This case involved an 11 year-old autistic child, who was physically and sexually assaulted on a school bus by an emotionally disturbed student on multiple occasions, en route between school and home. There were two adults on the bus, a driver and an aide, neither of whom intervened. Our client’s status as an autistic child created special difficulties in proving liability and damages. He had a limited ability to describe the incidents although he recalled dates perfectly. Because of his limited baseline understanding of sexual activity, he did not, thankfully, sustain the types of emotional trauma typically associated with this type of trauma. Nevertheless, our young client possessed an engaging manner and was able to participate in a deposition, which convinced the defendants to offer a settlement in a sum that is confidential.
Blog: Thoughts on Law and Life
Jury Verdict 100% Liability Motor Vehicle Right of Way
Written by admin on September 19, 2013
The plaintiff was driving her car on an entrance ramp attempting to enter traffic on the Long Island Expressway. Her car was struck on its right side by a tractor-trailer that was driving in the right lane of the highway. Our client suffered serious lower back injuries requiring extensive surgery and eventually a surgery to fuse several vertebra in her lower back. Even though the truck claimed to have had the right of way, at trial in Supreme Court, Queens County, we were able to bring into court the driver of the car that was directly behind our client’s car on the entrance ramp. That witness confirmed our client’s testimony to the effect that no portion of her car had left the entrance ramp at the time it was hit by the truck. As a result, the jury found the truck 100% liable for causing the accident. Following the 100% liability verdict, the case was easily settled for a confidential amount.
Diabetic Wound Care (Confidential Sum)
Written by admin on September 19, 2013
This case was tried before a jury in Supreme Court, Queens County, on behalf of a 62 year-old Type I diabetic man who had been confined to a wheelchair since age 57 due to a spinal infection. Our case involved poor care of his diabetic wounds in his leg by a wound care specialist, including the use of compression dressings and the failure to consult with a vascular specialist. According to our vascular expert, this caused the compromise of the bypass that had been put into the plaintiff’s leg about 10 years earlier in order to restore his circulation, this bypass became infected, ultimately requiring amputation of the leg. The defense argued that the loss of plaintiff’s leg was the result of the natural progression of his diabetic condition, but we showed that the plaintiff’s wound did not spiral out of control until he came under the care of the defendant. By bringing in records from our client’s rehabilitation from when he first went into a wheelchair following the spinal infection five years earlier, we proved that he had a chance to walk again and now was forever deprived of that. After the jury returned a verdict in the plaintiff’s favor, the action was then settled for a confidential sum.
$100,000 Fall On Icy Sidewalk
Written by admin on September 19, 2013
A 49 year-old man employed by the NYC Housing Authority and earning $46,000 per annum, slipped on ice while stepping from a curb. This occurred two days after a 26 inch blizzard. Our client fractured both bones in his lower leg. After surgery to repair the fractures with a plate and screws two screws were eventually removed and after three and a half months, our client returned to work on a full-time basis. Suit was brought against the City of New York for failure to maintain the crosswalk and curb in a reasonably safe condition and the case was settled for $100,000.
$150,000 Trip On Protruding Nail
Written by admin on September 19, 2013
The plaintiff, a 76 year-old retired attorney was walking beneath a sidewalk bridge on East 81st Street where he turned to cross the street. As he stepped towards the curb, his foot caught on a nail that slightly protruded from the side of the wooden block, (known as mudsill), that formed the footing to the upright post of the sidewalk bridge. As a result, he tripped, fell and fractured his patella (kneecap). Surgery was performed to remove the bottom piece of the patella and to align the rest of it; then, he underwent physical therapy for about three months. Although the condition which plaintiff complained about was admittedly small, we argued that its location, lined up with a pedestrian crosswalk, made it particularly dangerous. Suit was brought against the building owner, its general contractor, and its sub-contractor for the sidewalk bridge, and it eventually proceeded to mediation. Documents and witnesses proved that this condition had existed for a long period of time but had gone unrepaired. Also, an inspection report from the general contractor’s foreman showed that the bridge had been inspected that day but that the condition was not noted on the inspection sheet. At the mediation the case settled for $150,000.