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2015
AMOUNT
TYPE CASE VENUE JUDGE
DATE
INJURY TYPE(S)
PLAINTIFF(S)
PLAINTIFF ATTORNEY(S)
PLAINTIFF EXPERT(S)
DEFENDANT(S)
TRIAL LENGTH
TRIAL DELIBERATIONS
$25,200,000
Verdict-Plaintiff Sims v. City of NY Kings County Sylvia G. Ash
March 13, 2015
hip - hip
other - gunshot wound, severed spine, physical therapy shoulder - shoulder
paralysis/quadriplegia - paraplegia
Eugene Sims (Male, 34 Years)
David M. Godosky; Godosky & Gentile, P.C.; New York, NY, for Eugene Sims
Jerry Lubliner M.D.; Orthopedic Surgery; New York, NY called by: for David M. Godosky
Sanders Davis M.D.; Life Care Planning; Morristown, NJ called by: for David M. Godosky
Sean O’Brien, City of New York
3 weeks
4 hours
EUGENE SIMS
DEMAND OFFER
$8,000,000 Personal Injury: Future Medical Cost $1,500,000 Personal Injury: Past Pain And Suffering $15,000,000 Personal Injury: Future Pain And Suffering $200,000 Personal Injury: imprisonment
$500,000 Personal Injury: unlawful arrest $15,000,000
None
EDITOR’S COMMENT This report is based on information that was provided by plain- tiff’s counsel. Defense counsel declined to contribute.
NUMBER NINE
TOXIC TORTS
Asbestos — Products Liability — Failure to Warn
Mechanic’s cancer stems from grinding of brakes, suit alleged
TOP VERDICTS OF NEW YORK
NUMBER EIGHT
GOVERNMENT
Police — Municipalities — Excessive Force — Intentional Torts — False Arrest
Plaintiff claimed he was needlessly shot and arrested
recovery of damages for past and future pain and suffering.
Sims was arrested, and he endured 10 days of imprisonment. He was acquitted in July
2011.
Sims’ expert orthopedist opined that Sims’ paralysis has caused degeneration of the
joints of Sims’ hips and shoulders. Sims undergoes physical therapy, and the expert opined that Sims will require replacement of the hips and shoulders. The expert also opined that Sims will require pain-relieving treatment.
Sims sought recovery of $10 million for future medical expenses, $4 million for unlawful arrest, and a total of $30 million for past and future pain and suffering.
RESULT The jury found that Sims was subjected to excessive force. It also found that Sims was falsely arrested. It determined that Sims’ damages totaled $25.2 million.
FACTS & ALLEGATIONS On April 6, 2009, plaintiff Eugene Sims, 34, was shot while he was being arrested. The incident occurred in the Bushwick section of Brooklyn. The arresting policeman suspected that Sims had been engaged in the sale of an illegal substance. The shooting occurred after Sims had fled and been apprehended. Sims sustained a paralyzing injury of his spine.
Sims was arrested, and he received four charges: assault, menacing, obstruction of governmental administration and possession of a weapon. He was ultimately acquitted.
Sims sued the arresting policeman, Sean O’Brien, and O’Brien’s employer, the city of New York. Sims alleged that he was falsely arrested, that the shooting constituted an excessive use of force, and that the city was vicariously liable for O’Brien’s actions.
Sims claimed that his arrest was not supported by probable cause. He claimed that he was not engaged in illegal activity.
Sims also claimed that he was shot while he was lying on his chest, that O’Brien was standing behind him, and that O’Brien was not endangered. O’Brien claimed that Sims had produced a gun, but Sims claimed that he was not carrying the gun that was said to be his. Sims’ DNA was detected on the gun, but Sims’ counsel contended that the DNA could have been transmitted during casual contact. A witness agreed that Sims was not holding a gun.
O’Brien claimed that Sims’ arrest was supported by probable cause. He claimed that he observed activity that suggested that Sims was selling an illegal substance.
O’Brien also claimed that Sims’ shooting was justified. He claimed that he reasonably feared that his life was endangered. He acknowledged that Sims was lying on his chest, but he claimed that Sims was reaching backward, holding a gun and aiming at him. Sims’ counsel contended that Sims could not have maintained such a posture.
INJURIES/DAMAGES Sims sustained a gunshot that severed his spine’s T12 level. He suffers resultant paraplegia.
Hackshaw’s estate sought recovery of damages for Hackshaw’s pain and suffering.
In mid-2012, Sweberg learned that he was suffering mesothelioma. Sweberg sought
AMOUNT
TYPE CASE VENUE JUDGE
DATE
INJURY TYPE(S)
PLAINTIFF(S)
PLAINTIFF ATTORNEY(S)
PLAINTIFF EXPERT(S)
DEFENDANT(S)
$25,000,000
Verdict-Plaintiff
Miller v. BMW of North America, LLC New York County
Cynthia S. Kern
September 25, 2015
other - radiation therapy
cancer - chemotherapy, mesothelioma
Walter Miller (Male, 62 Years)
Douglas D. von Oiste; Karst & von Oiste, LLP; New York, NY, for Walter Miller
David A. Chandler; Karst & von Oiste, LLP; New York, NY, for Walter Miller
Barry Castleman Ph.D.; Asbestos; Garrett Park, MD called by: for Douglas D. von Oiste David A. Chandler
Kenneth Garza CIH; Asbestos; San Antonio, TX called by: for Douglas D. von Oiste David A. Chandler
William Rom M.D.; Pulmonology; New York, NY called by: for Douglas D. von Oiste David A. Chandler
Jacqueline Moline M.D.; Occupational Medicine; New Hyde Park, NY called by: for Douglas D. von Oiste David A. Chandler
Hennessy Industries Inc., BMW of North America, LLC
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