cause of the accident.
Reyes claimed that the accident was a result of Salas having jerked and tilted Imani’s VerdictSearch and fill out a Case Report Form.
stroller. Salas’ liability was decided via summary judgment: Judge Mary Ann Brigantti-
Hughes found that Salas was negligent in his handling of Imani’s stroller.
Plaintiffs’ counsel contended that Salas’ employers were vicariously liable for Salas’ www.verdictsearch.com

actions. They claimed that Salas’ supervisor had approved Salas’ assistance of Reyes.

20 VerdictSearch’s Top New York Verdicts of 2013