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of 2010 - New York Law Journal

VIEWS: 225 PAGES: 54

  • pg 1
									top NY
Verdict Search’S




 VerdictS
       of 2010
               Attorneys At Law

      Friedman, Levy, Goldfarb
            & Green, P.C.
250 West 57th Street n Suite 1619, New York, NY 10107 n tel. 212-307-5800 / fax 212-262-6128 info@friedmanlevy.com




              90 Years of Service to Our Clients
                     Congratulations to Sam Rosmarin, Of Counsel to Friedman, Levy, Goldfarb
                     & Green, P.C., Trial Attorney on Our Medical Malpractice Cases, For One of
                     the Top 10 Verdicts of 2010.
                     $20,000,000 Verdict: Colon Damage During Colonoscopy Goes Undetected
                     Perforated colon, colectomy, ileostomy, peritonitis, incisional hernia and disfigurement.

   A Proven Record of Achievement for Our Clients:
   $6,000,000 Medical Malpractice Settlement: Failure to      $2,700,000 Settlement: Medical Malpractice
   Diagnose Endocarditis - Wrongful Death
                                                              $2,100,000 Jury Verdict: Trip and Fall Accident on City
   $1,400,000: Roofer Falls from State Facility -             Sidewalk
   Laminectomy
                                                              $1,500,000 Settlement: Negligent Supervision of
   $3,167,000: Bridge Painter Falls from Scaffold - Total     Special Needs Child
   Disability
                                                              $3,100,000 Settlement: Leg Amputation
   $3,515,000 Verdict: Dental Malpractice, Trigeminal
                                                              $1,000,000 Jury Verdict: Motor Vehicle Accident
   Neuralgia
                                                              $2,800,000 Jury Verdict: Police Brutality
   $2,650,000 Verdict: Failure of Material Hoist - Orbital
   Fracture                                                   $1,000,000 Settlement: Motor Vehicle Accident
   $1,057,000 Verdict: Flying Debris, Parking Lot of Home     $2,750,000 Settlement: Landlord’s Negligence
   Depot - Laminectomy




Reputation. Service. Results.
www.friedmanlevy.com
Farrell McManus
Associate Publisher
fmcmanus@alm.com
                                                                                        TOP 10 CASE SUMMARIES
                                                                                                            #1                              Salame, Jennifer Waxman-Recht,



                                          top NY
Advertising Sales                                                                                                                           Cathy White, Amy Zschiesche, Kelly
Indera Singh                              Verdict Search’S
                                                                                          Drugmaker’s female workers claimed                Corbett, Kelli Shannon, Holly Waters
isingh@alm.com
                                                                                        disparate treatment
Roseann Agostino                                                                                                                       Expert:
ragostino@alm.com

Peter Hano
                                           VerdictS
                                                 of 2010
                                                                                        Verdict: (P) $253,367,250.00
                                                                                        Case Type: Gender Discrimination,
                                                                                                                                       •	 Louis Lanier; Labor Economics called
                                                                                                                                           by: Katherine Kimple, David Sanford,
phano@alm.com                                                                           Employment - Pregnancy, Discrimination             Sharon Eubanks, Katherine Leong,
                                                                                        - Title VII, Civil Rights - Civil Rights Act       Felicia Medina, Steven Wittels
Patty Martin                                                                            of 1964, Civil Practice - Class Action
pmartin@alm.com
                                                                                        Case: Amy Velez, Sonia Klinger, Penni          •	   James Outtz; Psychology/Counseling
Carl Pflanz                                                                             Zelinkoff, Minel Hider Tobertga, and                called by: Katherine Kimple, David
cpflanz@alm.com                                                                         Michelle Williams, Individually and on              Sanford, Sharon Eubanks, Katherine
                                                                                        Behalf of Others Similarly Situated v.              Leong, Felicia Medina, Steven Wittels
For advertising information please call                                                 Novartis Corporation and Novartis
212.457.9465
                                                                                        Pharmaceutical Corporation, No. 04-            Facts:
Verdict Search’s Top Verdicts of 2010                                                   Civ.-09194 (GEL)                                  During a period that spanned 2002 and
is published by ALM,                                                                    Venue: U.S. District Court, Southern           2007, plaintiffs Sonia Klinger, Minel Hider
120 Broadway, New York, NY 10271                                                        District, NY                                   Tobertga, Amy Velez, Michelle Williams and
                                                                                        Judge: Colleen McMahon                         Penni Zelinkoff were employees of various
                                                                                        Date: 05-19-2010                               offices of East Hanover, N.J.-based Novartis
TOP 10 CASE SUMMARIES                                                        3                                                         Pharmaceutical Corp. The plaintiffs claimed
                                                                                        PLAINTIFF(S)Attorney:                          that they were subjected to gender-based
                                                                                        •	 Sharon Eubanks, Katherine M. Kimpel,        discrimination that resulted in disparate pay,
TOP 30 NEW YORK VERDICTS IN 2010                                             4             Katherine Leong, Felicia M. Medina,
                                                                                           David W. Sanford and Steven L.
                                                                                                                                       the denial of promotions and other adverse
                                                                                                                                       treatment.
                                                                                           Wittels; Sanford Wittels & Heisler, LLP;       Klinger, Tobertga, Velez, Williams and
                                                                                           New York, NY, for Tara Blum, Jessica        Zelinkoff, acting individually and on behalf
TOP 2010 VERDICTS BY CATEGORY                                                9             Borsa, Bernice Dezelan, Christine
                                                                                                                                                                       -Continued on p6
                                                                                           Macarelli, Raelene Ryan, Marjorie




   Alan Ripka, Esq.
   Honored Trial Attorney
   The Largest Automobile
   Verdict in 2010
   $7,300,000
                                                                           accidents
                                                                             injuries
                                                                medical malpractice
                                                                          mass torts
                                                             environmental disasters
                                                                     wrongful death
                                                              construction accidents




     350 Fifth Avenue                                                (212) 557-4777
     New York, NY 10019                                       aripka@nbrlawfirm.com



                                                                                                                                                     Verdicts Search’s Top NY Verdicts of 2010 3
                                                                              TOP 30 NEW YORK VERDICTS IN 2010
         CASE                                 DATE    COURT                  TYPE OF ACTION                                         PLAINTIFF'S COUNSEL                                                       AMOUNT


 1       Velez v. Novartis Corp.              5/19    U.S. District Court,   Employment: Gender Discrimination - Drugmaker's        Sharon Eubanks, Katherine M. Kimpel, Katherine Leong, Felicia M. Medina   $253,367,250
                                                      Southern District      female workers claimed disparate treatment             and David W. Sanford, Washington, DC office and Steven L. Wittels,
                                                                                                                                    NYC office of Sanford Wittels & Heisler, LLP

 2       Barnhard v. Cybex                    12/7    Erie Supreme           Products Liability: Design Defect - Physical           Kevin J. English, Buffalo, NY office and Michael R. Law, Rochester, NY    $65,994,304
         International Inc.                                                  therapist's neck crushed by exercise machine           offfice of Phillips Lytle LLP

 3       Savillo v. Greenpoint                12/21   New York Supreme       Construction: Labor Law - Worker's 12-foot fall        Roy R. Jaghab, Mineola, NY of Jaghab, Jaghab & Jaghab, P.C.& David B.     $50,591,036
         Landing Associates LLC.                                             caused paralyzing injury                               Golomb, New York, NY of Law Offices of David B. Golomb

 4       Falcone v. Verizon New               5/25    Kings Supreme          Motor Vehicle: Pedestrian - Man struck by car          Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore       $40,876,000
         York Inc                                                            suffers paralysis, brain damage

 5       Saladino v. Stewart &                7/26    U.S. District Court,   Negligence: Failure to Warn - Worker claimed trac-     Jonathan I. Edelstein, New York, NY of Law Office of Jonathan I. Edelstein, $40,190,417
         Stevenson Services Inc.                      Eastern District       tor's dangers weren't disclosed                        New York, NY & Nadia M. Chionchio, Kevin B. McAndrew, and William J.
                                                                                                                                    Poisson, Woodbury, NY of McAndrew Conboy & Prisco
 6       Stand-Up MRI of the                  11/30   U.S. District Court,   Antitrust - Radiology practices accused benefits       Axel Bernabe, Axel A. Bernabe, Matthew L. Cantor, and Gary J. Malone,     $35,101,797
         Bronx P.C. v. Carecore                       Eastern District       managers of antitrust                                  New York, NY of Constantine Cannon LLP
         National LLC
 7       Gonzalez v. Guillaume                7/23    Bronx Supreme          Medical Malpractice: Surgical Error - Surgeon over-    Sam Rosmarin, White Plains, NY of counsel to Friedman, Levy, Goldfarb     $20,000,000
                                                                             looked damaged colon, patient alleged                  & Green, P.C., New York, NY

 8       Hartman v. County of                 2/22    U.S. District Court,   Government: Excessive Force - Policeman drove          Daniel J. Hansen, New York, NY; Harvey Weitz, New York, NY of Weitz       $19,604,000
         Nassau                                       Eastern District       over fleeing suspect, suit alleged                     & Associates, P.C., New York, NY, trial counsel, Daniel J. Hansen

 9       Newton v. City of New                10/19   U.S. District Court,   Civil Rights - Loss of evidence led to 12-year         John F. Schutty III, New York, NY                                         $18,592,000
         York                                         Southern District      imprisonment, suit alleged

 10      Barros v. New Roc Parcel             1/26    Bronx Supreme          Construction: Labor Law - Carpenter alleged spine,     Howard R. Borowick, Bronx, NY of counsel to Law Offices of Jacob          $18,334,226
         1A, LLC                                                             ankle injuries from 15-foot fall                       Oresky

 11      Vargas v. City of New York           10/19   Kings Supreme          Civil Rights: Prisoners' Rights - Diabetic prisoner    Seth A. Harris, New York, NY of Burns & Harris                            $17,500,000
                                                                             didn't receive insulin, suffered brain damage

 12      Brower v. Schneider                  1/22    Queens Supreme         Medical Malpractice: Failure to Consult - Untreated    Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore       $13,300,000
                                                                             infection damaged boy's brain, parents alleged
 13      Mastando v. One Bryant               7/15    New York Supreme       Construction: Labor Law - Makeshift scaffold's         Gregory S. Gennarelli, Robert Sack, Marvin Salenger, Woodbury, NY of      $13,000,000
         Park, LLC                                                           failure had paralyzing result                          Salenger, Sack, Kimmel & Bavaro, LLP

 14      Griffin v. Clinton Green             4/24    Bronx Supreme          Construction: Labor Law - Laborer hit by falling       Seth A. Harris and Alison R. Keenan, New York, NY of Burns & Harris       $12,561,772
         South, LLC                                                          piece of scaffold, alleged disabling injury

 15      Doe v. Krimsky                       7/16    U.S. District Court,   Products Liability: Manufacturing Defect - Infant's    John L. Juliano, East Northport, NY of John L. Juliano P.C.; David J.     $10,777,071
                                                      Eastern District       penis partially severed by circumcision clamp          Llewellyn, Atlanta, GA of Johnson & Ward

 16      Casa de Meadows Inc. v.              12/15   New York Supreme       Torts: Breach of Fiduciary Duty - Prince claimed his   Linda C. Goldstein and Philip A. Irwin, New York, NY of Covington &       $10,125,000
         Zaman                                                               attorneys breached fiduciary duty                      Burling LLP & Jonathan Berman, Washington, DC of Jones & Adams &
                                                                                                                                    Geoffrey S. Stewart, Washington, DC of Jones Day

 17      Plato General Construc-              5/20    Kings Supreme          Contracts: Breach of Contract - Contractor claimed Chris Georgoulis, New York, NY of Georgoulis & Associates PLLC                $10,106,698
         tion Corp. / EMCO Tech                                              construction job wasn't properly overseen
         Construction Corp. JV, LLC
         v. Dormitory Authority of
         the State of New York
 18      Pantano v. NYCTA                     5/19    Kings Supreme          Motor Vehicle: Question of Lights - Car crash's par-   William Schwitzer, New York, NY of Dinkes & Schwitzer                     $10,000,000
                                                                             ties disputed status of lights

 19      Gibbs v. The City of New             8/4     Eastern District       Civil Rights - City of New York awards record          Nick J. Brustin, New York, NY of Neufeld, Scheck & Brustin, LLP           $9,900,000
         York                                                                settlement to man wrongly imprisoned for murder

 20      Montero v. Sentinel Diver-           3/15    Queens Supreme         Construction: Labor Law - Worker claimed 25-foot       William Schwitzer, New York, NY of Dinkes & Schwitzer                     $8,900,000
         sified Industries Inc.                                              fall led to fusion of spine

 21      Ortiz v. AWL Industries Inc. 10/27           New York Supreme       Workplace: Labor Law - Shaky ladder blamed for         Howard S. Hershenhorn, New York, NY of Gair, Gair, Conason, Steigman      $8,625,000
                                                                             worker's fatal fall                                    & Mackauf

 22      Feinberg v. Boros                    10/29   New York Supreme       Legal Profession: Malpractice - Dispute over sale of   Richard Derzaw, New York, NY; Steven G. Storch, New York, NY of           $8,588,680
                                                                             business led to legal malpractice claim                Storch Amini & Munves
 23      Bush v. Merola                       5/14    Queens Supreme         Products Liability: Design Defect - Surgery's fatal    Gary J. Douglas and Nicholas E. Warywoda, New York, NY of Douglas &       $8,500,000
                                                                             outcome blamed on defective instrument                 London, P.C.

 24      Meade v. OTA Hotel                   11/5    New York Supreme       Worker/Workplace Negligence - Hotel's guest fell       Nicolas Bagley and Jeff S. Korek, New York, NY of Gersowitz, Libo &       $8,500,000
         Owner, LP                                                           down shaft trying to exit disabled elevator            Korek, P.C.
 25      Rivera v. CSPN Paliuras              4/23    Queens Supreme         Construction: Accidents - Undocumented immi-           Kenneth J. Halperin and Philip A. Russotti, New York, NY of Wingate,      $8,200,000
         Contracting                                                         grant roofer paralyzed in fall                         Russotti & Shapiro


4 Verdicts Search’s Top NY Verdicts of 2010
                                                   Law Office of

                                                   JOHN F. SCHUTTY, P.C.
                                                   LATEST VICTORY - NEWTON VS. CITY OF NY - $18,592,000
                                                   9th largest general verdict and largest civil rights verdict in New York State in 2010.

                                                   Alan Newton was released from prison on July 6, 2006, after more
                                                         NON 55 DEL incarceration for a rape and assault that
                                                   than twenty-two years of 55
                                                   DNA testing proved he did not commit. For twelve of those years,
                                                   Newton repeatedly requested access to a rape kit that contained
                                                   the ultimately exonerating DNA to no avail - not because Newton
                                                   was not entitled to the rape kit, but because the New York City
John F. Schutty has handled a wide variety of      Police Department could not nd it.
complex civil litigation during his career. A
graduate of Columbia College and Fordham           The jury, after a 3 and ½ week trial, awarded Mr. Newton a total of
University School of Law, he has spent the         $18 million in damages against the City of New York for 12 years of
largest part of his career as an advocate in       wrongful incarceration; the jury also awarded Mr. Newton $500,000
high pro le commercial, personal injury, civil     and $92,000 against two senior police o cers for separately
rights and wrongful death litigation. Mr.          “intentionally in icting emotional distress” upon Mr. Newton.
Schutty previously served as a defense
                                                   THE TERRORIST EVENTS OF SEPTEMBER 11, 2001
attorney, representing major airlines and
product manufacturers.                             Mr. Schutty represented over 40 families a ected by the terrorist
                                                   events of September 11, 2001. He represented two of the most
Since 2002, Mr. Schutty has achieved extraor-      severely burned victims and recovered in excess of $5 million on
dinary results for clients who have been           behalf of 15 of his clients.
seriously injured or who have lost loved ones
as a result of negligence, medical malpractice,    COMPLEX LITIGATION & EXTRAORDINARY RESULTS
product failure, and/or civil rights violations.
                                                   Mr. Schutty has been the lead trial attorney in numerous commercial,
                                                         Null Doro
                                                   negligence and product liability cases involving steel mills, nightclubs,
Mr. Schutty accepts only a small number of         restaurants, construction sites, motor vehicles, and one unusual case
cases so that he can devote substantial            that arose out of an alleged parental kidnapping. In the last six years,
personal attention to each client.                 Mr. Schutty has personally collected well over $130 million dollars in
                                                   money damages for his clients.
In 2007, 2009 and 2010, Mr. Schutty was
named one of the top attorneys in the New
                                                    An established trial record, professionalism and a passionate
York Metropolitan area by Super Lawyers             devotion to his clients has earned John Schutty a well-deserved
Magazine.                                           reputation in the legal industry. Mr. Schutty accepts referrals
                                                    and co-counsel arrangements.

                 445 PARK AVENUE   NINTH FLOOR   NEW YORK NEW YORK 10022
               P: 212 836 4796   F: 917 591 5980  E: JOHN JOHNSCHUTTY.COM
-Continued from p3                                        loss of enjoyment of life, and $190 million                     cal; Annapolis, MD called by: Kevin               elicited testimony from Cybex officials
                                                          to $285 million for punitive damages. The                       English, Michael Law                              suggesting that Cybex had never sent let-
of a class that comprises about 5,600 simi-               requested punitive damages represented 2                  •	    Susan Leger P.T.; Physical Rehabilita-            ters warning of a tipping hazard and that
larly situated people, sued Novartis Pharma-              to 3 percent of the company’s annual sales.                     tion; Atlanta, GA called by: Kevin                Cybex’s engineering staff had been advised
ceutical and its parent, Novartis Corp. The                                                                               English, Michael Law                              of only a fraction of the tipping incidents
plaintiffs alleged that they were subjected               Verdict Information: The jury found that                  •	    Ronald Reiber Ph.D.; Economics;                   of which the company’s legal department
to discrimination that violated Title VII                 the plaintiffs were subjected to discrimina-                    Buffalo, NY called by: Kevin English,             had knowledge. Cybex turned over user-
of the Civil Rights Act of 1964. Novartis                 tory practices. It determined that 12 tes-                      Michael Law                                       injury reports indicating that in the 11
Corp. was dismissed via summary judgment,                 tifying witnesses were entitled to damages                                                                        years preceding Barnhard’s accident, at least
and the matter proceeded against Novartis                 that totaled $3,367,250, which included                   •	    Valerie Vullo M.D.; Physical Rehabili-            seven tip-over accidents had occurred in
Pharmaceutical.                                           individual awards of $80,000 to $598,500.                       tation; Buffalo, NY called by: Kevin              the United States involving Cybex exercise
   Plaintiffs’ counsel claimed that Novartis              The jury also awarded classwide punitive                        English, Michael Law                              machines. Plaintiff’s counsel contended that
Pharmaceutical did not fairly promote and                 damages of $250 million.                                  •	    Kelly Lance RN, BSN, CNLCP; Life                  the machines in question were substan-
pay its female employees. They noted that                                                                                 Care Planning; Draper, UT called by:              tially similar in design to the one involved
women held about half of the company’s                    Post-Trial: The parties negotiated a settle-                    Kevin English, Michael Law                        in Barnhard’s accident. However, Cybex’s
sales-representative positions but less than 24           ment. Novartis Pharmaceutical agreed to pay                                                                       counsel contended that only one of the
percent of the management positions. The                  a total of $175 million. The settlement also              Insurer:                                                machines involved in the injury reports was
plaintiffs’ expert labor economist evaluated              included nonmonetary affirmative relief.                  •	 New York State Insurance Fund for                    a leg-extension machine.
fiscal data that the company had provided,                                                                              Amherst Orthopedic Physical Therapy                    Cybex’s counsel further contended that
and he opined that female employees were                  Editor’s Comments - This report is based                  •	 Medmarc Insurance Group for Cybex                    the machine could not have tipped absent
underpaid relative to their male colleagues.              on information that was provided by                           International                                       an extreme, unsafe action by Barnhard.
   Plaintiffs’ counsel also claimed that male             plaintiffs’ and defense counsel.                                                                                  They noted that the machine’s instructions
supervisors concocted reasons for firing or                                                                         Facts:                                                  recommended that the machine be bolted
constructively firing female sales representa-                                                                         On Oct. 22, 2004, plaintiff Natalie                  down for maximum safety--something
tives who took maternity leave. They further                                      #2                                Barnhard, 24, a physical therapy assistant,             Amherst Orthopedic had not done.
claimed that some management-track fe-                                                                              was supervising a client’s exercises at a facil-           Cybex’s expert mechanical engineer
males were written up and/or removed from                 Physical therapist’s neck crushed by                      ity in Kenmore. During that task, Barnhard              opined that the machine was not unrea-
the management track after taking maternity               exercise machine                                          placed her right hand on a 60-inch-tall leg-            sonably safe. Cybex’s expert in product
leave.                                                                                                              extension machine’s weight stack frame and              warnings opined that the warnings that ac-
   Defense counsel contended that the                     Verdict: (P) $65,994,304.44                               began to rotate her body to stretch her right           companied the leg-extension machine were
company did not unfairly treat its female                 Case Type: Design Defect, Products Li-                    shoulder. The machine tipped, and it struck             adequate. Cybex’s expert physical therapist
employees, and they claimed that women                    ability - Failure to Warn, Products Liability             her neck, fracturing two vertebrae.                     opined that Barnhard had been engaging in
were not subjected to adverse treatment in                - Sports Equipment                                           Barnhard sued the machine’s manufac-                 inappropriate conduct when the machine
response to their use of maternity leave. The             Case: Natalie M. Barnhard v. Cybex Inter-                 turer, Medway, Mass.-based Cybex Interna-               tipped and that Amherst Orthopedic had
defense’s expert labor economist argued that              national, Inc., No. 2368/05                               tional Inc. She alleged that the product was            failed to properly train Barnhard.
any gender-oriented differences in employees’             Venue: Erie Supreme, NY                                   defectively designed.                                      Injury:
salaries were not statistically significant. In re-       Judge: Diane Devlin                                          Cybex impleaded Barnhard’s employer,                    Barnhard suffered a fractured vertebra at
sponse, plaintiffs’ counsel contended that the            Date: 12-07-2010                                          Amherst Orthopedic Physical Therapy, P.C.               the C5-6 level, rendering her quadriplegic.
defense’s economist’s calculations were based                                                                       Cybex alleged that Amherst Orthopedic was               She spent more than a month at the Erie
on hourly earnings that were not adjusted to              PLAINTIFF(S)Attorney:                                     negligent in its installation of the machine.           County Medical Center before being trans-
reflect the earnings that were lost during the            •	 Kevin J. English and Michael R. Law;                   It sought indemnification.                              ferred to the Shepherd Center, an Atlanta-
female employees’ maternity leave.                           Phillips Lytle LLP; Rochester, NY, for                    Barnhard’s counsel contended that Cybex              based hospital that specializes in spinal-cord
                                                             Natalie M. Barnhard                                    should have warned users that only 40                   injury rehabilitation. She spent more than
Injury:                                                                                                             pounds of horizontal force was needed to                three months at the Shepherd Center before
  The plaintiffs sought recovery of past                  Expert:                                                   cause the machine to tip.
and future lost earnings, damages for their               •	 Clyde Richard P.E., Ph.D.; Mechani-                       During depositions, plaintiff’s counsel                                             -Continued on p8



                                                                             TOP 30 NEW YORK VERDICTS IN 2010
         CASE                                 DATE   COURT                  TYPE OF ACTION                                         PLAINTIFF'S COUNSEL                                                      AMOUNT


 26      Hunt v. City of New York             9/23   Queens Supreme         Negligence: Negligent Training - Teen paralyzed dur-   Barry Greenberg, Farmingdale, NY of Barry E. Greenberg, P.C.             $8,000,000
                                                                            ing football practice, claimed poor training

 27      Boles v. Merck & Co. Inc.            6/25   U.S. District Court,   Products Liability: Design Defect - Fosamax's use      Gary J. Douglas, New York, NY of Douglas & London, P.C & Timothy M.      $8,000,000
                                                     Southern District      led to necrosis of jaw, plaintiff alleged              O'Brien, Pensacola, FL of Levin Papantonio Thomas Mitchell Rafferty &
                                                                                                                                   Proctor, P.A.

 28      Durney v. Jacobowitz                 11/9   Kings Supreme          Medical Malpractice: Failure to Monitor - Patient's    Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &             $7,995,579
                                                                            death due to spike of glucose, suit alleged            Goodman, P.C.


 29      Ocampo v. Abetta Boiler &            5/19   New York Supreme       Negligence: Negligent Repair - One killed, others      Jamie Wolf, New York, NY of Lipsig, Shapey, Manus & Moverman; Evan M. $7,477,840
         Welding Service Inc.                                               hurt when cabbage processor broke                      Goldberg, New York, NY of Trolman, Glaser & Lichtman, P.C.


 30      Chapins v. Marmur                    3/4    Westchester            Medical Malpractice: Infection Control -               Preston J. Douglas and Richard A. Gurfein, New York, NY of Gurfein       $7,400,000
                                                     Supreme                                                                       Douglas LLP


6 Verdicts Search’s Top NY Verdicts of 2010
                                                                                                                111 John Street, 14th Floor
Douglas&London, P.C.                                                                                            New York, New York 10038
                                                                                                     P: (212) 566-7500 | F: (212) 566-7501



Douglas & London has taken on some of the largest companies and most powerful industries in the country,
including the pharmaceutical, medical device, automobile and tobacco industries, securing over $750 million
in compensation for injured victims and their families through jury verdicts and settlements. Members of the
firm have served as lead, co-lead, or liaison counsel in many of the largest national mass tort and consumer
class-action litigations in the country; such positions allow Douglas & London to play a critical role in shaping
some of the largest and most complex mass tort and class action cases in recent years.


“We don’t hesitate to take on any corporate giant that may be harming or defrauding consumers,” says founding partner Gary J.
Douglas, who won back-to-back $8 million verdicts against Johnson & Johnson subsidiary Ethicon Endosurgery and Merck & Co., both
recognized as top products liability verdicts of 2010 in this publication.


A few of the firm’s other notable successes include:

•    The landmark Zyprexa settlement: the firm, through Michael London’s work as court-appointed vice chair of the Plaintiffs’
     Steering Committee, secured $690 million for approximately 8,000 users of Zyprexa, an atypical anti-psychotic medication alleged
     to cause diabetes.

•    The historic Vioxx settlement of $4.85 billion: the firm represented hundreds of plaintiffs in this unprecedented settlement.

•    Other mass tort cases: in the past four years alone, the pioneering law firm has also achieved confidential settlements of
     $50.8 million on behalf of 152 plaintiffs against a Fortune 50 pharmaceutical company; $14.9 million on behalf of 15 plaintiffs against
     a Fortune 500 pharmaceutical company; $11.3 million on behalf of 109 plaintiffs against a Fortune 50 pharmaceutical company;
     and $7.6 million against another Fortune 500 company.

•    The first win against the tobacco industry in New York State history: the firm secured a $20 million-plus jury verdict against the
     tobacco industry on behalf of the widow of a former Lucky Strike smoker who died of lung cancer.

•    Victories at trial: Gary Douglas and the rest of the firm’s talented trial attorneys have secured scores of million-dollar verdicts,
     including back-to-back $20 million-plus verdicts in two different cases in 2004 and 2005.


                                    CONGRATULATIONS EXTENDED – 2010 has been no different

Everyone at Douglas & London is proud to congratulate and honor partner Gary Douglas for receiving two of the Top 30 products li-
ability verdicts of the year in this edition of Top NY Verdicts of 2010. The awards were for $8.5 million against Ethicon-Endo Surgical (a
subsidiary of Johnson & Johnson) and $8 million against Merck & Co (in a case that Mr. Douglas co-tried with Tim O’Brien from Pensa-
cola, Florida, and which was the very first plaintiff verdict in the national Fosamax litigation). Great work, Gary, and congratulations to
you and the teams that assisted you! We also acknowledge and congratulate Gary on his receipt of the prestigious Clarence Darrow
Award for 2010, presented each year to the lawyer judged to best embody the attributes and skills of the legendary trial attorney and
champion of the underdog.

Everyone at Douglas & London is also pleased to congratulate and honor Nicholas Warywoda for also making two appearances in
this edition of Top NY Verdicts of 2010, and for his repeat appearance in the publication on behalf of the firm in back-to-back years.
Congratulations Nick!


The firm, founded nearly ten years ago, remains committed to giving a voice to the voiceless and serving as tireless advocates for
the underdog, representing injury victims and consumers in New York and nationally. Today, the firm comprises 12 attorneys,
including partner Stephanie O’Connor and an incredibly talented supporting cast all able and willing to regularly take on the largest
cases and win.




                                                                                                           www.douglasandlondon.com
-Continued from p6                                    Verdict Information The jury found that                 $28,563,128 Personal Injury: Future                       Case: Daniel J. Savillo v. Greenpoint
                                                      Barnhard, Amherst Orthopedic and Cybex                  Medical Cost                                              Landing Associates LLC., and Greenpoint
being discharged.                                     were all negligent. Cybex was assigned 75               $151,690 Personal Injury: Past Lost Earn-                 Storage Terminal, LLC. / Greenpoint
   Barnhard’s injury left her without control         percent of the liability; Amherst Orthope-              ings Capability                                           Landing Associates, LLC., and Green-
of her bladder and bowels, and she requires           dic was assigned 20 percent of the liability;           $1,797,612 Personal Injury: Future-                       point Storage Terminal v. All Safe Heights
around-the-clock care. Her suit argued that           and Barnhard was assigned 5 percent of                  LostEarningsCapability                                    Contracting, Corp, No. 114418/07;
her quadriplegia has left her unable to experi-       the liability.                                          $8,000,000 Personal Injury: Past Pain And                 590014/08
ence the joys of parenthood and grow the                 The jury determined that Barnhard’s                  Suffering                                                 Venue: New York Supreme, NY
massage-therapy business she was in the pro-          damages totaled $65,994,304, but the                    $25,000,000 Personal Injury: Future Pain                  Judge: Emily Jane Goodman
cess of founding at the time of her accident.         comparative-negligence reduction pro-                   And Suffering                                             Date: 12-21-2010
   Barnhard’s economics expert estimated              duced a net recovery of $62,694,588.80.                 $792,435 Personal Injury: future care for
future medical costs of nearly $28.9 million,            According to plaintiff’s counsel and                 potential children                                        PLAINTIFF(S) Attorney:
based on an anticipated age-of-death of 72            Amherst Orthopedic’s counsel, Cybex does                                                                          •	 David B. Golomb; Law Offices of
years. The parties stipulated that past medical       not have enough insurance to satisfy the                Post-Trial: Cybex’s counsel intends to seek                  David B. Golomb; New York, NY, for
expenses totaled nearly $1.69 million. In ad-         company’s share of the verdict via its policy           post-trial relief from the jury’s verdict.                   Daniel J. Savillo
dition to damages for future care of potential        coverage. Amherst Orthopedic’s counsel                                                                            •	 Roy R. Jaghab; Jaghab, Jaghab &
children, lost earnings and future medical            reported that Cybex’s $5 million reduc-                 Editor’s Comments This report is based                       Jaghab, P.C.; Mineola, NY, for Daniel
costs, plaintiff’s counsel asked the jury to          ing policy currently contains roughly $2.5              on information that was provided by                          J. Savillo
award Barnhard $8 million in damages for              million, after attorney fees and litigation             plaintiff’s and defense counsel.
past pain and suffering and $25 million in            costs. Plaintiff’s counsel reported that they                                                                     Expert:
damages for future pain and suffering.                are prepared to seek company assets in                                                                            •	 Joseph Carfi; Physical Rehabilitation;
   Defense counsel argued that Barnhard’s             satisfaction of Cybex’s share of the verdict.                                   #3                                    Lake Success, NY called by: David
condition meant she would likely live no              Amherst Orthopedic’s counsel suggested                                                                                Golomb, Roy Jaghab
longer than 64 years. The defense also con-           that Cybex will have to fulfill the entire              Worker’s 12-foot fall caused paralyzing injury            •	 Anthony Frempong-Boadu M.D.;
tended there was no proof that Barnhard’s             judgment before it can seek indemnifica-                                                                              Neurosurgery; New York, NY called
massage-therapy business would have been              tion from his client.                                   Verdict: (P) $50,591,035.87                                   by: David Golomb, Roy Jaghab
as financially successful as plaintiff’s counsel      Natalie M. Barnhard                                     Case Type: Labor Law, Construction -                      •	 David Payne M.D.; Neuroradiol-
claimed.                                              $1,689,439 Personal Injury: Past Medical                Accidents, Slips, Trips & Falls - Fall from
                                                      Cost                                                    Height, Civil Practice - Summary Judgment                                                    -Continued on p10




                          TOP 2010 VERDICTS BY CATEGORY
                                                                                                    Animals
 CASE                                          DATE         COURT             TYPE OF ACTION                                  PLAINTIFF'S COUNSEL                                                             AMOUNT
 Letteriello v. Zimmardi                       10/4         Suffolk Supreme   Animal control : Girl bitten by pit bull        Kenneth A. Wilhelm, New York, NY of Law Offices of Kenneth A. Wilhelm           $750,000
                                                                              claimed facial scar

 Caliendo v. Bridbord                          7/19         Queens            Animal control : Vicious dogs not ad-           Gregory S. Gennarelli, New York, NY of Salenger, Sack, Kimmel & Bavaro,         $440,000
                                                            Supreme           equately restrained, bitten plaintiff alleged   LLP

 Chappell v. Mather                            6/1          Steuben           Animal control : Kennel's owners not            Philip C. Learned, Elmira, NY of Learned, Reilly, Learned & Hughes, L.L.P.      $92,500
                                                            Supreme           careful with vicious dog, worker alleged

 Torres v. Jackson                             5/26         Nassau Supreme    Animal control : Man bitten by neighbor's       David A. Bythewood, Garden City, NY of David A. Bythewood, Esq.                 $75,000
                                                                              dog sought reimbursement for fence




                                                                                                   Antitrust
 CASE                                          DATE         COURT             TYPE OF ACTION                                  PLAINTIFF'S COUNSEL                                                             AMOUNT
 Stand-Up MRI of the Bronx P.C. v. Carecore    11/30        U.S. District     Antitrust - Radiology practices accused         Axel Bernabe, Axel A. Bernabe, Matthew L. Cantor, and Gary J. Malone,           $35,101,797
 National LLC                                               Court, Eastern    benefits managers of antitrust                  New York, NY of Constantine Cannon LLP
                                                            District




                                                                                                     Banking
 CASE                                          DATE         COURT             TYPE OF ACTION                                  PLAINTIFF'S COUNSEL                                                             AMOUNT
 Lefkowitz v. Capital One Bank (USA), N.A.     11/29        Westchester       Banking - Bank refused to pay off valid CD, Gary A. Friedman, Armonk, NY of Gary A. Friedman Esq.; Lawrence                     $45,604
                                                            Supreme           plaintiff alleged                           Horowitz, Armonk, NY of of counsel, Gary A. Friedman Esq.

8 Verdicts Search’s Top NY Verdicts of 2010
                                                                                              BRONX 155 East 149th Street, Suite 2, Bronx, NY 10451 | Phone: 718-993-9999
                                                                                                                                                  www.oreskylaw.com


                # 10 of the TOP 30 NY Verdicts of 2010!
                                         Barros v. New Roc Parcel - $18,334,226.00

                                                    Barros v. New Roc Parcel 1A, LLC
                                                       1/26/2010 Bronx Supreme
                                                         Construction: Labor Law -
                                          Carpenter alleged spine, ankle injuries from 15-foot fall


                                                      Jacob Oresky & Associates, PLLC., extends its appreciation and gratitude to the hard
                                                      working members of the judiciary for their provision of justice to all through our legal
                                                      system. With the zealous advocacy of the plaintiffs’ and defendants’ bar, our judicial
                                                      system allows all men and women that have been wronged, the ability to seek redress
                                                      through the courts and receive justice. Such was the case in Barros v. New Roc Parcel,
                                                      where a carpenter fell from a scaffold suffering career ending injuries.


                                                      The verdict in Barros, continues our firm’s tradition of legal excellence and advocacy
                                                      for victims of accidents. Our founder, Jacob Oresky, Esq., has for over 20 years, built
                                                      a reputation for providing his clients with hard work and dedicated service. For his
                                                      clients, he has never left a stone unturned. It was our privilege to have been chosen by
                                                      Mr. Barros to represent his interests in this most important part of his life.


Other NOtable results ObtaiNed by JacOb Oresky & assOciates, Pllc*

CONSTRUCTION ACCIDENT:                                          CONSTRUCTION ACCIDENT:
$6.6 Million Won by construction worker that fell from scaffold $4 Million Awarded to construction worker struck by falling
sustaining serious injuries.                                    roadway divider.

CONSTRUCTION ACCIDENT:                                                   AUTOMOBILE ACCIDENT:
$6 Million Won by construction worker that fell from ladder $1.55 Million Awarded to passenger in automobile accident.
sustaining serious injuries
                                                                         AUTOMOBILE ACCIDENT:
NEGLIGENT SUPERVISION:                                                   $1.3 Million Awarded to pedestrian struck by speeding
$6 Million Awarded to 19 year old mentally retarded man that automobile.
suffered severe burns as a result of institution’s failure to supervise.
                                                                         TRIP & FALL ACCIDENT:
CONSTRUCTION ACCIDENT:                                                   $1 Million Awarded to family of 80 year old trip & fall accident
$5.6 Million Awarded to construction worker struck by falling object at victim.
construction site.                                                                    *Prior results do not guarantee a future similar outcome. Attorney Advertising.
-Continued from p8                                    his neck and shoulders, and he sustained a             maneuvering around the top of the storage                    longer stay than first anticipated because
                                                      paralyzing injury.                                     structure. They reported that Savillo had                    he developed kidney infections. After his
      ogy; New York, NY called by: David                 Savillo sued the premises’ owner, Green-            been drinking alcohol the night before his                   release, Savillo moved to Florida to live
      Golomb, Roy Jaghab                              point Landing Associates L.L.C., and the               accident.                                                    with relatives. He began a physical reha-
•	    Kristjan Ragnarsson M.D.; Physical              property’s managing agent, Greenpoint                     On Sept. 7, 2010, Judge Emily Jane                        bilitation program, but he was forced to
      Rehabilitation; New York, NY called             Storage Terminal L.L.C. Savillo alleged that           Goodman granted Savillo’s motion for                         miss many of his appointments during the
      by: David Golomb, Roy Jaghab                    the defendants violated the New York State             summary judgment. She also granted the                       ensuing 10 months because he developed
•	    Alan Leiken Ph.D.; Economics; Stony             Labor Law.                                             Greenpoint defendants’ motion seeking                        multiple bedsores. One bedsore, on his
      Brook, NY called by: David Golomb,                 The defendants impleaded Savillo’s em-              summary judgment on their claim against                      right buttock, necessitated a two-week hos-
      Roy Jaghab                                      ployer, All-Safe Height Contracting Corp.,             All-Safe Height Contracting for common-                      pitalization, during which necrotic tissue
                                                      seeking indemnification and contribution.              law indemnification.                                         and bone were removed.
Insurer:                                                 Savillo claimed that he was not provided               The trial proceeded on damages.                              Savillo, who has no sensation or move-
•	 New York State Insurance Fund for                  a safety harness or any other type of equip-                                                                        ment below the waist, self-catheterizes to
    All-Safe Height Contracting                       ment that could have prevented his fall.               Injury:                                                      void urine, and he uses a special device to
                                                      During depositions, All-Safe Height Con-                  Savillo, who lost consciousness for                       manually evacuate stools.
Facts:                                                tracting’s owner and head foreman acknowl-             approximately 10 minutes after falling to                       Savillo claimed that he is permanently
   On Feb. 12, 2007, plaintiff Daniel                 edged that they had neither instructed                 the ground, was taken by ambulance to                        disabled. Plaintiff’s counsel argued that
Savillo, 29, a scaffold worker and union-             Savillo and other workers to wear fall-pro-            Bellevue Hospital Center, in Manhattan.                      Savillo’s future employment prospects, lim-
affiliated bricklayer, worked at a job site           tection equipment nor provided any such                He was treated for a fracture of the T11                     ited to manual labor even before the fall
that was located at 171 West St., in the              equipment. Savillo’s counsel contended that            vertebra, several skull fractures, a contu-                  because he never completed high school,
Greenpoint section of Brooklyn. Savillo and           the incident stemmed from an elevation-                sion of the right frontal brain lobe, and                    were further reduced by cognitive deficits
a co-worker were laying corrugated metal              related hazard, as defined by Labor Law ?              subdural and subarachnoid bleeding. Three                    as a result of injuries to his brain.
sheets on the top of a storage structure              240(1), and that Savillo was not provided              days after the accident, Savillo’s treating                     Before the accident, All-Safe Height
that was being erected. According to his              the proper, safe equipment that is a require-          neurosurgeon performed a spinal opera-                       Contracting had taken steps to ensure that
co-worker, Savillo fell about 12 feet to the          ment of the statute. They also contended               tion in which screws were placed into each                   Savillo would become a member of the
ground after inadvertently stepping on an             that the site was not properly safeguarded,            vertebra between the T7 and L2 levels,                       carpenters’ union, according to plaintiff’s
unsecured short sheet. The co-worker was              as required by Labor Law ? 241(6).                     along with vertical rods connecting each of                  counsel. Therefore, he would have earned
the only witness. Savillo was not wearing                The defense contended that Savillo’s fall           the screws, and the vertebrae were fused.
a safety device. He landed on the back of             was the result of his poor judgment while                 Savillo was at Bellevue for 14 weeks, a                                            -Continued on p12


                                                                                                  Civil Rights
 CASE                                          DATE         COURT              TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                     AMOUNT
 Newton v. City of New York                    10/19        U.S. District      Police & Prosecutorial Negligence: Loss        John F. Schutty III, New York, NY                                       $18,592,000
                                                            Court, Southern    of evidence led to 22-year imprisonment,
                                                            District           suit alleged
 Vargas v. City of New York                    10/19        Kings Supreme      Prisoners' Rights : Diabetic prisoner didn't   Seth A. Harris, New York, NY of Burns & Harris                          $17,500,000
                                                                               receive insulin, suffered brain damage
 Gibbs v. The City of New York                 8/4          Eastern District   Civil Rights - City of New York awards         Nick J. Brustin, New York, NY of Neufeld, Scheck & Brustin, LLP         $9,900,000
                                                                               record settlement to man wrongly impris-
                                                                               oned for murder
 Screven v. Officer Hernandez                  4/26         Eastern District   Police as Defendant :                          Alan D. Levine, Kew Gardens, NY of Alan D. Levine, Attorney at Law      $65,000


                                                                                           Constitutional Law
 CASE                                          DATE         COURT              TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                     AMOUNT
 Hill v. Town of Fallsburg                     3/5          Sullivan Supreme   Search and Seizure : Plaintiffs claimed po-    Brian T. Edwards, Monticello, NY of Drew, Davidoff & Edwards            $5,500
                                                                               lice entered their home without warrant


                                                                                          Construction Defect
 CASE                                          DATE         COURT              TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                     AMOUNT
 Danseglio v. Jemval Corp.                     12/9         Nassau Supreme     Defects : Historic home collapsed during       William G. Wallace, Garden City, NY of Favata & Wallace LLP             $1,200,000
                                                                               renovation, worker error alleged
 Leonard v. Davis Homes Inc.                   5/5          Suffolk Supreme    Defects : Home's staircase not properly        Ted M. Rosenberg, Holtsville, NY of Rosenberg & Gluck, L.L.P.           $740,000
                                                                               secured, injured worker claimed
 McGee v. James V. Falso Construction Inc.     6/2          Onondaga           Defects : Work site's temporary staircase      Lawlor F. Quinlan, III, Buffalo, NY of Connors & Vilardo, L.L.P.        $350,000
                                                            Supreme            not sturdy, plaintiff claimed
 Goldstein v. Brookwood Building Corp.         6/14         Monroe             Defects : Homeowners claimed builder's         Stephen G. Schwarz, Rochester, NY of Faraci Lange, LLP                  $187,673
                                                            Supreme            error led to mold infestation
 Williams-Grant v. Christmas                   8/30         Westchester        Defects : Unlicensed contractor bungled        Robert Brodsky, Harrison, NY of Brodsky & Peck;                         $165,000
                                                            Supreme            renovation, homeowner alleged
 Orona v. Wai Sun Realty, LLC                  11/22        New York Civil     Defects : Sidewalk's defect ignored for five   Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,    $140,000
                                                                               years, plaintiff alleged                       P.C.
 Gifaldi v. Sunset Builders & Roofers          10/29        Erie Supreme       Defects : Roofer's errors led to damaging      Joseph Manna, Buffalo, NY of Lipstiz Green Scime Cambria                $93,000
                                                                               leaks, homeowners claimed

10 Verdicts Search’s Top NY Verdicts of 2010
                                                       Burns and Harris with you every step of the way
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time of their initial consultation to the resolution of their case. We go into every trial prepared to win nothing less than a settlement in your best interest.


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For more than fifteen years, the New York law firm of Burns and Harris has successfully represented          Michael Brennan v. New Water Street Corp. $3,823,000 verdict for construction accident*
clients in cases of personal injury, wrongful death, and medical malpractice and assisted in obtaining       Mr.Brennan fell from approximately 25 feet while working at a construction project. He suffered a
substantial personal injury settlements. Our dedication and relentless determination to help injury and      shattered bone in his right leg requiring surgery and hardware placement. Mr. Brennal also suffered
accident victims has allowed us to win fair and extensive personal injury settlements for our clients.       two fractures in his facial bones, and a dislocated finger requiring surgical repair. Mr. Brennan spent
                                                                                                             34 days in the hospital and as a result of the accident walks with a limp and requires the use of a cane.
Although personal injury settlements will vary as cases are different, our law firm has provided some        The jury rendered a verdict of $3,823,000, and the case was settled for $3,000,000.
of our past settlements and case results in order to help better educate our clients.
                                                                                                             Leon Griffin v. Clinton Green South, LLC and Bovis Lend Lease, LMB – Verdict $12,561,772
Personal Injury Settlements                                                                                  A Bronx Jury awarded Mr. Griffin over $12 million for an accident on a construction site. Mr. Griffin
                                                                                                             was working when a piece of 35 pound piece of scaffold fell striking Mr. Griffin in the lower back.
Mary Colon v. New York Eye Surgery - $2,253,714.00 verdict for trip and fall                                 Mr. Griffin suffered a herniated disc requiring surgical removal of a portion of the disc and permanent
A Bronx jury awarded Ms. Colon $2.25 million for a trip and fall accident. Ms. Colon was caused to fall      nerve damage. Mr. Griffin is unable to return to work and is in constant pain. The jury found defen-
when she moved to the right to allow another pedestrian to pass and her foot rolled to the outside due to    dants liable for Mr. Griffins pain and suffering as well as his lost wages and benefits in the amount of
the sidewalk being unlevel with the adjoining grass. Ms. Colon fractured right ankle with resulting reflex   $12,561,772.
sympathetic dystrophy, a permanent condition causing hypersensitivity to the slightest touch. The jury
found the defendant liable and awarded Ms. Colon $2,253,714.00 for her pain and suffering.                   Wrongful Death and Medical Malpractice

Samperisi v. Starbucks Coffee Co. - $3,470,670 for Espresso Machine Scalds Coffee Shop Customer*             Malcolm Ferguson v. City of New York - $10,500,000 verdict for wrongful death*
The firm’s client, a 33-year-old teacher’s assistant, was scalded by an espresso machine which ex-           A Bronx jury awarded $10.5 million to the mother of Malcolm Ferguson, who was wrongfully shot
ploded while the defendant’s employee was demonstrating how the machine worked. The client was a             and killed by the New York City Police Department. Malcolm Ferguson, who was unarmed, was shot
customer at defendant’s coffee shop on the date of the accident, and suffered first-degree burns to her      point blank in the left temple of his head. The police officer, Louis Rivera, also a defendant in the case,
right (dominant) hand, resulting in chronic Stage III reflex sympathetic dystrophy of the right upper        was found to have used excessive force in violation of Malcolm Ferguson’s civil rights as protected
extremity. The jury awarded the client $3,470,670.                                                           under the United States Constitution.
                                                                                                             The jury awarded a $3,000,000 Bronx personal injury settlement for pain and suffering. $7,000,000
Sonia Calderon v. Macombs Village Associates – $450,000.00 Bronx injury settlement                           for punitive damages and $500,000 for loss of support.
Ms. Calderon, a wheelchair bound disabled woman was struck by a defective door in her apartment
building causing injury to her left leg. The injury caused an infection and eventual below the knee          Medical Malpractice and Wrongful Death - $4,000,000 with future value of $24,802,897.79 *
amputation of Ms. Calderon’s left leg. The case was settled with defendants for a $450,000.00 injury         The firm represented the mother-decedent and her infant son. The mother-decedent came under the
settlement in Bronx.                                                                                         care of the defendant-hospital in connection certain medical, anesthesiological, and obstetrical care,
                                                                                                             treatment, and/or surgery to be rendered to the plaintiff by the defendants, its agents, servants and/or
Perales v. City of New York - Slip and Fall in the Bronx $2,995,000*                                         employees. During the decedent’s admission to the defendant-hospital, the defendant dispensed anes-
The firm’s client, a 47-year-old male, slipped and fell on a public sidewalk in the Bronx. It had snowed     thesia during an epidural to the decedent in an inadequate manner. The mother-decedent suffered per-
four to five days prior to the date of the accident and the sidewalk was covered with ice. The client        sonal injuries and wrongful death due to the defendant’s failure to properly administer epidural anes-
claimed that the city owned the adjacent parking lot and allegedly did nothing to prevent cars from          thesia. The defendant was also found to be careless and negligent in the care, treatment, delivery, and
riding over the sidewalk and parking the lot, which resulted in a ridge on the sidewalk creating             management of the infant and his mother, prenatally, perinatally and postnatally, which caused brain
dangerous conditions for pedestrians. The client suffered a lumbar fracture and a herniated disc. The        damage to the infant. The case settled for $1,000,000 for wrongful death of mother and $3,000,000 for
jury found the city liable and awarded the client a $2,995,000 personal injury settlement in Bronx.          personal injuries of the infant due to the residue of the birth trauma sustained by infant.

Juanita Young vs. City of New York - $1,350,000 verdict for excessive force *                                Gerber v. Harry and Luisa Howard d/b/a Woodstock Manor Home for Senior Citizens v. Charnow
A Bronx jury awarded plaintiff Juanita Young $1,350,000 for injuries caused by the use of excessive          Associates - Adult Home Negligence $1,677,835 *
force during an arrest. Ms. Young was arrested and later acquitted for trespassing in her own apart-
ment. During the arrest, Ms. Young, who is legally blind, was handcuffed from behind, with her chil-         The firm’s client, a 63-year-old mentally incompetent man, slipped and fell in his own urine while
dren watching, and taken to the top of the stairs to exit the building. While Ms. Young was descending       attempting to walk to the bathroom at the defendant’s senior citizen home. The client fractured his
the starirs, the police officer shoved Ms. Young in the back, causing her to fall down the stairs. While     hip and as a result is confined to a wheel chair for the rest of his life. The client had a long history of
she was on the ground, the police officer pulled Ms. Young up from the ground by the handcuffs and           incontinence of which the staff at the adult home where he lived was aware. The client claimed that
again pushed her down the stairs, causing Ms. Young to fall for the second time. Ms. Young was even-         the staff of the home failed to properly care for him, and the jury awarded $1,677,835.
tually taken to the hospital by ambulance. Ms. Young suffered a tear of a muscle in the right wrist that
required surgical intervention. The jury awarded $600,000 for past pain and suffering. $500,000 for          John Doe v. Brooklyn Hospital Settlement - $2,750, 000 with a future value of $10,526,337 *
future pain and suffering, and $250,000 for excessive imprisonment.                                          The firm’s client was a child with cerebral palsy who was injured as a result of medical malpractice.
Construction Accidents                                                                                       The firm’s clients claimed improper management of pregnancy, labor, and delivery resulting in brain
                                                                                                             damage and received a Brooklyn personal injury settlement.
-Continued from p10                                       carpenters’ union was not guaranteed                 tation costs                                                      Livingston & Moore; New York, NY,
                                                          at the time of his fall, and its econom-                                                                               for Matthew V. Falcone, Jr.
better wages and more generous benefits                   ics expert testified that Savillo, if not a          Post-Trial: All-Safe’s counsel has moved for
than he had received as a union bricklayer,               member of the carpenters’ union, would               a reduction of the damages awards.                          Expert:
he claimed. All-Safe Height Contract-                     have earned roughly $2.3 million before                                                                          •	 Lawrence Shields M.D.; Neurology;
ing’s secretary testified that the company’s              reaching retirement age. The life-care plan          Editor’s Comments - TThis report is based                       Long Beach, NY called by: Thomas
owner had stated on numerous occasions                    estimated by All-Safe Height Contracting’s           on court documents and information that                         Moore
that Savillo would one day become a mem-                  rehabilitation expert was $8.12 million.             was provided by plaintiff’s and defense                     •	 Richard Schuster; Life Care Planning;
ber of the carpenters’ union.                                                                                  counsel.                                                        New York, NY called by: Thomas
   The plaintiff’s expert economist testified             Verdict Information The jury found that                                                                              Moore
that as a member of the carpenters’ union,                Savillo’s damages totaled $50,591,035.87.                                                                        •	 Alan Leiken Ph.D.; Economics; Stony
Savillo would have enjoyed earnings and                                                                                                 #4                                     Brook, NY called by: Thomas Moore
benefits totaling approximately $5.6                      Daniel J. Savillo                                                                                                Insurer:
million over the course of his remaining                  $551,348 Personal Injury: past medical               Man struck by car suffers paralysis, brain                  •	 Self-insured Verizon New York
working years. Savillo’s economic expert                  cost                                                 damage                                                          (primary coverage of $2,000,000)
also testified that, based on the life-care               $9,039,378 Personal Injury: future medi-                                                                         •	 American International Group Inc.
plan created by his physical rehabilitation               cal Cost                                             Verdict: (P) $40,876,000.00                                     for Verizon New York (excess)
expert, the cost of future care would total               $196,475 Personal Injury: past lost earn-            Case Type: Pedestrian, Motor Vehicle -
more than $9.2 million over a remain-                     ings capability                                      Speeding, Motor Vehicle - Hit and Run                       Facts:
ing life expectancy of 42 years. Plaintiff’s              $2,534,749 Personal Injury: future lost              Malpractice - Plastic Surgeon                                 On Sept. 7, 2006, plaintiff Matthew
counsel asked the jury to award a total of                earnings capability                                  Case: Doreen Bergamo as Guardian ad                         Falcone Jr., a 49-year-old unemployed
$35 million for past and future pain and                  $10,000,000 Personal Injury: past pain               Litem of Matthew V Falcone, Jr v. Verizon                   man who was receiving Social Security
suffering.                                                and suffering                                        New York Inc Verizon NY Inc & Franklin                      disability benefits, was struck by a truck.
   The defense’s neuropsychology expert                   $25,000,000 Personal Injury: future pain             D Williams, No. 27399/07                                    The incident occurred on Stillwell Avenue,
acknowledged that Savillo’s fall resulted in              and suffering                                        Venue: Kings Supreme, NY                                    alongside its intersection at Bay 43rd
cognitive damage but opined that he could                 $47,861 Personal Injury: past lost benefits          Judge: Lawrence Knipel                                      Street, in the Bensonhurst section of
still be retrained to work.                               $3,030,786 Personal Injury: future lost              Date: 05-25-2010                                            Brooklyn. Falcone sustained injuries of his
   All-Safe Height Contracting’s counsel                  benefits                                             PLAINTIFF(S) Attorney:
argued that Savillo’s membership in the                   $190,439 Personal Injury: future transpor-           •	 Thomas A. Moore; Kramer, Dillof,                                                          -Continued on p14



                                                                                         Construction Accident
 CASE                                              DATE         COURT           TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                              AMOUNT
 Savillo v. Greenpoint Landing Associates LLC.     12/21        New York        Labor Law : Worker's 12-foot fall caused       Roy R. Jaghab, Mineola, NY of Jaghab, Jaghab & Jaghab, P.C.& David B.            $50,591,036
                                                                Supreme         paralyzing injury                              Golomb, New York, NY of Law Offices of David B. Golomb
 Barros v. New Roc Parcel 1A, LLC                  1/26         Bronx Supreme   Labor Law : Carpenter alleged spine, ankle     Howard R. Borowick, Bronx, NY of counsel to Law Offices of Jacob                 $18,334,226
                                                                                injuries from 15-foot fall                     Oresky
 Mastando v. One Bryant Park, LLC                  7/15         New York        Labor Law : Makeshift scaffold's failure had   Gregory S. Gennarelli, Robert Sack, Marvin Salenger, Woodbury, NY of             $13,000,000
                                                                Supreme         paralyzing result                              Salenger, Sack, Kimmel & Bavaro, LLP
 Griffin v. Clinton Green South, LLC               4/24         Bronx Supreme   Labor Law : Laborer hit by falling piece of    Seth A. Harris and Alison R. Keenan, New York, NY of Burns & Harris              $12,561,772
                                                                                scaffold, alleged disabling injury
 Montero v. Sentinel Diversified Industries Inc.   3/15         Queens          Labor Law : Worker claimed 25-foot fall        William Schwitzer, New York, NY of Dinkes & Schwitzer                            $8,900,000
                                                                Supreme         led to fusion of spine
 Rivera v. CSPN Paliuras Contracting               4/23         Queens          Accidents : Undocumented immigrant             Kenneth J. Halperin and Philip A. Russotti, New York, NY of Wingate,             $8,200,000
                                                                Supreme         roofer paralyzed in fall                       Russotti & Shapiro
 Garcia v. 77 Holding Corp.                        9/13         Queens          Labor Law : Laborer claimed three-story        Mauricio Malagon, New York, NY of Dinkes & Schwitzer                             $6,327,800
                                                                Supreme         fall ended career
 Mamzer v. Consolidated Edison of New York         11/10        Kings Supreme   Construction worker electrocuted while         Peter P. Traub, Jr., New York, NY of trial counsel to Law Offices of Antoni      $6,000,000
 Inc.                                                                           erecting scaffold adjacent to power lines      Moszczynski, Brooklyn, NY
 Aguilar v. 610 West Realty LLC.                   4/20         Bronx Supreme   Labor Law : Worker hit by falling door-        Howard R. Borowick, New York, NY of of counsel, Law Offices of Jacob             $5,600,000
                                                                                frame underwent fusion of back, neck           Oresky
 Cocoli v. Champion Construction Corp.             5/17         Kings Supreme   Labor Law : Worker claimed shaky ladder        Nick Gjelaj and Daniel P. O'Toole, New York, NY of Block O'Toole &               $4,900,000
                                                                                caused fall, spinal fractures                  Murphy, LLP, New York, NY, trial counsel, Elliot Ifraimoff & Associates, P.C.,
                                                                                                                               Forest Hills, NY
 Migliaccio v. 808 Columbus LLC                    1/4          New York        Labor Law : Worker lost toes, claimed he       Pat James Crispi, New York, NY of Keogh Crispi P.C.                              $4,500,000
                                                                Supreme         was placed too close to danger
 Shabazz v. City of New York                       2/1          Bronx Supreme   Labor Law : Contractors didn't address icy     Steven M. Weinstein, New York, NY of The Perecman Firm, PLLC                     $4,093,694
                                                                                renovation site, worker alleged
 Caban v. Maria Estela House I Assoc. LP           6/25         New York        Labor Law : Worker broke ankle, leg in         D. Carl Lustig, III, New York, NY of Arye, Lustig & Sassower, P.C.               $4,077,239
                                                                Supreme         20-foot fall after electric shock
 Turk v. CPS 1 Realty LP                           5/7          New York        Labor Law : Plaintiff alleged roof's danger-   Nick Gjelaj and Daniel P. O'Toole, New York, NY of Block O'Toole &               $4,000,000
                                                                Supreme         ous condition resulted in injury               Murphy LLP
 Rawlings v. City of New York                      9/7          Kings Supreme   Labor Law : Worker's spine fractured in        Michael A. Rose, New York, NY of Hach & Rose, LLP                                $3,475,000
                                                                                20-foot fall
 Lee v. Riverhead Bay Motors                       11/23        New York        Scaffolds and Ladders : Appeals court's        Kenneth A. Wilhelm, New York, NY of Law Offices of Kenneth A. Wilhelm            $3,375,576
                                                                Supreme         reversal of $1.3 million verdict led to
                                                                                second trial

12 Verdicts Search’s Top NY Verdicts of 2010
                                                                                                             Stuart L. Finz
                                                                                                             Senior Trial Attorney and CEO
                                                                                                             SFinz@FinzFirm.com

                                                                                                             Stuart L. Finz earned his reputation as a top trial attorney by having scored record multi-million dollar verdicts and
                                                                                                             settlements. He has been rewarded with a coveted membership in the prestigious Super Lawyers, and the Multi-Million
                                                                                                             Dollar Advocates Forum. Most recently, he obtained the largest recorded individual personal injury truck accident
                                                                                                             settlement in New York State history on behalf of a single injured plaintiff. Mr. Finz represented a young mother and her
                                                                                                             two-year-old son, who resided in London and returned to New York for a weekend family celebration, when they were
                                                                                                             involved in a motor vehicle accident with a tractor-trailer. After being contacted by the family, Mr. Finz amassed his top
                                                                                                             team of experts. The case was placed in suit in the United States Federal District Court, Southern District of New York,
                                                                                                             within days of being retained. After over 40 depositions (many of which were all day video shoots), massive discovery
                                                                                                             demands, and responses, the case was trial ready, and within one year of being retained, settled just prior to jury selec-
                                                                                                             tion. The record settlement for the child was in the sum of $21,000,000.00 and the total case settlement was in the
                                                                                                             sum of $24,500,000.00. In addition to his extraordinary courtroom skills, Stuart Finz oversees the Medical Malpractice,
                                                                                                             Products Liability, Mass Tort, and General Negligence departments of the firm. Extreme preparation that includes state-
                                                                                                             of-the-art courtroom presentations, total dedication to his clients and forwarding attorneys, all join together in setting
                                                                                                             forth a proven winning formula.
       A N At i o N A l l Aw F i r m

                                                                                                             Judge Leonard L. Finz
                                                                                                             Founder of the firm

                                                                                                             Honorable Leonard L. Finz is a former NYS Supreme Court Justice, rated by his peers as one of “America’s Preeminent
                                                                                                             Trial Lawyers”, and a master trial advocate in the courtroom (having scored record multi-million dollars verdicts and
                                                                                                             settlements). A former professor of law, he has also served on the faculty of the National Judicial College where he has
                                                                                                             taught judges in 50 states on Medical Malpractice, and issues of Trial Procedure. He is a prolific author of hundreds
                                                                                                             of articles and opinions published in leading national journals and official reports. His name has appeared prominently
                                                                                                             in news articles published in the NY Times; Wall Street Journal; Washington Post; Scripps; Newsweek; British Medi-
                                                                                                             cal Journal; and NY Law Journal. He has been featured in countless seminars on such subjects as Trial Techniques,
                                                                                                             Medical Malpractice, “Winning the Million Dollar Verdict”, and many more. Leonard L. Finz, a former U.S. Army officer
                                                                                                             (Pacific Theater), was officially decorated by the Secretary of the Army for his “distinguished and meritorious service…
                                                                                                             and outstanding contribution to military justice.”

                                                                                                             The Finz Firm is AV rated by Martindale-Hubbell, has won over $500 Million in verdicts and settlements, and serves
                                                                                                             clients and forwarding attorneys throughout New York State and Nationally in all matters of significant Personal Injury,
                                                                                                             Medical Malpractice, Toxic Exposure, Defective Products, Unsafe Drugs, and Construction Accidents.

                                                                                                             The firm has principal offices located in its own high-tech building in Mineola, New York in addition to offices in
                                                                                                             Manhattan with affiliate offices throughout the country.

                                                                                                             Contact the Finz firm toll free at (855) TOP-FIRM or log on to FinzFirm.com.


A Sampling of Multi-Million Dollar verdicts and settlements by Stuart L. Finz, Leonard L. Finz and the Finz Firm
Settlement - $24,500,000.00                                      Verdict - $5,042,432.00                                        Settlement - $4,600,000.00                                    Verdict - $3,000,000.00
Record truck accident settlement for a spinal cord in-           Verdict against Phillip Brothers Chemical Company, Inc.        Settlement for a bicyclist that was thrown as a result of     Verdict against the nation’s largest helmet manufacturer
jury caused by the careless operation of a loaded tractor        who failed to adequately warn a worker in an electroplating    a defective roadway maintained by the State of New York       when a victim was thrown from a motorcycle causing
trailer.                                                         plant how to properly add zinc cyanide to a brass plating      during a charitable event.                                    her to strike her head on the pavement resulting in brain
                                                                 mixture resulting in an explosion causing burns and loss                                                                     damage despite wearing the protective helmet.
Verdict - $22,575,000.00                                         of vision in one eye.                                          Verdict with interest - $4,600,000.00
Verdict for wrongful death, conscious pain and suffering,                                                                       Verdict in an upstate county medical malpractice cardiac      Verdict - $3,000,000.00
punitive damages, and negligent infliction of emotional          Verdict - $5,000,000.00                                        case.                                                         Verdict against an upstate hospital for failure to diagnose a
distress for three children.                                     Verdict against a hospital that failed to properly treat an                                                                  cerebral aneurysm.
                                                                 asthma patient resulting in respiratory arrest and brain       Settlement - $4,500,000.00
Verdict - $20,520,000.00                                         damage.                                                        Settlement with a hospital for the failure to timely          Settlement - $2,875,000.00
Verdict against Philip Morris USA Inc. and American                                                                             diagnose and treat an intra-cerebral bleed of an 18           Settlement for a worker who was required to change a part
Tobacco for designing cigarettes to addict consumers. Pu-        Verdict - $5,000,000.00                                        year old female patient that resulted in permanent brain      in a commercial boiler without the main hot water supply
nitive damages assessed against Philip Morris USA Inc. in        Verdict against a bus company in a wrongful death case         damage.                                                       shut down resulting in second and third degree burns and
the sum of $17.1 million.                                        brought by the widow of a truck driver killed in a crash                                                                     death.
                                                                 with a bus.                                                    Settlement - $4,200,000.00
Verdict - $9,000,000.00                                                                                                         Settlement for a victim who suffered a stroke during the      Settlement - $2,750,000.00
Verdict for a victim who fell down a flight of stairs and suf-   Settlement - $5,000,000.00                                     delivery of her child.                                        Settlement for burns when a roach spray can ignited by
fered a back injury when Con Edison shut down power to           Settlement for a victim whose legs were severed by a train                                                                   static electricity in the air.
her apartment building.                                          as a result of the railroad’s neglect in securing the track.   Settlement - $3,500,000.00
                                                                                                                                Settlement for a newborn who contracted chickenpox from       Settlement - $2,500,000.00
Settlement - $8,000,000.00                                       Settlement - $5,000,000.00                                     a nursery doctor resulting in brain damage.                   Settlement for a construction worker when New York State
Settlement with the State of New York in the Court of            Settlement for a stagehand (employed by a Broadway mu-                                                                       failed to secure a concrete form at a construction site on
Claims for a victim who sustained brain damage while de-         sical) rendered quadriplegic in a fall from a 30 foot height   Settlement - $3,500,000.00                                    the Long Island Expressway that fell striking the plaintiff
scending a recreational tube slide on a slope negligently        while attempting to repair stage lights.                       Settlement for a motorist struck by a rental car causing      who was working at the site and sustained a herniated disc
designed by New York State.                                                                                                     neurological injuries.                                        which required surgery.
                                                                 Settlement - $4,800,000.00
Settlement - $6,500,000.00                                       Settlement for a construction worker killed when crushed       Settlement - $3,350,000.00                                    Settlement - $2,500,000.00
Settlement with a prescription drug manufacture that failed      by a falling machine while working in a water tunnel six       Settlement in a Medical Malpractice case where the OB-        Settlement for the operator of a van that was killed by a
to properly test its product prior to placing it on the market   hundred feet below ground.                                     GYN clinic failed to inform the mother that her child would   train at a railroad crossing that had an inadequate line of
resulting in an injury to an infant at birth.                                                                                   be born deformed thereby depriving her of the opportunity     sight.
                                                                 Settlement - $4,700,000.00                                     to have a legal abortion.
Settlement - $6,000,000.00                                       Settlement for a shopper who was struck by a box that fell                                                                   Settlement - $2,400,000.00
Settlement with a landlord for a child that was exposed to       off a high-low resulting in Reflex Sympathetic Dystrophy       Settlement - $3,200,000.00                                    Settlement for a victim who sustained a joint disease from
lead paint in an apartment. As a result of the lead paint        (RSD)                                                          Settlement for a victim who suffered brain damage follow-     a contaminated food supplement.
exposure the child sustained brain damage and was diag-                                                                         ing replacement of a heart valve.
nosed with autism.                                               Settlement - $4,600,000.00                                                                                                   Settlement - $2,400,000.00
                                                                 Settlement for an asthma victim given contraindicated          Settlement - $3,200,000.00                                    Settlement for a victim whose mammogram was
Settlement - $5,200,000.00                                       medicine resulting in brain damage.                            Settlement for a victim that was struck by a car and suf-     misread as negative causing a delayed breast cancer
Settlement for an infant who suffered brain damage when a                                                                       fered brain damage while awaiting treatment in the hospi-     diagnosis resulting in a more advanced stage of cancer.
gauze pad that was applied in her mouth during cleft pallet                                                                     tal’s emergency room.
surgery became lodged in her windpipe.
-Continued from p12                                      front end were damaged, and he argued                  his past and future pain and suffering.                  $57,000 Commercial: future cost of per-
                                                         that the photographs proved that the                                                                            sonal items (25 years)
brain and head, and he remains severely                  truck’s front end struck Falcone.                      Verdict Information: The jury found                      $100,000 Commercial: residential modi-
disabled.                                                                                                       that the defendants were entirely liable for             fications
   Falcone’s sister, Doreen Bergamo, acting              Injury:                                                the accident. It determined that Falcone’s               $5,438,000 Commercial: future pain and
as her brother’s guardian ad litem, sued                    Falcone sustained fractures of his face.            damages totaled $40,876,000.                             suffering (25 years)
the truck’s driver, Franklin Williams, and               He also sustained a traumatic injury                   Matthew V. Falcone, Jr.
the truck’s owner, Verizon New York Inc.                 that caused bleeding of his brain, and he              $250,000 Personal Injury: future cost of                 Post-Trial: Defense counsel has moved to
Bergamo alleged that Williams was neg-                   became comatose. He was placed in an                   medication (25 years)                                    set aside the verdict.
ligent in the operation of his vehicle. She              ambulance, and he was transported to a                 $30,000,000 Personal Injury: past pain
further alleged that Verizon New York was                hospital.                                              and suffering                                            Editor’s Comments This report is based
vicariously liable for Williams’ actions.                   Falcone’s coma lasted several weeks,                $20,000 Personal Injury: future cost of                  on information that was provided by
   Plaintiff’s counsel claimed that Williams             and his brain’s injury caused permanent                laboratory tests (25 years)                              plaintiff’s counsel. Defense counsel did not
sped through the uncontrolled intersec-                  paralysis of the left side of his body. His            $67,000 Personal Injury: future cost of                  respond to the reporter’s phone calls.
tion. He presented a witness who was                     right side remains weak, and he is confined            medical and therapeutic evaluation (25
driving on the opposite side of Stillwell                to a wheelchair. He also suffers residual              years)
Avenue. The witness claimed that Wil-                    impairment of his speech, diminishment                 $25,000 Personal Injury: future cost of                                           #5
liams did not intend to stop after he                    of his cognitive abilities, and incontinence           orthopedic and adaptive equipment (25
struck Falcone. The witness eventually                   of his bladder and bowel, and he requires              years)                                                   Worker claimed tractor’s dangers weren’t
drove across Williams’ path, and Williams                assistance of all of his grooming and                  $115,000 Personal Injury: future cost of                 disclosed
was forced to stop. Plaintiff’s counsel                  hygienic functions. Falcone resides in a               medical and therapeutic care (25 years)
argued that Williams was inattentive and                 rehabilitative facility, and plaintiff’s counsel       $272,000 Personal Injury: future cost of                 Verdict: (P) $40,190,417.20
unaware that he had struck Falcone.                      claimed that Falcone’s cognitive abilities             day care (11.5 years)                                    Case Type: Failure to Warn, Products
   Williams contended that Falcone merely                will diminish if he does not receive proper            $452,000 Wrongful Death: future cost of                  Liability - Automobiles
scraped one of the truck’s sides and side-               rehabilitation.                                        mobility/transportation (25 years)                       Case: Vito Saladino and Annmarie
view mirrors, and he claimed that Falcone                   Bergamo sought recovery of her broth-               $3,900,000 Wrongful Death: future cost                   Saladino v. Stewart & Stevenson Services,
initiated the contact. However, plaintiff’s              er’s past and future medical expenses, his             of supporting care (25 years)                            Inc., Stewart & Stevenson Technical Ser-
counsel presented photographs that dem-                  future expenses of daily living, the cost of           $180,000 Wrongful Death: future cost of
onstrated that the truck’s windshield and                modifying his residence, and damages for               housekeeper (25 years)                                                                    -Continued on p16



                                                                                    Construction Accident (cont.)
 CASE                                             DATE         COURT             TYPE OF ACTION                               PLAINTIFF'S COUNSEL                                                            AMOUNT
 Guallpa v. Key Fat Corp.                         10/19        Queens            Labor Law : Laborer broke ankle in fall      Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C.           $3,118,600
                                                               Supreme           from unsecured ladder
 Ma v. Bradmor LLC                                6/18         Queens            Labor Law : Worker's 20-foot fall caused     Peter K. Overzat, New York, NY of Morelli & Ratner                             $3,040,039
                                                               Supreme           spinal fracture
 Estate of Mielnik v. Demarest Mill Realty        3/22         Rockland          Labor Law : Worker died after fall through   Slawek W. Platta, New York, NY of Slawek W. Platta PLLC                        $3,000,000
                                                               Supreme           hole on building's second floor
 Iannaci v. 808 Columbus LLC                      8/5          New York          Labor Law : Worker blamed 15-foot fall       William Cafaro, New York, NY and Steven M. Pivovar, Nanuet, NY, trial          $3,000,000
                                                               Supreme           on unstable scaffold planks                  counsel to Jasper & Jasper
 Moran v. Fifth @ 42nd LLC                        9/1          Bronx             Labor Law : Worker hit by falling wood,      Stuart M. Rissoff, Garden City, NY                                             $3,000,000
                                                               Supreme           claimed injuries of spine, knees
 Lalvay v. MBC Contractors Inc.                   3/19         Rockland          Labor Law : Roofer suffered brain damage     John S. Park, Bronx, NY of Park & Nguyen                                       $2,750,000
                                                               Supreme           in fall from scaffold
 Dooling v. NTX Interiors Inc.                    2/24         New York          Labor Law : Electrician claimed shock led    Keith D. Silverstein and Clifford J. Stern, New York, NY of Silverstein &      $2,600,000
                                                               Supreme           to fall, spinal woes                         Stern, LLP
 Baran v. Clinton Green Condo, LLC                3/3          New York          Labor Law : Worn plywood stepping            Michael A. Rose, New York, NY of Hach & Rose, L.L.P.                           $2,500,000
                                                               Supreme           surface a hazard, worker claimed
 Jovicevic v. Structure Tone Inc.                 5/3          New York          Labor Law : Parties debated whether          Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC                          $2,500,000
                                                               Supreme           injured worker fell or jumped
 Zwitek v. New York City School Construction      2/4          Kings             Labor Law : Worker's 12-foot fall blamed     David H. Perecman, New York, NY of The Perecman Firm, PLLC                     $2,400,000
 Authority                                                     Supreme           on lack of safe equipment
 Lupo v. Pro Foods, LLC.                          8/2          New York          Labor Law : Mason fell into freshly poured   Adam M. Hurwitz and David H. Perecman, New York, NY of The Perec-              $2,367,296
                                                               Supreme           cement at job site                           man Firm, PLLC
 Ramphal v. 415 Greenwich Owner, LLC              1/21         New York          Labor Law : Worker's ankle and neck          Glenn K. Faegenburg, New York, NY of The Edelsteins, Faegenburg &              $2,300,000
                                                               Supreme           fractures blamed on shifty ladder            Brown, LLP
 Ankiah v. 459 West 18th Street, LLC              8/13         Kings             Labor Law : Modified hoist shaft caused      Nick Gjelaj and Daniel P. O'Toole, New York, NY of Block O'Toole &             $2,250,000
                                                               Supreme           deadly accident, suit alleged                Murphy LLP, trial counsel to Michael T. Ridge, Bronx, NY
 Drazek v. Pontiac Holding L.L.C.                 9/21          Rockland         Labor Law : Mason claimed lack of safety     Jason Krakower and Howard A. Raphaelson, New York, NY of Raphaelson            $2,250,000
                                                                Supreme          equipment resulted in fall                   & Levine Law Firm, P.C.
 Xhaferri v. NYC Partnership Housing Develop-     9/13          Bronx            Labor Law : Parties debated permanency       Ylber Albert Dauti, New York, NY of The Dauti Law Firm, P.C.                   $2,225,000
 ment Fund Co. Inc.                                             Supreme          of worker's spinal fracture
 Whelan v. International Plaza Associates, L.P.   7/20          New York         Labor Law : Carpenter struck by falling      Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole          $2,225,000
                                                                Supreme          door, caused spinal injuries                 & Murphy LLP
 Manning v. Tishman Construction                  6/18          New York         Labor Law : Worker fell off of building's    Joseph P. Carfora and Evan Sacks, New York, NY of Sacks & Sacks                $2,207,748
                                                                Supreme          edge, landed on co-worker

14 Verdicts Search’s Top NY Verdicts of 2010
                                                                             David B. Golomb



                                                               Areas of Concentration

                                                               • Construction accidents

                                                               • Workplace accidents

                                                               • Defective products

                                                               • Auto/motorcycle accidents

                                                               • Premises liability

                                                               • Medical malpractice



JAGHAB, JAGHAB & JAGHAB proudly congratulates DAviD B. GolomB and Roy R.
JAGHAB on their recent verdict in Savillo v. Greenpoint Landing LLC. The case resulted in a
verdict of $50,591,035.00, which ranks #3 of the Highest New York Verdicts of 2010 and #39 in The
Top 100 Verdicts in the United States for 2010. They also recently obtained a verdict in the amount
of $10,000,000.00 in Nunez v. Levy, et al. That case involved a 27-year-old immigrant demolition
worker whose leg was crushed and then amputated.


The firms are proud to announce that DAviD B. GolomB is now Trial Counsel to the firm, accepting
referrals on complex litigation and catastrophic injury cases. Please feel free to contact the firm
regarding any referrals.




               (888) THE-FIRM | (888) 843-3476
             176 Mineola Blvd. Mineola, NY 11501
-Continued from p14                                         Planning; Portsmouth, NH called by:               & Stevenson Services Inc.; and a subdivi-                the tractor’s hood opened toward the com-
                                                            Kevin McAndrew, William Poisson,                  sion of the parent, Stewart & Stevenson                  partment that housed the passengers. They
vices, Inc. and Stewart & Stevenson Tug,                    Nadia Chionchio, Jon Edelstein,                   Technical Services Inc. Saladino alleged                 contended that the vehicle’s manufacturer
No. 01-CV-7644                                              Jonathan Edelstein                                that the tractor was defectively designed,               was aware that the hood could have struck
Venue: U.S. District Court, Eastern                    •	   Alan Leiken Ph.D.; Economics;                     that the defect constituted a breach of the              an unprotected passenger. They claimed
District, NY                                                Stony Brook, NY called by: Kevin                  product’s warranty and that the defendants               that the hazard could have been elimi-
Judge: Sandra L. Townes                                     McAndrew, William Poisson, Nadia                  failed to provide a warning of the dangers               nated by the installation of hinges that
Date: 07-26-2010                                            Chionchio, Jon Edelstein, Jonathan                that could have resulted from the tractor’s              would have limited the hood’s movement.
                                                            Edelstein                                         use.                                                     They also claimed that the vehicle should
PLAINTIFF(S) Attorney:                                                                                           The defendants impleaded Saladino’s                   have been accompanied by warnings that
•	 Jonathan I. Edelstein; Law Office of                Facts:                                                 employer, American Airlines Inc. They                    explained that the hood could strike a
   Jonathan I. Edelstein, New York, NY,                   On Jan. 17, 1999, plaintiff Vito                    alleged that the airline failed to provide               passenger.
   of counsel to McAndrew Conboy &                     Saladino, 36, an airline’s clerk, was a                a warning of the dangers that could have                    Stewart & Stevenson Tug’s counsel
   Prisco, Woodbury, NY; New York,                     passenger of a “baggage tug” tractor that              resulted from the use of a tractor that was              contended that the tractor’s original design
   NY, for AnnMarie Saladino, Vito                     was being driven by a co-worker, Daniel                being repaired. They further alleged that                included two rubber latches that secured
   Saladino                                            Snow, who was traveling on a tarmac of                 the airline failed to provide a warning that             the sides of its hood. He contended that
•	 Nadia M. Chionchio , Kevin B.                       John F. Kennedy International Airport, in              disclosed that the jet’s engines were being              a third latch was added in 1990. They
   McAndrew and William J. Poisson;                    the Jamaica section of Queens. The men                 tested.                                                  claimed that the latches would have
   McAndrew Conboy & Prisco; Wood-                     passed a stationary American Airlines Inc.                Judge Sandra Townes dismissed the                     adequately secured the hood, but that
   bury, NY, for Vito Saladino, AnnMa-                 aircraft whose engines were being tested.              claim that alleged that the tractor was de-              the latches were damaged after American
   rie Saladino                                        The engines expelled “jet wash,” which                 fectively designed. She also dismissed the               Airlines had established exclusive control
                                                       is a turbulent wake of gases. The wake’s               claim that alleged that the tractor’s condi-             of the vehicle. They contended that the
Expert:                                                force dislodged the tractor’s hood, which              tion constituted a breach of the product’s               airline conducted monthly inspections of
•	 Adam Stein M.D.; Physical Medicine;                 struck Saladino’s head. Saladino sustained             warranty.                                                the vehicle, and they also contended that
    Great Neck, NY called by: Kevin                    a paralyzing injury.                                      Saladino’s counsel noted that the                     the airport’s operator, the Port Authority
    McAndrew, William Poisson, Nadia                      Saladino sued the model BT-345G                     tractor’s passengers were supposed to be                 of New York and New Jersey, performed
    Chionchio, Jon Edelstein, Jonathan                 tractor’s manufacturer, Marietta, Ga.-                 protected by a cab, but that the cab had                 yearly inspections of the vehicle.
    Edelstein                                          based Stewart & Stevenson Tug, LLC; the                been removed by workers who had been
•	 William Burke Ph.D.; Life Care                      company’s parent, Houston-based Stewart                repairing the vehicle. They also noted that                                               -Continued on p18


                                                                                 Construction Accident (cont.)
 CASE                                           DATE         COURT            TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                           AMOUNT
 Morales-Morillo v. Sunnyside Commons, LLC.     8/9          Bronx            Labor Law : Worker claimed 40-foot fall        Kenneth J. Halperin, New York, NY of Wingate, Russotti & Shapiro, L.L.P.      $2,200,000
                                                             Supreme          caused injuries of brain, spine
 Flores v. Love Lane Mews, LLC                  10/26        Queens           Labor Law : Laborer's fall in uncovered        Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole         $2,200,000
                                                             Supreme          hole caused injuries                           & Murphy LLP
 Ganiev v. E S M Construction Corp.             3/3          Kings            Labor Law : Carpenter hit by falling wood,     Frederick C. Aranki and Daniel P. O'Toole, New York, NY of Block              $2,150,000
                                                             Supreme          claimed brain, neck injuries                   O'Toole & Murphy, LLP
 Avella v. 7 World Trade Co., L.P.              9/16         New York Civil   Labor Law : Worker cut by plywood              Peter Ginsberg, Mineola, NY of Ginsberg & Bianco, LLP                         $2,150,000
                                                                              claimed disabling nerve damage
 Zaffarese v. 123 William Street LLC            11/18        New York         Labor Law : Unsecured ladder not fit for       Michael A. Rose, New York, NY of Hach & Rose, LLP                             $2,000,000
                                                             Supreme          job, worker claimed
 Kim v. State Street Hospitality, LLC.          11/9         Queens           Labor Law : Plaintiff was struck by falling    Edward V. Sapone and Paul H. Schietroma, New York, NY                         $1,922,215
                                                             Supreme          debris while working on ladder
 Castillo v. 62-25 30th Ave & Realty, LLC       10/20        Queens           Labor Law : Demo worker claimed fall           Mariangela Chiaravalloti, New York, NY of Friedman & Friedman                 $1,800,000
                                                             Supreme          caused permanent injuries
 Carson v. Scrufari Construction Co. Inc.       2/25         Niagara          Labor Law : Unstable scaffold caused fall,     John F. Maxwell, Buffalo, NY of Maxwell Murphy, LLC                           $1,750,000
                                                             Supreme          spinal injuries, carpenter alleged
 Williams v. NYC                                7/8          Bronx            Slip and Fall : Plaintiff allegedly demanded   Adam Levien, and Devon Reiff, New York, NY of Sacks & Sacks                   $1,750,000
                                                             Supreme          doctor certify him as disabled
 Valentin v. Kivo Realty, LLC                   6/29         Kings            Labor Law : Worker claimed fall from lad-      David Schuller, New York, NY of Edelman & Edelman, P.C.                       $1,735,000
                                                             Supreme          der caused shoulder, spine injuries
 Rydza v. Northeast Transit & William, LLC      3/4          Erie             Labor Law : Fall caused elbow, neck, shoul-    Catherine Beltz-Foley and Stephen R. Foley, Buffalo, NY of Paul William       $1,729,680
                                                             Supreme          der injuries, worker alleged                   Beltz, P.C.
 Santaella v. United Parcel Service Inc.        4/28         New York         Labor Law : Worker broke wrist, tore           Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C.          $1,669,259
                                                             Supreme          shoulder in fall from ladder
 Waltz v. Bethpage Energy Center 3, LLC         3/9          Suffolk          Labor Law : Work site's stairs marred by       James J. McCrorie, New York, NY of Fanning & McCrorie, P.C.                   $1,580,000
                                                             Supreme          dirt, debris, plaintiff alleged
 Ragghianti v. Manocherian                      4/9          New York         Fall from Height : Worker suffered spinal      Marc E. Freund and Thomas J. Moverman, New York, NY of Lipsig, Shapey,        $1,500,000
                                                             Supreme          injuries when scaffold collapsed               Manus & Moverman, P.C.
 Alagna v. P/C 89th Street LLC                  3/3          New York         Labor Law : Job site's makeshift walkway a     Mark L. Hankin, New York, NY of Hankin & Mazel, PLLC                          $1,500,000
                                                             Supreme          hazard, worker alleged
 Gregory v. Miller's Tool Rental & Sales Corp   6/17         Kings            Scaffolds and Ladders : Defendant claimed      Michael Barnett, New York, NY of Law Offices of Michael Barnett               $1,500,000
                                                             Supreme          owner familiar with scaffolds and should
                                                                              have inspected prior to use...

16 Verdicts Search’s Top NY Verdicts of 2010
-Continued from p16                                   powerful effects of jet wash. As such, they            “decubitus ulcers” or “pressure sores.”                  $5,000,000 Personal Injury: past pain and
                                                      argued that Saladino would not have been                  Saladino suffers total quadriplegia. He               suffering
   Stewart & Stevenson Tug’s counsel also             benefited by any warning that the tractor’s            requires the constant assistance of resi-                $4,908,108 Personal Injury: past medical
noted that the tractor’s cab was crushed              manufacturer could have provided.                      dential nurses and aides, and he cannot                  cost (stipulated)
during an accident that occurred in 1998.                Stewart & Stevenson Tug’s counsel also              perform any type of work.                                $18,000,000 Personal Injury: future medi-
They claimed that the vehicle was removed             contended that American Airlines failed to                The parties stipulated that Saladino’s                cal cost (24 years)
from service, that its license plates were re-        provide adequate warnings. They argued                 past medical expenses totaled $4,908,108.                $1,000,000 Personal Injury: future lost
moved and that it received the standard tag           that the airline’s employees did not receive           Saladino sought reimbursement of that                    earnings (14 years)
that is applied to vehicles that have been            a warning that disclosed the dangers that              amount, recovery of his future medical                   $10,000,000 Personal Injury: future pain
removed from service. They contended                  could have resulted from the use of a                  expenses, recovery of his past and future                and suffering (24 years)
that Saladino’s accident occurred before              tractor that was being repaired. They also             lost earnings, and recovery of damages for
the repairs could be completed.                       argued that the airline failed to disclose             his past and future pain and suffering. His              Post-Trial: Motions are pending.
   Stewart & Stevenson Tug’s counsel                  that the jet’s engines were being tested.              wife sought recovery of damages for her
further contended that Saladino and Snow                                                                     loss of consortium.                                      Editor’s Comments his report is based
were aware that the hood’s latches were               Injury:                                                                                                         on information that was provided by
damaged, that the vehicle’s fenders were                Saladino sustained fractures of his                  Verdict Information In November 2008,                    plaintiffs’ counsel and counsel of Stewart
missing and that the engine’s compartment             spine’s cervical region. The injuries caused           the jury found that the defendants were                  & Stevenson Services, Stewart & Steven-
was missing one of its protective panels.             compression and instability of the spine.              liable for the accident. American Airlines               son Technical Services, and Stewart &
They also contended that the men were                 He underwent surgeries that included a                 was assigned 70 percent of the liability,                Stevenson Tug. American Airlines’ counsel
aware that the hood was being secured by              corpectomy, which involved the removal of              and the remaining defendants were as-                    declined to contribute.
a strap, and they claimed that Saladino               his C5 vertebra; a hemi-corpectomy, which              signed a total of 30 percent of the liability.
warned that the hood could dislodge if                involved the removal of a portion of his               Another jury determined that the Saladi-                                          #6
Snow did not maintain a safe speed. They              C4 vertebra; microdiskectomies, which in-              nos’ damages totaled $40,190,417.20.
contended that Saladino was a trained,                volved the removal of intervertebral discs;            AnnMarie Saladino                                        Radiology practices accused benefits man-
knowledgeable user of the vehicle; that he            and decompression and fusion of a portion              $750,000 Personal Injury: loss of consor-                agers of antitrust
had previously operator tractors that were            of his spine’s cervical region. He also                tium
missing latches; that he was aware of the             underwent extensive rehabilitation, which              Vito Saladino                                            Verdict: (P) $35,101,797.00
danger that could have arisen from driving            was complicated by his development of                  $532,309 Personal Injury: past lost earn-
near a jet; and that he was aware of the              bedsores, which are alternately termed                 ings capability                                                                          -Continued on p20



                                                                                 Construction Accident (cont.)
 CASE                                          DATE         COURT             TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                           AMOUNT
 McCutchan v. Philip Ross Industries Inc.      4/29         Nassau Supreme    Labor Law : Parties debated whether lad-      Thomas S. Russo, Carle Place, NY of Edelman, Krasin & Jaye PLLC               $1,425,000
                                                                              der was suitable for dismantling job
 Perez v. 281 Broadway Holdings, LLC           3/2          New York          Labor Law : Worker's hand crushed by          Stephen J. Murphy & David L. Scher, New York, NY of Block O'Toole &           $1,350,000
                                                            Supreme           concrete plate                                Murphy, LLP
 Urena v. Ciampa Estates, LLC.                 2/11         Queens Su-        Labor Law : Parties debated presence of       Adam M. Orlow, Flushing, NY of The Orlow Firm                                 $1,250,000
                                                            preme             scaffold in worker's accident
 Nelson v. 90 Fifth Owner, LLC.                2/22         New York          Labor Law : Worker's 15-foot fall blamed      Kenneth J. Halperin, New York, NY of Wingate, Russotti & Shapiro, LLP         $1,200,000
                                                            Supreme           on unstable scaffold
 Uddin v. 98-100 Skillman Street Condominium   11/4         Kings Supreme     Labor Law : Worker's fall from ladder         William T. Bellard, Garden City, NY of Marshall & Bellard, Garden City, NY,   $1,200,000
 Inc                                                                          caused three fractures of spine               of counsel, John Chambers, PC, New York, NY
 Alford v. City of New York                    1/19         Kings Supreme     Labor Law : Modified saw caused facial        Sean P. Constable and Stephen J. Murphy, New York, NY of Block O'Toole        $1,150,000
                                                                              laceration, worker claimed                    & Murphy, L.L.P.
 Cuevas v. Elaine Kaufman Cultural Center      8/17         New York          Labor Law : Plaintiff claimed 20-foot fall    Gary Silverstein, New York, NY of Rosenberg, Minc, Falkoff & Wolff            $1,139,814
                                                            Supreme           ended construction career
 Wasek v. New York City Health & Hospital      1/13         New York          Labor Law : Drilling accident left worker     Daniel T. Leav, New York, NY of Leav & Steinberg, L.L.P.                      $1,100,000
                                                            Supreme           blind in one eye
 Parnell v. Mareddy                            3/24         Nassau Supreme    Labor Law : Worker sustained seven            Bruce Egert, Richmond Hill, NY of Law Offices of Bruce Egert                  $1,000,000
                                                                              fractures in 20-foot fall
 Hricus v. Aurora Contractors, Inc             5/17         Suffolk Supreme   Labor Law : Worker hurt by hand truck         Edmond C. Chakmakian, Hauppauge, NY of Law Offices of Edmond C.               $1,000,000
                                                                              claimed defect was ignored                    Chakmakian, P.C.
 Potter v. Jay E. Potter Co. Inc.              4/20         Wyoming           Labor Law : Worker catapulted off of          Richard P. Amico and K. John Wright, Rochester, NY of Cellino & Barnes,       $1,000,000
                                                            Supreme           forklift during unloading of truck            P.C.
 Alfaro v. 65 West 13th Acquisition LLC        2/5          Kings Supreme     Labor Law : Worker claimed job site's         Ronald J. Katter, New York, NY of Law Office of Ronald Katter;                $1,000,000
                                                                              unfinished stairs a hazard
 Frederick v. West 63 Empire Associates LLC    9/30         Kings Supreme     Labor Law : Worker loses finger to power      Rovin R. Rozario, Brooklyn, NY of Rozario & Associates, P.C.                  $1,000,000
                                                                              saw with no guard
 O'Brien v. Kubricky Construction              11/24        Saratoga Su-      Fall from Height : Defense: Quarryman         Michael C. Conway, Albany, NY of Harris, Conway & Donovan, PLLC               $911,179
                                                            preme             must've climbed ladder too quickly
 Ramirez v. Marine Estates LLC                 4/28         Queens Su-        Labor Law : Parties debated scaffold's link   Adam M. Orlow, Flushing, NY of The Orlow Firm                                 $900,000
                                                            preme             to worker's injuries
 Meng v. Forbes Homes Inc.                     1/12         Erie Supreme      Labor Law : Worker claimed arm remains        Catherine Beltz-Foley, Stephen R. Foley and Timothy Hudson, Buffalo, NY       $850,000
                                                                              numb, painful after fall at job site          of Paul William Beltz, P.C.


18 Verdicts Search’s Top NY Verdicts of 2010
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                                               makes David Perecman and his firm different? It’s our
            Past Treasurer and Secretary,      approach. From day one I look at a case thinking about
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                                               because I can’t settle it. I try cases because I have learned,
                                               over and over, that odds are I will get a far better result
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-Continued from p18                                        P.C. and Health Diagnostics LLC,                     LLC, Stand-Up MRI of Carle Place                     Diagnostics, also a plaintiff in the action.
                                                           Stand-Up MRI of Deer Park P.C. and                   P.C. and Health Diagnostics LLC,                        Between 2002 and 2008, Stand-Up MRI
Case Type: Business Law - Unfair Compe-                    Health Diagnostics LLC, Stand-Up                     Stand-Up MRI of Deer Park P.C. and                   on several occasions applied to join several
tition, Business Law - Tortious Interference               MRI of Lynbrook P.C. and Health                      Health Diagnostics LLC, Stand-Up                     insurance company physician networks that
with a Business Relationship                               Diagnostics LLC, Stand-Up MRI of                     MRI of Lynbrook P.C. and Health                      were managed by CareCore National, a
Case: Stand-Up MRI of the Bronx P.C.,                      Manhattan P.C. and Health Diagnos-                   Diagnostics LLC, Stand-Up MRI of                     benefit management company that handles
Stand-Up MRI of Brooklyn P.C., Stand-                      tics LLC, Stand-Up MRI of Queens                     Manhattan P.C. and Health Diagnos-                   reimbursements for some of the country’s
Up MRI of Carle Place P.C., Stand-Up                       P.C. and Health Diagnostics LLC,                     tics LLC, Stand-Up MRI of Queens                     largest health insurance providers. On each
MRI of Deer Park P.C., Stand-Up MRI of                     Stand-Up MRI of the Bronx P.C. and                   P.C. and Health Diagnostics LLC,                     occasion, Stand-Up MRI’s application was
Lynbrook P.C., Stand-Up MRI of Manhat-                     Health Diagnostics LLC                               Stand-Up MRI of the Bronx P.C. and                   rejected.
tan P.C., Stand-Up MRI of Queens P.C.                 •	   Matthew L. Cantor; Constantine                       Health Diagnostics LLC                                  Stand-Up MRI and Health Diagnostics
and Health Diagnostics LLC v. CareCore                     Cannon LLP; New York, NY, for                                                                             sued CareCore and several related corporate
National LLC, Carecore Management                          Stand-Up MRI of the Bronx P.C. and             Expert:                                                    entities, alleging tortious interference with
Services Inc., New York Medical Imaging                    Health Diagnostics LLC, Stand-Up               •	 Robert Maness Ph.D.; Antitrust (Eco-                    prospective business relations and viola-
IPA Inc., NYMI IPA-O LLC, NYMI-                            MRI of Brooklyn P.C. and Health                      nomics); College Station, TX called by:              tion of federal antitrust laws. The plaintiffs
IPA-MLLC, CCN-HI IPA LLC, CCN                              Diagnostics LLC, Stand-Up MRI of                     Matthew Cantor, Axel Bernabe, Gary                   claimed that CareCore, majority-owned by
IPA Inc. and CCN WNY, IPA Inc., No.                        Carle Place P.C. and Health Diagnos-                 Malone                                               a group of downstate New York radiologists
2:08-cv-02954-LDW-ETB                                      tics LLC, Stand-Up MRI of Deer Park               Francis Smith M.D.; Radiology called by:                and radiology practice groups, was attempt-
Venue: U.S. District Court, Eastern                        P.C. and Health Diagnostics LLC,               Matthew Cantor, Axel Bernabe, Gary Malone                  ing to harm its shareholders’ competition by
District, NY                                               Stand-Up MRI of Lynbrook P.C. and              Facts:                                                     ensuring that Stand-Up MRI was not affili-
Judge: Leonard D. Wexler                                   Health Diagnostics LLC, Stand-Up                  The plaintiffs are a group of radiology of-             ated with several of the New York City area’s
Date: 11-30-2010                                           MRI of Manhattan P.C. and Health               fices located throughout the New York City                 largest insurance reimbursements networks,
                                                           Diagnostics LLC, Stand-Up MRI of               area that provide upright magnetic resonance               and thus less likely to receive physicians’
PLAINTIFF(S) Attorney:                                     Queens P.C. and Health Diagnostics             imaging. Upright MRIs allow radiologists to                patient referrals.
•	 Axel A. Bernabe; Constantine Can-                       LLC, Health Diagnostics LLC                    capture images of patients while they are in                  The defense maintained that the denials of
   non LLP; New York, NY, for Health                  •	   Gary J. Malone; Constantine Can-               weight-bearing positions, as opposed to lying              Stand-Up MRI’s applications had been based
   Diagnostics LLC, Stand-Up MRI of                        non LLP; New York, NY, for Health              down. These plaintiffs, collectively known                 on a finding that CareCore’s networks had
   Brooklyn P.C. and Health Diagnostics                    Diagnostics LLC, Stand-Up MRI of               as Stand-Up MRI, are owned by radiologist
   LLC, Stand-Up MRI of Carle Place                        Brooklyn P.C. and Health Diagnostics           Stephen Hershowitz and managed by Health                                                 -Continued on p22


                                                                              Construction Accident (cont.)
 CASE                                          DATE         COURT          TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                            AMOUNT
 Harvey v. Dunn-Chatham Inc.                   5/6          Columbia       Labor Law : Carpenter hurt wrist, elbow       Mark D. Greenberg, Hudson, NY of Greenberg & Greenberg                         $850,000
                                                            Supreme        in fall from roof
 Martinovic v. 160/170 Varick Street Condo-    10/27        New York       Labor Law : Steamfitter claimed perma-        Kostantinos Mallas, Brooklyn, NY of Georgaklis & Mallas PLLC, Brooklyn,        $830,000
 minium                                                     Supreme        nent disability as a result of fall           NY, trial counsel to David Lee Esq., New York, NY
 Iacono v. Merciful Spring, LLC                7/13         Kings          Labor Law : Worker claimed construction       Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.                  $820,000
                                                            Supreme        site accident caused spinal woes
 Garcia v. Plaza 400 Owners, Corp.             7/23         New York       Labor Law : Sidewalk shed not safely          Michael E. Jaffe, New York, NY of Pazer, Epstein & Jaffe, P.C.                 $800,000
                                                            Supreme        constructed, worker alleged
 Fernandez v. Yorkshire Towers Company Suc-    7/21         Queens         Labor Law : Shaky plywood not enough to       Sean P. Constable and Stephen J. Murphy, New York, NY of Block O'Toole         $800,000
 cessor II, L.P.                                            Supreme        stop fall into shaft, worker alleged          & Murphy, LLP
 Ortiz v. Ferrarone                            12/17        Bronx          Labor Law : Worker fractured spine in         Luis F. Ras, White Plains, NY of Ras Associates, PPLC                          $800,000
                                                            Supreme        20-foot fall from ladder
 Prince v. 198-210 16th Street LLC.            9/23         Bronx          Labor Law : Suit's parties debated            Pablo A. Sosa, Bronx, NY of Law Office of William A. Gallina                   $750,000
                                                            Supreme        worker's need for protective eyewear
 Son v. Mittal Steel USA Inc.                  1/5          Queens         Labor Law : Worker claimed 20-foot fall       David N. Sloan, Hicksville, NY of Law Offices of David N. Sloan                $650,000
                                                            Supreme        caused spine, shoulder injuries
 Masullo v. 1199 Housing Corp.                 1/5          New York       Labor Law : Worker claimed no equip-          William Peterman, Bronx, NY of Corpina, Piergrossi, Klar & Peterman, LLP       $650,000
                                                            Supreme        ment provided for overhead work
 Roca v. Hunter Roberts Construction Group     4/8          New York       Labor Law : Scaffold not fit for painting     Edward J. Pavia, Jr., Staten Island, NY of Jonathan D'Agostino & Associates,   $550,000
                                                            Supreme        job, plaintiff alleged                        P.C.
 Rosario v. Pranzer, Inc                       8/26         Bronx          Labor Law : Employers didn't provide lad-     Carmine J. Goncalves, New York, NY of Lipsig, Shapey, Manus & Mover-           $525,000
                                                            Supreme        der for ceiling work, plaintiff claimed       man, P.C.
 Abrahamsen v. JMK Building Corp.              6/15         Orange         Labor Law : Worker fell through floor,        James Burke, Newburgh, NY of Larkin Axelrod Ingrassia & Tetenbaum,             $425,000
                                                            Supreme        alleged injury of shoulder                    LLP & Patrick T. Burke, Newburgh, NY, trial counsel
 Rivera v. 800 Alabama Ave., LLC.              4/9          Kings          Labor Law : Carpenter: Ladder accident        Lee M. Huttner, New York, NY of Law Office of Lee M. Huttner                   $225,000
                                                            Supreme        caused permanent hand injury
 O'Leary v. Hansen                             9/28         Rockland       Labor Law : Carpenter broke wrist in fall     Robert J. Bellinson, New York, NY of trial counsel, Wingate, Russotti &        $215,000
                                                            Supreme        off of roof                                   Shapiro, LLP
 Talbot v. Angarano                            6/23         Onondaga       Labor Law : Worker sustained multiple         Jan M. Smolak, Auburn, NY of Michaels & Smolak                                 $75,000
                                                            Supreme        fractures of foot after 15-foot fall
 Once v. Service Center of New York            7/20         New York       Labor Law : Defense: Plaintiff to blame for   Dennis Breen, New York, NY of Law Office of Samuel J. Lurie                    $73,200
                                                            Supreme        injury caused by defective saw



20 Verdicts Search’s Top NY Verdicts of 2010
-Continued from p20                                    tive conspiracy.                                      $1 Commercial: Tortious Interference Damages                                    #7
                                                          The plaintiffs’ antitrust expert estimated                                     .C.
                                                                                                             Stand-Up MRI of Lynbrook P and Health
not been in need of additional imaging facili-         that the defendants’ allegedly anti-compet-           Diagnostics LLC                                          Medical Malpractice - Surgeon overlooked
ties in the affected geographical areas. The           itive conduct had cost the plaintiffs at least        $1,058,284 Commercial: Antitrust Damages                 damaged colon, patient alleged
defense further argued that at least one client        $9.4 million, and as much as $20 million.             $1 Commercial: Tortious Interference Damages
regarded Stand-Up MRI’s imaging technol-                                                                                                   .C.
                                                                                                             Stand-Up MRI of Manhattan P and Health                   Verdict: (P) $20,000,000.00
ogy to be experimental.                                Verdict Information: The jury concluded               Diagnostics LLC                                          Case Type: Surgical Error, Medical
   Defense counsel called an expert radi-              that the defendants had entered into a conspir-       $1,261,593 Commercial: Antitrust Damages                 Malpractice - Failure to Detect, Medical
ologist, who testified that lie-down MRIs              acy that involved actions in restraint of trade,      $1 Commercial: Tortious Interference Damages             Malpractice - Failure to Refer, Medical
comprise the current standard of care in the           and that their conduct resulted in economic                                     .C.
                                                                                                             Stand-Up MRI of Queens P and Health                      Malpractice - Post-Operative Care
United States, and that upright MRIs do not            injury to the plaintiffs and tortious interfer-       Diagnostics LLC                                          Case: Edgar Gonzalez v. Carl Guillaume
offer any substantial benefits compared to             ence with their prospective business relations.       $1,643,005 Commercial: Antitrust Damages                 M.D. and St. Barnabas Hospial, No.
lie-down MRIs.                                         The jury awarded $11.7 million to the various         $1 Commercial: Tortious Interference Damages             14519/05
   The plaintiffs’ radiology expert testified          Stand-Up MRI entities on their antitrust claim,                                   .C.
                                                                                                             Stand-Up MRI of the Bronx P and Health                   Venue: Bronx Supreme, NY
that upright MRIs have unique diagnostic               and $1 for each of those entities on their tor-       Diagnostics LLC                                          Judge: Edgar G. Walker
capabilities that are particularly helpful to          tious interference claim. Under federal law, the      $3,193,860 Commercial: Antitrust Damages                 Date: 07-23-2010
certain classes of patients, such as those with        antitrust award is automatically trebled for a        $1 Commercial: Tortious Interference Damages
a curvature of the spine.                              total of $35,101,797                                                                                           PLAINTIFF(S) Attorney:
                                                                                       .C.
                                                       Stand-Up MRI of Brooklyn P and Health                 Post-Trial: TDefense counsel have filed a                •	 Sam Rosmarin; White Plains, NY, of
Injury:                                                Diagnostics LLC                                       motion seeking judgment as a matter of law or,              counsel, Friedman, Levy, Goldfarb &
   Both sides called to the stand at trial expert      $2,697,983 Commercial: Antitrust Damages              in the alternative, a new trial. Plaintiffs’ counsel        Green, P.C., New York, NY; White
economists who specialize in antitrust analy-          $1 Commercial: Tortious Interference Damages          have filed a motion for injunctive relief and will          Plains, NY, for Edgar Gonzalez
sis. The two experts gave opposing opinions                                              .C.
                                                       Stand-Up MRI of Carle Place P and Health              be seeking costs and attorney fees -- mandatory
on whether the defendants: had a sufficiently          Diagnostics LLC                                       under federal antitrust law -- that are thought to       Expert:
substantial market power to have engaged in            $796,709 Commercial: Antitrust Damages                total between $4 million and $5 million.                 •	 William Bisordi M.D.; Gastroenterol-
an anti-competitive conspiracy that violated           $1 Commercial: Tortious Interference Damages                                                                       ogy; Larchmont, NY called by: Sam
federal law, had engaged in anti-competitive                                            .C.
                                                       Stand-Up MRI of Deer Park P and Health                Editor’s Comments - This report is based on                  Rosmarin
conduct that caused the plaintiffs harm, or            Diagnostics LLC                                       court documents and on information that was
had any reason to engage in an anti-competi-           $1,049,165 Commercial: Antitrust Damages              provided by plaintiffs’ and defense counsel.                                           -Continued on p24



                                                                                         Consumer Protection
 CASE                                           DATE         COURT              TYPE OF ACTION                              PLAINTIFF'S COUNSEL                                                        AMOUNT
 Newman v. Audi of America                      12/13        Office of the      Lemon Law : Convertible's owner claimed     Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.             $54,015
                                                             Attorney General   electrical top wouldn't close


 Long v. General Motors Corp.                   6/1          Matter not filed   Lemon Law : New car's steering irrepara-    Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.             $41,000
                                                                                bly broken, owner claimed



 McCrea v. Ford Motor Co.                       8/16         Matter not filed   Lemon Law : New pickup truck's engine a     Anthony T. Ballato, Massapequa, NY of Anthony T. Ballato, Esq.             $40,708
                                                                                dud, purchaser claimed




                                                                                                Employment
 CASE                                           DATE         COURT              TYPE OF ACTION                              PLAINTIFF'S COUNSEL                                                        AMOUNT
 Velez v. Novartis Corp.                        5/19         U.S. District      Gender Discrimination : Drugmaker's fe-     Sharon Eubanks, Katherine M. Kimpel, Katherine Leong, Felicia M. Medina    $253,367,250
                                                             Court, Southern    male workers claimed disparate treatment    and David W. Sanford, Washington, DC office and Steven L. Wittels, NYC
                                                             District                                                       office of Sanford Wittels & Heisler, LLP


 Alfaro v. Vardaris Tech Inc.                   5/14         New York           Wages and Hours : Construction firm         Lloyd R. Ambinder, New York, NY of Virginia & Ambinder, LLP; Saul D.       $3,742,168
                                                             Supreme            underpaid workers, class alleged            Zabell, Bohemia, NY of Zabell & Associates, P.C.

 Mendez v. Starwood Hotels & Resorts            3/10         Southern           Discrimination: Worker claimed employer     Ariel Graff and Ken Thompson, New York, NY of Thompson Wigdor &            $3,000,000
 Worldide, Inc.                                              District           installed spying camera                     Gilly LLP
 Egbe v. Maggio                                 9/30         Richmond           Hostile Work Environment : Pltf: deft's     Chidi Eze, Brooklyn, NY of Chidi Eze & Associates                          $2,300,000
                                                             Supreme            sexual harassment, robbery claims were
                                                                                false
 Castagna v. Madison Square Garden, L.P.        12/16        U.S. District      Wages and Hours : Arena's security          David Harrison and Robert A. Meister, New York, NY of Pedowitz &           $1,300,000
                                                             Court, Southern    guards claimed they weren't paid for        Meister, LLP
                                                             District           overtime
 Kriss v. Schenectady City School District      11/12        U.S. District      Sexual Harassment : Custodian blamed        Elena DeFio Kean and James T. Towne, Jr., Albany, NY of Towne, Ryan &      $250,000
                                                             Court, Northern    anxiety disorder on boss's harassment       Partners, P.C.
                                                             District

22 Verdicts Search’s Top NY Verdicts of 2010
                                                                                                          Lawyers With An Edge®

Senior partners, Richard Gurfein and Preston Douglas, have been representing catastrophically injured plaintiffs in complex personal injury lawsuits for 40 years.
They are frequent lecturers on trial practice, medical malpractice and law office/trial technology.

Mr. Gurfein, holds a bachelors degree in electrical engineering and Mr. Douglas holds a bachelors degree in biology. Gurfein was the president of the New York State
Trial Lawyers Association and continues to assist the Court system with work on committees and lectures to the judiciary.

Douglas is the Editor-in-Chief of the New York State Trial Lawyers Institute’s Litigation Review, which is the successor to the Trial Lawyers Quarterly where he was
also an editor.

Their practice is limited to catastrophically injured plaintiffs. More than half of the cases Gurfein Douglas LLP handle are referred to them by other lawyers. Their
trial and appellate record is the reason so many lawyers trust their clients to Gurfein Douglas LLP.

 Our Cases

 Medical Malpractice - Failure to diagnose
 $7,400,000.00 settlement on behalf of a 60 year old woman who became paralyzed in both legs and one arm after her doctors failed to diagnose an infection in her spine.

 Auto Accident – Pedestrian
 $900,000 settlement for a 54 year old doorman who was struck by a police car as he crossed Second Ave in a heavy rain storm.

 Product Liability - Work Place Accident
 $3,100,000 judgment recovered by a 27 year old maintenance worker who used an unsafe lift machine to go up 12 feet from the floor

 Medical Malpractice - Failure to treat
 $5,750,000 verdict on behalf of a 20 year old woman who was discharged from the hospital after giving birth to her second son, even though she had a very aggressive
 infection in her uterus and abdomen.

 Product Liability - Automobile Accident
 $2,000,000 settlement structured for a 6 month old who sustained a brain injury in an automobile accident because the car didn’t stand up to the accident properly.

 Automobiles are supposed to be designed to not only protect the occupants from injury from the crash, but also to protect them from the second impact (the impact with
 the interior of the vehicle). In this case, a compact car was struck in the rear by a mid sized truck. At the moment of impact, the driver’s seat back collapsed rearward and
 formed a ramp. The driver’s seat belt failed to hold the driver in the seat, and she slid backward up the ramp. Her head went over the top of the seat back and hit her 6 month
 old baby who was secured in a proper child seat in the back.

 The manufacturer was found to have violated the National Transportation Safety Act by providing an unsafe seat belt that failed to hold the occupant in the seat under crash
 conditions as required. The trial on liability lasted 6 weeks in the United States District Court for the Southern District of New York. The case settled the morning the damages
 trial was about to commence. The child’s lifetime care will be covered by the structured settlement.

 Auto Accident
 $1,000,000 settlement after a trial on liability for a 35 year old plasterer who was a passenger in the back seat of a Town Car limo.

                         Gurfein Douglas LLP, Lawyers With An Edge® | 11 Park Place | New York, NY 10007 | Voice: (212) 406-1600 | Fax: (212) 406-4779
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-Continued from p22                                     were a result of Guillaume’s failure to properly         that emanated from one of his heart’s valves.            tion: Damages could not exceed $850,000,
                                                        insufflate the colon.                                                                                             but they had to equal or exceed $450,000.
•	    Jian Shou M.D.; Surgery; New York,                   Gonzalez sued Guillaume and St. Barnabas              Injury:
      NY called by: Sam Rosmarin                        Hospital. Gonzalez alleged that Guillaume                   Gonzalez suffered perforations of his co-             Verdict Information: The jury found that
                                                        failed to properly perform the colonoscopy,              lon. The perforations caused peritonitis. He             Guillaume departed from an accepted
Insurer:                                                that the failure constituted malpractice and             initially underwent surgery that included a              standard of medical care. It determined that
•	 Medical Liability Mutual Insurance                   that the hospital was vicariously liable for             hemicolectomy, which involved the removal                Gonzalez’s damages totaled $20 million,
    Co. for Guillaume                                   Guillaume’s actions.                                     of a portion of his colon, and the creation of           but Gonzalez’s recovery was reduced to the
                                                           Gonzalez’s counsel ultimately discontinued            an ileostomy, in which his small intestine’s             high/low stipulation’s maximum amount:
Facts:                                                  the claim against the hospital. The matter               distal end was redirected through his abdo-              $850,000.
   On April 29, 2004, plaintiff Edgar                   proceeded to a trial against Guillaume.                  men. The ileostomy was reversed during a                 Edgar Gonzalez
Gonzalez, a 43-year-old unemployed man,                    Gonzalez’s counsel claimed that Gonzalez’s            subsequent surgery, but another surgery was              $5,000,000 Personal Injury: Past Pain And
underwent a colonoscopy. The procedure was              perforations were a result of excessive insuf-           necessitated when Gonzalez developed two                 Suffering
performed by a gastroenterologist, Dr. Carl             flation of his colon. He further claimed that            residual incisional hernias.                             $15,000,000 Personal Injury: Future Pain
Guillaume, at St. Barnabas Hospital, in the             the perforations should have been detected                  Gonzalez’s surgeries led to his develop-              And Suffering
Bronx. Gonzalez was discharged after five               and repaired before the colonoscopy was                  ment of adhesions, and he claimed that the
hours of observation.                                   completed. Alternatively, he claimed that the            adhesions will cause lifelong discomfort and             Editor’s Comments This report is based
   After several hours had passed, Gonzalez             perforations could have been detected during             problems. He also suffers residual weakness              on information that was provided by
returned to the hospital. He reported that              the immediate wake of the procedure. He                  of the wall of his abdomen, and he con-                  plaintiff’s counsel and Guillaume’s counsel.
he was suffering pain that stemmed from his             contended that Gonzalez reported that his                tended that surgeries are a likely result of             St. Barnabas Hospital’s counsel was not
abdomen. Doctors discovered perforations of             abdomen had become painful, but that Guil-               that condition. He has to undergo surgical               asked to contribute.
his colon, and the condition led to perito-             laume failed to appreciate that the pain could           repair of another residual hernia, and he re-
nitis. Surgery was necessary, but it had to be          have been signaling a complication of the                tains residual disfigurement of his abdomen.                                        #8
delayed until Gonzalez emerged from the                 surgery. He argued that Gonzalez should have             Gonzalez further claimed that he suffers a
effects of anticoagulant medication that had            been referred to a surgeon.                              residual alteration of his bowel’s function.             Policeman drove over fleeing suspect, suit
been prescribed after a prior procedure that               Defense counsel contended that Gonzalez                  Gonzalez sought recovery of a total of                alleged
addressed one of his heart’s valves. Gonzalez           developed three 1-millimeter-wide holes of               $1.75 million for his past and future pain
ultimately underwent three additional surger-           his colon, and he claimed that the holes were            and suffering.
ies. He claimed that his colon’s perforations           a result of ischemia that was caused by emboli              The parties negotiated a high/low stipula-                                            -Continued on p26



                                                                                             Employment (cont.)
 CASE                                            DATE          COURT             TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                        AMOUNT
 Puglisi v. County of Erie                       4/28          Erie Supreme      Sexual Harassment : Plaintiff claimed co-        Andrew P. Fleming, Hamburg, NY of Chiacchia & Fleming                      $150,000
                                                                                 worker bit and harassed her
 Bogota v. University Club                       11/17         New York          Sexual Harassment : Boss, female employ-         Joshua Friedman, Larchmont, NY of Law Offices of Joshua Friedman           $75,000
                                                               Supreme           ees disputed nature of physical contact
 Estate of Steinmetz v. Attentive Care Inc.      10/18         Suffolk Supreme   Employee Benefits : Boss broke promise           Ralph A. Hummel, Woodbury, NY                                              $56,967
                                                                                 to pay for unused vacation time, suit
                                                                                 alleged


                                                                                               First Amendment
 CASE                                            DATE          COURT             TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                        AMOUNT
 Kern v. Layne                                   5/17          U.S. District     Freedom of Speech : Home inspector mo- Michael H. Sussman and Christopher D. Watkins, Goshen, NY of Law                     $200,000
                                                               Court, Southern   tivated by retaliation, homeowners alleged Offices of Michael H. Sussman
                                                               District


                                                                                                         Fraud
 CASE                                            DATE          COURT             TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                        AMOUNT
 Barrett v. Freifeld                             3/4           Nassau Supreme    Misrepresentation : No fraud in not dis-         Michael A. Schoenberg and James M. Wicks, Uniondale, NY of Farrell Fritz, $1,476,000
                                                                                 closing FBI raid, business's seller claimed      P.C.
 Joseph v. Johnson                               7/23          Bronx Supreme     Real Estate : Woman claimed she was              Geofrey Liu, New York, NY of Joelson & Rochkind, Esqs.                     $330,000
                                                                                 tricked into deeding home
 Regan v. Altman                                 3/5           Erie Supreme      Real Estate : Home's sellers, realtor didn't     James I. Myers, Williamsville, NY of Myers Quinn & Schwartz, LLP           $282,000
                                                                                 disclose sinking foundation


                                                                                                   Government
 CASE                                            DATE          COURT             TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                        AMOUNT
 Hartman v. County of Nassau                     2/22          U.S. District     Excessive Force : Policeman drove over           Daniel J. Hansen, New York, NY; Harvey Weitz, New York, NY of Weitz &      $19,604,000
                                                               Court, Eastern    fleeing suspect, suit alleged                    Associates, P.C., New York, NY, trial counsel, Daniel J. Hansen
                                                               District
 Bell v. City of New York                        7/27          U.S. District     Excessive Force : Police bias alleged in fatal   Scott E. Rynecki, Brooklyn, NY of Rubenstein & Rynecki Attorneys at Law    $7,150,000
                                                               Court, Eastern    shooting at nightclub
                                                               District

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-Continued from p24                                           Daniel J. Hansen; New York, NY, for                 officers believed that he had been harassing his        intentionally struck him. Hartmann’s counsel
                                                              Thomas Hartmann                                     estranged wife. A chase ensued after Hart-              argued that Snelders was guided by evil intent,
Verdict: (P) $19,604,000.00                                                                                       mann had briefly exited and re-entered his              and he further argued that Snelders exhibited
Case Type: Excessive Force, Government                    Expert:                                                 vehicle. Hartmann ultimately abandoned his              a callous disregard of Hartmann’s rights.
- Police, Civil Rights - 42 USC 1983,                     •	 Joseph D’Angelo M.D.; Orthopedic                     vehicle, and he began to run. He was struck                Snelders contended that he believed that
Fourth Amendment, Constitutional Law -                        Surgery; Brooklyn, NY called by:                    by a vehicle that was being driven by officer           Hartmann was armed. He claimed that
Fourteenth Amendment, Civil Rights - Po-                      Harvey Weitz, Daniel Hansen, Har-                   Karl Snelders. Hartmann sustained injuries of           Hartmann exited his vehicle, reached toward
lice as Defendant, Government - Counties                      vey Weitz                                           his legs.                                               his waistband, threatened to shoot one officer,
Case: Thomas Hartman v. The County                        •	 Alan Leiken Ph.D.; Economics; East                      Hartmann sued Snelders, several other                re-entered his vehicle and began to drive.
of Nassau, Nassau County Police Depart-                       Setauket, NY called by: Daniel Han-                 officers who were alleged to have been present          Snelders claimed that Hartmann subsequently
ment, Police Officer Karl N. Snelders,                        sen, Harvey Weitz                                   when the accident occurred, and the officers’           abandoned his vehicle, reached toward his
Police Officer Michael Knatz, Deputy                      •	 Aric Hausknecht M.D.; Neurology;                     employers, Nassau County and the Nassau                 waistband and turned toward the pursuing
Inspector Robert Turk, Lieutenant Thomas                      New York, NY called by: Daniel Han-                 County Police Department. Hartmann al-                  officers. Snelders acknowledged that a weapon
Zamojcin, Police Officer “John” Smith,                        sen, Harvey Weitz                                   leged that the officers’ actions were excessively       was not recovered, but he contended that
Police Officer “John” Brady, Detective Bar-               •	 Richard Schuster Ph.D.; Vocational                   forceful; that the officers violated the Fourth         Hartmann’s actions suggested that he had a
ry O. Franklin, Police Officer Thomas O.                      Rehabilitation; New York, NY called                 Amendment, the 14th Amendment and 42                    gun. He claimed that he did not intend to
McCaffrey and “John and Jane Does 1-15”                       by: Harvey Weitz, Daniel Hansen,                    U.S.C. 1983; and that Nassau County and                 drive over Hartmann--he contended that he
representing as yet unknown and unidenti-                     Harvey Weitz                                        the Nassau County Police Department were                merely intended to bump Hartmann. He also
fied police officers, No. CV 04 1784                      •	 Timothy Sheenan; Law Enforcement;                    vicariously liable for the officers’ actions.           claimed that Hartmann was struck while he
Venue: U.S. District Court, Eastern Dis-                      Woodbury, NJ called by: Harvey                         Hartmann’s counsel ultimately discontin-             was running on the street.
trict, NY                                                     Weitz, Daniel Hansen, Harvey Weitz                  ued the claims against most of the defen-                  Snelders further claimed that his actions
Judge: Cheryl L. Pollak                                                                                           dants. The matter proceeded to a trial against          were also motivated by a fear that Hartmann
Date: 02-22-2010                                          Facts:                                                  Snelders.                                               intended to murder his wife and her mother.
                                                             On March 12, 2004, plaintiff Thomas                     Hartmann claimed that he was struck while
PLAINTIFF(S) Attorney:                                    Hartmann, 35, a union-employed construc-                he was running on a sidewalk. He contended              Injury:
•	 Daniel J. Hansen; New York, NY, for                    tion worker, was driving in Oceanside. As he            that Snelders intentionally mounted the                   Hartmann sustained crushing injuries of
   Thomas Hartmann                                        approached 454 Allen Ave., he was confronted            sidewalk, and he also contended that he was             his legs. He was placed in a helicopter, and
•	 PHarvey Weitz; Weitz & Associates,                     by officers of the Nassau County Police                 struck by front and rear wheels of Snelders’
   P.C., New York, NY, trial counsel,                     Department. Hartmann was aware that the                 vehicle. Thus, he claimed that Snelders                                               -Continued on p28



                                                                                              Government (cont.)
 CASE                                              DATE         COURT             TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                        AMOUNT
 Walters v. City of New York                       2/3          New York          Firefighter : Firefighters claimed injuries   James J. McCrorie, New York, NY of Law Office of James J. McCrorie; Ma-    $6,340,000
                                                                Supreme           after being struck by taxicab                 ria Gagasoules, New York, NY of Sanocki Newman & Turret, LLP; Marie
                                                                                                                                Ng, New York, NY of Sullivan Papain Block McGrath & Cannavo P.C.
 Toussaint v. City of New York                     12/7         Kings Supreme     Excessive Force : Youth claimed policeman     Seth A. Harris, New York, NY of Burns & Harris                             $2,200,000
                                                                                  broke his leg during rough arrest
 Pacheco v. City of New York                       9/23         Bronx Supreme     Excessive Force : Policeman used Taser to     Seth A. Harris and Alison Keenan, New York, NY of Burns & Harris           $2,042,499
                                                                                  stop seizure, plaintiff claimed
 Hollingsworth v. City of New York                 2/9          Kings Supreme     Police : Truant teen sexually assaulted by    Seth A. Harris, New York, NY of Burns & Harris; Alison R. Keenan, New      $915,000
                                                                                  police officer                                York, NY of Burns & Harris
 Quiller v. City of Yonkers                        9/22         U.S. District     Excessive Force : Arrestee sustained 17       Anthony C. Ofodile and Fathia Zouiyen, Brooklyn, NY of Ofodile & As-       $700,000
                                                                Court, Southern   fractures at hands of police                  sociates, P.C.
                                                                District
 Caraballo v. City of New York                     1/11         Kings Supreme     Police : Plaintiff's car crash blamed on      Christopher D. Galiardo, New York, NY of Myers & Galiardo LLP              $300,000
                                                                                  unmarked police vehicle
 LoVetro v. City of Rochester New York             6/4          Monroe            Emergency Response : Man's trauma             Scott Mooney, Rochester, NY of Boylan, Brown, Code, Fowler, Vigdor &       $36,500
                                                                Supreme           blamed on city's late response to mob         Wilson
                                                                                  scene


                                                                                                       Insurance
 CASE                                              DATE         COURT             TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                        AMOUNT
 Gubbins v. Allstate Indemnity Co.                 4/21         Nassau Supreme    Coverage : Homeowners claimed insurer's       Johnathan C. Lerner, New York, NY of Abraham, Lerner & Arnold, LLP         $245,742
                                                                                  error cost them after fire
 Grim v. Liberty Mutual Insurance Co               8/2          Monroe            Denial of Claim : Homeowners challenged       Eric D. Handelman, Rochester, NY of Handelman Witkowicz & Levitsky         $12,980
                                                                Supreme           insurer's refusal to replace roof
 Cassidy v. Allstate Insurance Co.                 6/17         Kings Supreme     Denial of Claim : Plaintiff alleged insurer   Joseph H. Dirks, Brooklyn, NY of Joseph H. Dirks, P.C.                     $12,500
                                                                                  wrongly denied theft claim


                                                                                             Intellectual Property
 CASE                                              DATE         COURT             TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                        AMOUNT
 Want Ad Digest Inc. v. Display Advertising Inc.   7/27         U.S. District     Copyrights : Advertising newsletter duped     Salvatore D. Ferlazzo and Robert F. Manfredo, Albany, NY of Girvin &       $6,020,250
                                                                Court, Northern   competitor's ads                              Ferlazzo, P.C.
                                                                District

26 Verdicts Search’s Top NY Verdicts of 2010
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-Continued from p26                                      mann experienced a good recovery. They                                                                              Within the Office of the District Attor-
                                                         claimed that Hartmann can obtain work                     Editor’s Comments This report is based on                 neys, County of Bronx; Detective Joanne
he was transported to Nassau University Medi-            that will provide income that will exceed the             court documents and information that was                  Newbert, Detective Phillip Galligan,
cal Center, in East Meadow. He underwent 12              income that he earned prior to the accident.              provided by plaintiff’s and defense counsel.              Detective [John Doe] Hartfield, Detective
surgeries, which included the implantation of a                                                                                                                              [John Doe] Ryan, Detective [John Doe]
fixation rod that stabilized his left leg. However,      Verdict Information: The jury found that                                                                            Harris, Police Officer Douglas Leho, Police
his right leg could not be saved. It was ampu-           Snelders was excessively forceful. It also found                                                                    Officer William Sean O’Toole, Lieuten-
tated above the knee, and a prosthetic device            that Snelders was guided by evil intent and an                                   #9                                 ant Michael Sheehan, Sergeant Patrick
was provided.                                            evil motive, and it further found that Snelders                                                                     J. McGuire, Police Officer [John Doe]
   Hartmann undergoes physical therapy, but              exhibited a callous disregard for Hartmann’s              Loss of evidence led to 22-year imprison-                 Haskins, Police Officer [Jane Doe] Kiely,
he claimed that his condition will not improve.          rights. It determined that Hartmann’s damages             ment, suit alleged                                        Inspector Jack J. Trabitz and Various John/
He also claimed that he will have to undergo             totaled $19,604,000.                                                                                                Jane Does, Individually and in Their Of-
removal of a bony spur that occupies the re-             Thomas Hartmann                                           Mixed Verdict: $18,592,000.00                             ficial Capacities as Employees of the City
maining portion of his right leg, and he further         $1,000,000 Personal Injury: Past Medical Cost             Case Type: Intentional Torts - Wrongful                   of New York Who Are/Were Members of
claimed that his right leg’s stump may have to           $3,000,000 Personal Injury: Punitive Exem-                Incarceration, Intentional Torts - Inten-                 the Police Department of the City of New
be revised. He contended that his prosthetic de-         plary Damages                                             tional Infliction of Emotional Distress,                  York, No. 1:07-cv-06211-SAS
vice strains his back and groin, and he claimed          $2,000,000 Personal Injury: Past Pain And                 Government - Police, Prisoners - Prisoner                 Venue: U.S. District Court, Southern
that he cannot tolerate more than a few hours            Suffering                                                 Suit, Government - Municipalities, First                  District, NY
of continuous attachment of the device.                  $1,100,000 Personal Injury: future medical cost           Amendment , Constitutional Law - Four-                    Judge: Shira A. Scheindlin
   Hartmann also claimed that he cannot                  (37 years)                                                teenth Amendment, Civil Rights - 42                       Date: 10-19-2010
resume physical labor. He contended that he              $704,000 Personal Injury: past loss of earnings           USC 1983
performs part-time clerical work that provides           and benefits                                              Case: Alan Newton v. The City of New                      PLAINTIFF(S) Attorney:
annual earnings of about $7,000.                         $7,800,000 Personal Injury: future loss of earn-          York; District Attorneys Mario Merola                     •	 John F. Schutty III; New York, NY,
   Hartmann sought recovery of his past and              ings and benefits (21 years)                              and Robert T. Johnson, Individually, and                      for Alan Newton
future medical expenses, his past and future             $4,000,000 Personal Injury: future pain and               in Their Official Capacity; Andrea Freund                 Expert:
lost earnings and benefits, damages for his past         suffering (37 years)                                      and Various John/Jane Does, Individu-                     •	 Shannon Turner; Physical Evidence;
and future pain and suffering, and punitive                                                                        ally and in Their Official Capacities as                      Seattle, WA called by: John Schutty III
damages.                                                 Post-Trial: The parties negotiated a settle-              Employees of the City of New York Who
   Defense counsel contended that Hart-                  ment. Terms were not disclosed.                           Are/Were Assistant District Attorneys                                                        -Continued on p30



                                                                                                  Intentional Torts
 CASE                                             DATE         COURT              TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                               AMOUNT
 Hughes v. Seymore                                8/6          Suffolk            Assault and Battery : Woman sued ex            Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP                             $1,500,000
                                                               Supreme            after being slashed in knife attack
 Brown v. City N.Y.                               7/16         Bronx              Assault and Battery : Police too rough in      Carol L. Schlitt, Huntington, NY of Carol L. Schlitt, Esq.; Melvin Dubinsky,      $550,000
                                                               Supreme            arrest after car chase, plaintiffs alleged     New York, NY of Law Office of Melvin Dubinsky
 Stampf v. Long Island Railroad Co.               12/10        U.S. District      Malicious Prosecution : Co-worker's false      Philip J. Dinhofer, Rockville Centre, NY of Phillip J. Dinhofer LLC               $480,000
                                                               Court, Eastern     claim led to arrest, plaintiff alleged
                                                               District
 Cohen v. Bread & Butter Entertainment LLC.       11/19        New York           Assault and Battery : Nightclub denied         Bonnie Reid Berkow and Daniel J. Schneider, New York, NY of Wagner                $360,782
                                                               Supreme            liability for fight that left patron injured   Davis P.C.

 Byrd v. City of New York                         11/19        Kings              False Arrest : Plumbers mistaken for           Christopher J. Donadio, New York, NY of Burns & Harris                            $350,000
                                                               Supreme            prowlers claimed false arrest, battery

 Lewis v. Fischer                                 6/10         U.S. District      Sexual Assault : Prisoner claimed frisk        Yonatan Even and Alexandra Reeve Givens, New York, NY of Cravath,                 $300,000
                                                               Court, Eastern     included squeezing of genitals                 Swaine & Moore, LLP
                                                               District

 Samuels v. Samuels                               4/14         Kings              Libel : Plaintiff alleged niece's claims of    Dov Medinets, New York, NY of Ginsberg & Wolf                                     $237,000
                                                               Supreme            theft destroyed his business
 Bannout v. City of New York                      8/3          Kings              False Arrest : Solicitation charges un-        David S. Dender, New York, NY of Law Office of Eric H. Green                      $200,000
                                                               Supreme            founded, plaintiff alleged
 Weidler v. Coluzzi                               6/24         Nassau             Fraudulent Concealment : Attorney              Jeffrey Benjamin, Forest Hills, NY of Jeffrey Benjamin P.C.                       $200,000
                                                               Supreme            worked both ends of real estate deal, suit
                                                                                  alleged
 Arrington v. Thompson                            6/28         New York           Assault and Battery : Maid claimed impa-       Randy M. Levine, New York, NY of Schacher & Levine, LLP                           $150,000
                                                               Supreme            tient employer punched her
 Lawton v. City of New York                       1/8          Queens             False Arrest : Black probation officer al-     Adam M. Orlow, Flushing, NY of The Orlow Firm                                     $150,000
                                                               Supreme            leged discrimination in arrest
 Charleston v. City of New York                   6/25         New York           Assault and Battery : Bar's patron claimed     Bruce S. Povman, Forest Hills, NY of Morton Povman, P.C.                          $110,000
                                                               Supreme            bouncers hurt him while police watched
 Saccomanno v. Rodriguez                          7/28         Nassau             Battery : Teen hurt during brawl at party,     Alan D. Levine, Kew Gardens, NY of Alan D. Levine, Attorney at Law                $50,000
                                                               Supreme            blamed underage drinking
 Moore v. City of Albany                          12/1          U.S. District     False Arrest : Arrestee claimed police         Terence L. Kindlon, Albany, NY of Kindlon Shanks & Associates                     $39,000
                                                                Court, Northern   slammed and pepper-sprayed him
                                                                District

28 Verdicts Search’s Top NY Verdicts of 2010
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                    blamed on misdirected injection.
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                  DeFrancisco & Falgiatano Law Firm                               of the top personal injury firms in New
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range of personal injury cases including medical malpractice, injuries result-
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-Continued from p28                                   ficer who was merely identified as “Detective          argued that Newton’s evidence’s misplace-               determined that Newton’s damages totaled
                                                      [John Doe] Hartfield.” Newton alleged that             ment was not intentional or the result of               $18,592,000.
Facts:                                                his case’s evidence was negligently mishan-            recklessness.                                           Alan Newton
   In August 1994, plaintiff Alan New-                dled by Haskins, Kiely, McGuire and Trabitz;                                                                   $92,000 Personal Injury: mental pain and
ton, 33, an inmate of the New York State              that their actions constituted an intentional          Injury:                                                 emotional distress (caused by McGuire)
Department of Correctional Services, at-              infliction of emotional distress; that the city           Newton claimed that he was wrongfully                $500,000 Personal Injury: mental pain and
tempted to re-open the case that led to his           failed to maintain adequate policies and prac-         incarcerated. His incarceration began June              emotional distress (caused by Trabitz)
incarceration. Newton had been convicted              tices that addressed the handling of evidence;         28, 1984, but it stemmed from multiple con-             $18,000,000 Personal Injury: pain and
of assaulting, raping and robbing a woman,            that he was falsely arrested; and that he was          victions and crimes. Thus, his incarceration            suffering
and he had been imprisoned since June 28,             maliciously prosecuted. He further alleged             was not entirely a result of the conviction
1984. Newton requested a test of DNA                  that the city’s failures led to violations of the      that was overturned. The sides disputed the             Post-Trial: Defense counsel has expressed
that was contained in a sample of sperm               rights guaranteed by the First Amendment,              length of the incarceration that the unrelated          an intention to file post-trial motions.
that was collected from the woman whom                the 14th Amendment, 42 U.S.C. ? 1983 and               crimes would have warranted, but Newton
he was alleged to have raped. The sample              42 U.S.C. ? 1988.                                      ultimately conceded that he would have                  Editor’s Comments This report is based
had been preserved in a kit, and the kit was             Judge Shira Scheindlin dismissed the                served their entire sentence: 10 years. Thus,           on information that was provided by
ultimately archived by the New York City              claims against most of the defendants. The             Newton claimed that his wrongful incarcera-             plaintiff’s and defense counsel.
Police Department’s property-clerk division.          matter proceeded to a trial against Haskins,           tion began June 28, 1994. His incarceration
However, the evidence could not be located            Kiely, McGuire, Trabitz and the city.                  ended July 6, 2006. Scheindlin would not                                       #10
when Newton requested its retrieval, and it              Newton’s counsel claimed that the                   permit the defense’s introduction of the
was deemed to have been destroyed.                    evidence’s misplacement was a result of a pat-         nature of the unrelated crimes that Newton              Carpenter alleged spine, ankle injuries
   The evidence was ultimately located in             tern and practice of mishandling evidence.             had committed.                                          from 15-foot fall
2005, and a test established that Newton              He noted that evidence is catalogued via pen              Newton contended that his incarceration
could not have been the source of the sperm           and paper. Each parcel receives an identifying         caused prolonged losses of freedom and pri-             Mixed Verdict: $18,334,226.00
that was preserved in the kit. Newton’s con-          tag, and a clerk retains two accompanying              vacy. He claimed that he witnessed assaults of          Case Type: Labor Law, Construction -
viction was overturned, but Newton claimed            invoices: a white invoice, which records any           inmates, and he contended that he experi-               Accidents, Slips, Trips & Falls - Fall from
that he had been unnecessarily incarcerated           destruction of evidence, and a yellow invoice,         enced constant fear and emotional distress.             Height, Construction - Scaffolds and Lad-
during the 12 years that dated to his initial         which records all movement of evidence. An                Newton sought recovery of damages for                ders, Civil Practice - Summary Judgment
request to test the sample of sperm.                  invoice’s loss usually prevents recovery of the        his past pain and suffering.                            Case: Luis Barros v. New Roc Parcel 1A,
   Newton sued the city of New York; New              associated evidence. Newton’s counsel noted                                                                    LLC, George A. Fuller Company, Inc., No.
York district attorneys Robert Johnson and            that the New York City Police Department               Verdict Information The jury rendered                   14727/06
Mario Merola; an assistant district attorney,         admitted that invoices have been destroyed,            a mixed verdict. It found that the city                 Venue: Bronx Supreme, NY No. 14727/06
Andrea Freund; an officer who supervised a            and he further noted that Newton’s evidence            intentionally and/or recklessly demon-                  Judge: Howard Sherman
warehouse in which Newton’s evidence was              was irretrievable because its invoices had             strated a pattern of mishandling evidence,              Date: 01-26-2010
alleged to have been stored, Patrick McGuire;         been lost. He presented attorneys, parolees            that those actions violated Newton’s                    PLAINTIFF(S) Attorney:
the commanding officer of the New York                and prisoners who provided examples of                 constitutional rights, and that they were                 Howard R. Borowick; of counsel, Law
City Police Department’s property-clerk divi-         other instances of lost evidence.                      the proximate cause of wrongful incarcera-              Offices of Jacob Oresky; Bronx, NY, for
sion, Jack Trabitz; two clerks of that division,         Defense counsel contended that some                 tion. The jury further found that McGuire               Luis Barros
Tracy Haskins and Geraldine Kiely; and                450,000 invoices are created during each               and Trabitz intentionally and/or recklessly
several officers who were alleged to have been        year, and he claimed that Newton’s counsel             failed to adequately pursue Newton’s                    Expert:
involved in Newton’s arrest and prosecution,          presented evidence of a mere 11 instances of           missing evidence. However, it also found                •	 Jose Terrazola; Physical Therapy; Ossin-
Phillip Galligan, Roland Harris, Douglas              lost evidence. He argued that 11 problems              that Haskins and Kiely did not intention-                   ing, NY called by: Howard Borowick
Leho, Joanne Newbert, Sean O’Toole,                   do not demonstrate a pattern, policy or                ally or recklessly fail to adequately pursue            •	 Craig Rogers; Psychiatry; Tarrytown,
Bernard Ryan, Michael Sheehan and one of-             practice of mishandling evidence. He further           Newton’s missing evidence. The jury                         NY called by: Howard Borowick



                                                                                       Intentional Torts (cont.)
 CASE                                          DATE          COURT             TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                   AMOUNT
 Gonzalez v. City of New York                  1/11          U.S. District     False Arrest : Woman claimed no basis for     Richard Cardinale, Brooklyn, NY of Law Offices of Richard Cardinale   $35,000
                                                             Court, Eastern    prostitution charge
                                                             District
 Ferrante v. McQuade                           11/22         Nassau            Assault and Battery : Dustup at party         George Gavalas, Mineola, NY                                           $23,000
                                                             Supreme           ended in split lip, plaintiff claimed
 Johnson v. City of New York                   12/13         U.S. District     Malicious Prosecution : Prosecutor got        David M. Godosky, New York, NY of Godosky & Gentile, P.C.             $20,000
                                                             Court, Southern   bad information from police, arrestee
                                                             District          alleged




                                                                                            Legal Malpractice
 CASE                                          DATE          COURT             TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                   AMOUNT
 Casa de Meadows Inc. v. Zaman                 12/15         New York          Breach of Fiduciary Duty : Prince claimed     Linda C. Goldstein and Philip A. Irwin, New York, NY of Covington &   $10,125,000
                                                             Supreme           his attorneys breached fiduciary duty         Burling LLP & Jonathan Berman, Washington, DC of Jones & Adams &
                                                                                                                             Geoffrey S. Stewart, Washington, DC of Jones Day
 Feinberg v. Boros                             10/29         New York          Malpractice : Dispute over sale of business   Richard Derzaw, New York, NY; Steven G. Storch, New York, NY of       $8,588,680
                                                             Supreme           led to legal malpractice claim                Storch Amini & Munves

30 Verdicts Search’s Top NY Verdicts of 2010
-Continued from p30                                        that the site was not properly safeguarded, as         injuries. In November 2007, he underwent                   results of MRI scans that were performed after
                                                           required by Labor Law ? 241(6).                        fusion of the anterior side of a portion of his            the instant accident. Thus, defense counsel
Insurer:                                                      Defense counsel contended that Barros               spine’s cervical region. In February 2009, he              argued that Barros’ spinal injuries were not
•	 Harleysville Group Inc. for both                        should have procured a safer scaffold. Alter-          underwent a diskectomy, which involved the                 products of the instant accident.
    defendants                                             natively, he suggested that Barros should have         excision of his L4-5 disc.                                    Defense counsel also contended that Barros
                                                           utilized a safer means of reaching the subject            Barros claimed that he suffers residual                 exaggerated the extent of his residual injuries.
Facts:                                                     scaffold’s platform.                                   arthritis of his left ankle, and his treating              The jury viewed a lengthy videotape that
   On Feb. 21, 2006, plaintiff Luis Barros,                   Barros’ counsel moved for summary judg-             doctor opined that the ankle’s joint will have             demonstrated that Barros can bend his neck,
44, a carpenter, was a member of a crew that               ment of liability, and the motion was granted.         to be fused. Barros also claimed that he suffers           operate a motor vehicle and walk.
was renovating a high-rise condominium                     The trial addressed damages.                           residual pain that stems from his back and                    The parties negotiated an $8 million/$3
that was located in New Rochelle. The work                                                                        neck. He contended that the pain prevents                  million high/low agreement.
necessitated the use of multiple scaffolds,                Injury:                                                his resumption of recreational activities that
and the workers routinely moved among the                     Barros was transported to Sound Shore               include fishing excursions and family outings.             Verdict Information The jury found that
platforms of those scaffolds. Barros fell while            Medical Center of Westchester, in New Ro-              He also contended that he cannot resume his                Barros’ damages totaled $18,334,231, but
he was moving to the platform of a scaf-                   chelle. Doctors determined that he was suffer-         carpentry work. He was not educated beyond                 Barros’ recovery was reduced to the high/
fold. He plummeted about 15 feet, and he                   ing a pilon fracture--a comminuted fracture of         the fourth grade, so he cannot procure signifi-            low agreement’s maximum amount: $8
claimed that he sustained injuries of his back             the lowest portion of a leg’s tibia, which forms       cant sedentary work.                                       million.
and neck.                                                  the upper portion of the associated ankle. The            Barros sought recovery of his past and fu-              Luis Barros
   Barros sued the project’s general contrac-              injury affected his left ankle. The fracture was       ture lost earnings, his future medical expenses,           $6,808,989 Personal Injury: Future Medi-
tor, George T. Fuller Construction Co. Inc.,               addressed via closed reduction: the application        and damages for his past and future pain and               cal Cost
and the premises’ owner, New Roc Parcel                    of a cast. Barros’ hospitalization lasted two          suffering.                                                 $300,000 Personal Injury: Past Lost Earn-
1A, LLC. Barros alleged that the defendants                days.                                                     Defense counsel contended that Barros’                  ings Capability
violated the New York State Labor Law.                        After about four weeks had passed, Barros           pre-accident physical condition was problem-               $2,225,242 Personal Injury: Future Lost
   Barros claimed that the scaffold shifted                presented to a doctor. He reported that he was         atic. He noted that Barros had sustained a                 Earnings Capability
while he was stepping onto it. He contended                suffering pain that stemmed from his back              fracture of a leg, and he also noted that Barros           $4,000,000 Personal Injury: Past Pain And
that a crossbar was missing, and he claimed                and neck. Tests ultimately revealed that Barros        had undergone chiropractic manipulation and                Suffering
that the resultant instability caused the shifting         was suffering herniations of his C4-5, C5-6            physical therapy that addressed injuries that              $5,000,000 Personal Injury: Future Pain
of the scaffold. Barros’ counsel contended                 and L4-5 intervertebral discs. Barros claimed          were sustained in a motor-vehicle accident                 And Suffering
that the incident stemmed from an elevation-               that the injuries were products of the accident.       that occurred in 2002. He claimed that bulg-
related hazard, as defined by Labor Law ?                     Barros’ spinal injuries were initially ad-          ing discs were demonstrated by the results of              Editor’s Comments This report is based
240(1), and that Barros was not provided the               dressed via medication and physical therapy,           an MRI scan that was performed in 2002, and                on information that was provided by
proper, safe equipment that is a requirement               but Barros contended that the treatment did            the defense’s expert radiologist opined that the           plaintiff’s counsel. Defense counsel did not
of the statute. Barros’ counsel also contended             not resolve the pain that stemmed from the             2002 test’s pathology was duplicated by the                respond to the reporter’s phone calls.



           A
           G             Gash & Associates, P.C.                                                                            ROSENTHAL, SIEGEL
                                                                                                                             & MUENKEL, LLP
                                                                      Attorneys at Law
                                                                                                                                           ATTORNEYS & COUNSELORS AT LAW
                                 Carrero v. PMD Properties LLC
     Negligent Repair and/or Maintenance : Residence’s parking lot not well maintained                                                              300 Main Street, Buffalo, NY 14202
                                                 $1,649,000                                                                                                  716-854-1300
                                                                                                                                                     www.trialadvocates.com
                                       VanDenberge v. Mehler
    Auto accident case. Plaintiff was injured when his car was rear-ended by the defendant                               Joseph P. Muenkel, Esq.
                                    Jury Verdict $3,000,000                                                              Practice Areas: Medical malpractice, wrongful death, personal injury, construction accidents,
                                                                                                                         products liability
                                Aubry v. Marcal Paper Mills, Inc.
     Products Liability case. Plaintiff was crushed to death by a defective industrial gar-                              Peter M. Kooshoian, Esq.
                            bage compactor Settled for $1,650,000                                                        Practice Areas: Personal injury, wrongful death, construction accidents, criminal law

                                           Salant v. Grubman                                                             Patrick Lennon, Esq.
                                                                                                                         Practice Areas: Personal injury, wrongful death, construction accidents, criminal law, products
     Gash & Associates, P.C. was one of a few law firms who represented plaintiffs in the                                liability
     infamous case where Lizzie Grubman backed her Mercedes-Benz SUV into a crowd
      injuring fourteen young ladies in the Hamptons. Mr. Gash, protective of his clients                                Ellen M. Krebs, Esq.
      feelings and rights, was quoted by the Daily News concerning the media frenzy oc-                                  Practice Areas: Medical malpractice, personal injury, wrongful death
    casioned by the case. These cases were settled for substantial sums of money without                                 Erin M. Moriarity, Esq.
    trial, although the specific settlement amounts were stipulated as confidential among                                Practice Areas: Personal injury, construction accidents, products liability, medical
                                           the parties.                                                                  malpractice

   Gash & Associates, P.C., is a full service litigation firm, established in 1989, which maintains offices in           Frank J. Frascogna. Esq.
   Westchester County, in White Plains, New York, Edison, New Jersey and Greenwich, Connecticut. We                      Practice Areas: Medical malpractice, wrongful death
   provide exceptional legal representation in all areas of litigation, including personal injury, matrimonial,
   civil rights, commercial, employment and criminal litigation. We love what we do. Some have referred to
                                                                                                                         As a litigation law firm with its origins in 1942, Rosenthal Siegel & Muenkel LLP
   us as the “lawyer’s lawyer.” Indeed, many of our clients are lawyers and many lawyers refer their clients to
                                                                                                                         has been committed to providing top quality legal services while maintaining
   us because of their confidence in us. In the personal injury field, it is not uncommon for well known and
                                                                                                                         strict ethical standards. We have preserved these traditions for over 75 years
   highly regarded physicians to suggest to their patients, who are seeking legal representation, to consider
                                                                                                                         while continuously evolving to meet our clients changing needs. The commit-
   our firm, because those doctors know first hand of our reputation and how hard we fight for our clients.
                                                                                                                         ment to provide the best services is the core of everything we do and has resulted
                                                                                                                         in numerous verdicts and settlements of over a million dollars for our clients as
                  235 Main Street, Suite 400, White Plains. NY, 10601                                                    well as law firms that have referred litigation matters to us.
                         www.gashlaw.com • 914-328-8800
                                                                                       Medical Malpractice
 CASE                                           DATE    COURT              TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                          AMOUNT
 Gonzalez v. Guillaume                          7/23    Bronx Supreme      Surgical Error : Surgeon overlooked dam-         Sam Rosmarin, White Plains, NY of counsel to Friedman, Levy, Goldfarb &      $20,000,000
                                                                           aged colon, patient alleged                      Green, P.C., New York, NY

 Brower v. Schneider                            1/22    Queens Su-         Failure to Consult : Untreated infection         Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore          $13,300,000
                                                        preme              damaged boy's brain, parents alleged

 Durney v. Jacobowitz                           11/9    Kings Supreme      Failure to Monitor : Patient's death due to      Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &                 $7,995,579
                                                                           spike of glucose, suit alleged                   Goodman, P.C.

 Chapins v. Marmur                              3/4     Westchester        Infection Control :                              Preston J. Douglas and Richard A. Gurfein, New York, NY of Gurfein           $7,400,000
                                                        Supreme                                                             Douglas LLP

 McNamara v. St. Francis Hospital               12/22   Queens Su-         Misdiagnosis : Suit: Docs misread signs that     Steven E. Pegalis, Lake Success, NY of Pegalis & Erickson                    $7,000,000
                                                        preme              led to cardiopulmonary arrest
 Castro v. New York City Health & Hospitals     5/26    Kings Supreme      Failure to Diagnose : Estate claimed             Judith A. Livingston, New York, NY of Kramer, Dillof, Livingston & Moore     $6,350,000
 Corp.                                                                     negligent treatment of stenosis resulted
                                                                           in death
 McCabe v. Albany Medical Center Hospital       4/2     Albany Supreme     Surgeon : Suit: Doc's error led to fatal         John K. Powers, Albany, NY of Powers & Santola, LLP                          $5,200,000
                                                                           hemorhhage during C-section
 Grimley v. St. John's Riverside Hospital       9/21    Bronx Supreme      Delayed Treatment : Untreated meningitis         Michael K. Eidman, New York, NY of Law offices of Michael K. Eidman          $4,825,000
                                                                           damaged child's brain, mother alleged
 Backus v. Kaleida Health                       10/14   Erie Supreme       Surgical Error : Spine damaged during            R. Colin Campbell, Eden, NY of Campbell & Shelton LLP                        $4,145,000
                                                                           removal of kidney, plaintiff alleged
 Clark v. Brookdale Hospital Medical Center     7/8     Kings Supreme      Failure to Treat : Untreated jaundice            Robert Vilensky, New York, NY of Ronemus & Vilensky, LLP                     $4,000,000
                                                                           caused cerebral palsy, suit alleged
 Zevola v. Gruendel                             1/7     Dutchess           Failure to Monitor : Cardiac drug, unmoni-       Steven M. Fink, New York, NY of Fink & Platz                                 $3,900,000
                                                        Supreme            tored, proved fatal, suit alleged
 Torres v. Bell                                 9/29    Queens             Childbirth : Obstetricians' maneuvers            Michael B. Ronemus, New York, NY of Ronemus & Vilensky                       $3,579,500
                                                        Supreme            caused infant's palsy, suit alleged
 Doe v. Berlin                                  6/2     Bronx Supreme      Wrong Procedure : Tumor's removal led            K. Vanderpuye, New York, NY of trial counsel, Paul Weitz & Associates        $3,560,000
                                                                           to sexual dysfunction, patient alleged
 Curbelo-Gomez v. Winthrop-University           7/5     Matter not filed   Failure to Monitor : Intubated patient not       William T. Burdo, Mineola, NY                                                $3,500,000
 Hospital                                                                  adequately watched, suit alleged
 Stothart v. Montefiore Medical Center          9/17    Bronx Supreme      Negligent Treatment : Clot-preventing            Conrad Jordan, East Hampton, NY , trial counsel, John Chambers, P.C.,        $3,500,000
                                                                           measures led to eight surgeries, plaintiff       New York, NY; Peter DeFilippis, New York, NY of Peter DeFilippis & As-
                                                                           alleged                                          sociates, P.C. (referring firm)
 Estate of Alaimo v. Berman (MD, PC)            3/10    Richmond           Wrong Procedure : Breast enhancement             Michael J. Kuharski, Staten Island, NY of Kuharski, Levitz & Giovinazzo,     $3,500,000
                                                        Supreme            led to deformity, divorce, suit alleged          Esqs.
 David v. Appelbaum                             3/26    Queens             Negligent Treatment : Docs didn't perform        Judith A. Livingston, New York, NY of Kramer, Dillof, Livingston & Moore     $3,250,000
                                                        Supreme            life-saving transfusion, suit alleged
 Baccari v. Babu                                6/25    Queens             Unnecessary Procedure : Inappropriate            Conrad Jordan, Forest Hills, NY of trial counsel, Morton Povman, P.C.        $3,250,000
                                                        Supreme            surgery led to spinal fluid leak, suit alleged
 Estate of Defini v. St. Charles Hospital and   5/15    Suffolk Supreme    Failure to Monitor : Patient died after          Mitchell Birzon and Joseph K. Strang, Smithtown, NY of Birzon, Strang &      $2,875,000
 Rehabilitation Center                                                     surgeons were misled by broken monitor           Bazarsky
 Donato v. Rovner                               1/27    Bronx Supreme      Surgical Error : Spinal surgery led to per-      Candice A. Pluchino, Woodbury, NY of Faber & Troy                            $2,850,000
                                                                           manent, disabling pain, patient alleged
 Kremsner v. Mount Sinai Hospital               5/3     Kings Supreme      Surgical Error : Patient's esophagus             Kathleen Kettles and Philip A. Russotti, New York, NY of Wingate, Russotti   $2,650,000
                                                                           removed after surgical accident                  & Shapiro
 Lusardi v. Hospital for Special Surgery        2/2     Queens             Failure to Diagnose : Diagnosis delay made       Louis J. Uvino, Forest Hills, NY of Uvino & Associates                       $2,520,000
                                                        Supreme            knee condition worse, patient alleged
 Brucato v. Ankolekar                           1/7     Westchester        Failure to Diagnose : Kids' deficits blamed      Howard G. Frederick, New York, NY of Silbowitz, Garafola, Silbowitz,         $2,200,000
                                                        Supreme            on docs' disregard of abnormal uterus            Schatz & Frederick, L.L.P.
 Hall v. Porte                                  4/7     Suffolk Supreme    Delayed Diagnosis : Slowly treated hemor-        Andrew P. Nitkewicz, New York, NY of Avelino Nitkewicz LLP                   $1,850,000
                                                                           rhage proved fatal, suit alleged
 Doe v. Roe                                     5/6     Kings Supreme      Breast Cancer : Lack of adequate treat-          Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.                  $1,750,000
                                                                           ment caused tumor to grow, patient
                                                                           alleged
 Brown v. Ezekwo                                10/18   Bronx Supreme      Failure to Refer : Doc's delayed referral        Thomas P. Giuffra, New York, NY of Barton, Barton & Plotkin, L.L.P.          $1,700,000
                                                                           allowed loss of sight, patient alleged
 Holstein v. Community General Hospital of      5/28    Onondaga           Negligent Injection : Woman's sciatica           Jeff D. DeFrancisco, Syracuse, NY of DeFrancisco Law Firm                    $1,690,000
 Greater Syracuse                                       Supreme            blamed on misdirected injection
 Ramirez v. Berdichevsky                        7/15    Bronx Supreme      Surgical Error : Surgeon overlooked perfo-       Nancy M. McGee and John T. Wisell, Kew Gardens, NY of Law Offices of         $1,550,000
                                                                           ration of colon, patient alleged                 John T. Wisell
 Flannery v. Marzano                            7/23    Westchester        Surgical Error : Bunion-removal procedure        Gerald M. Oginski, Great Neck, NY of The Law Office of Gerald Oginski,       $1,550,000
                                                        Supreme            went too far, patient alleged                    LLC

32 Verdicts Search’s Top NY Verdicts of 2010
                                                                                  Medical Malpractice (cont.)
CASE                                              DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                            AMOUNT
Martinez v. Gabriel                               1/27    Kings Supreme     Surgical Error : Patient alleged doctor was       Evan M. Goldberg, New York, NY of Trolman, Glaser & Lichtman, P.C.             $1,520,000
                                                                            negligent for bowel perforation
Capovani v. Putnam                                11/22   Albany Supreme    Cardiac Care : Widower: Cardiologist              Edward S. Goodman, New York, NY of Simonson Hess Leibowitz &                   $1,500,000
                                                                            should've ordered heart test                      Goodman, P.C.
Williams v. Giorgini                              6/4     New York          Failure to Diagnose : Man's amputa-               Al Aquila, New York, NY of Sullivan, Papain, Block, McGrath & Cannavo,         $1,500,000
                                                          Supreme           tion blamed on undiagnosed circulatory            P.C.
                                                                            problems
Estate of Adams v. Back                           1/20    Schenectady       Failure to Test : Doctor overlooked fatal         Jeffrey A. Guzman, New York, NY of Krentsel & Guzman LLP                       $1,500,000
                                                          Supreme           cancer, estate alleged
Estate of Dentes v. Mauser                        7/2     Tompkins          Failure to Test : Cardiologist overlooked         Thomas J. Potter, Syracuse, NY of DelDuchetto & Potter                         $1,448,496
                                                          Supreme           fatal blockage of artery, suit alleged
Thompson v. Rao                                   2/3     Bronx Supreme     Surgical Error : Surgeon removed patient's        Andrea V. Borden, New York, NY of Burns & Harris                               $1,350,000
                                                                            gallbladder but not surgical pad
Chkhartishvili v. Volovoy                         1/21    Kings Supreme     Failure to Diagnose : Hospital, doc over-         Mark M. Basichas, New York, NY of Mark M. Basichas & Associates, PC            $1,300,000
                                                                            looked fatal lung cancer, suit alleged
Priolo v. Reiner                                  3/23    Richmond          Surgical Error : Surgeon's cut led to loss of     Joseph S. Rosato, New York, NY of Rosato & Lucciola, P.C., New York, NY,       $1,250,000
                                                          Supreme           testicle, patient alleged                         trial counsel, Anthony T. DiPietro
Tunjian v. Long Island Gynecologic Oncologists,   7/15    Suffolk Supreme   Surgical Error : Doctor overlooked perfo-         Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP                           $1,250,000
P.C.                                                                        ration of bowel, patient alleged
Bragg v. Bienstock                                5/10    Bronx Supreme     Failure to Diagnose : Docs overlooked             Edward Sanocki, New York, NY of Sanocki Newman & Turret, LLP                   $1,196,000
                                                                            badly clogged artery, patient alleged
Gonzalez v. St. Vincent's Hospital                1/25    Bronx Supreme     Failure to Detect : Hand's deformity due          Kevin J. Quaranta, Mount Kisco, NY of Quaranta & Associates                    $1,164,000
                                                                            to untreated injury, plaintiff alleged
Goodstein v. Terry L. Weill M.D. P.C.             2/3     Kings Supreme     Failure to Monitor : Prozac's discontinua-        Andrew M. Friedman, Brooklyn, NY of Friedman, Khafif & Sanchez LLP,            $911,000
                                                                            tion led to suicidal act, plaintiff alleged       trial counsel, Ross & Hill
Kelly v. Logan                                    10/8    Bronx Supreme     Surgical Error : Defense: Injury to plaintiff's   Jeffrey Singer, New York, NY of Segan, Nemerov & Singer, P.C.                  $750,000
                                                                            lower leg wasn't first, or last
Karalekas v. Weber                                9/28    Queens Su-        Failure to Monitor : Urethra damaged dur-         Mark A. Eskenazi, Bronx, NY of Law Offices Mark A. Eskenazi, LLC               $715,000
                                                          preme             ing urological surgery, patient alleged
Estate of Rosado v. New York City Health &        6/16    New York          Hospital : Suit: Hospital patient discharged      Eric Schwarz, New York, NY of Sullivan Papain Block McGrath & Cannavo          $700,000
Hospitals Corp.                                           Supreme           during diabetic emergency                         P.C.
Callender v. Kaplan                               1/5     Kings Supreme     Failure to Test : Undetected cancer spread        Victoria Wickman, New York, NY of Law Offices of Victoria Wickman              $650,000
                                                                            to fatal degree, estate alleged
Matzner v. Collins                                10/5    New York          Negligent Treatment : Psychiatrist's treat-       David L. Taback, New York, NY of David L. Taback, P.C.                         $650,000
                                                          Supreme           ment too personal, patient alleged
Gomez v. Kigongo-Mwesezi                          9/16    Bronx Supreme     Surgical Error : Surgeon cut spinal acces-        Robert Vilensky, New York, NY of Ronemus & Vilensky, LLP                       $650,000
                                                                            sory nerve during biopsy, suit alleged
Dividu v. Walton                                  3/29    New York          Failure to Test : Unchecked infection led to      Mario Biaggi, Jr., New York, NY of Biaggi & Biaggi                             $600,000
                                                          Supreme           scars of breasts, suit alleged
Curtin v. Borrero                                 12/21   Suffolk Supreme   Surgical Error : Incomplete appendectomy          Marvin Salenger, New York, NY of Salenger, Sack, Kimmel & Bavaro, LLP          $600,000
                                                                            led to infections, patient alleged
Keefer v. Ahmed                                   2/8     Broome            Misdiagnosis : Lack of communication led          Charles L. Falgiatano and Jean Marie Westlake, Syracuse, NY of DeFran-         $557,543
                                                          Supreme           to cardiac arrest, suit alleged                   cisco & Falgiatano Law Firm
Weiss v. Houslanger                               5/14    Nassau Supreme    Failure to Diagnose : Doctors overlooked          William F. Levine and Steven Sachs, Mineola, NY of Law Offices of Wil-         $500,000
                                                                            signs of post-op infection, suit alleged          liam F. Levine and Michael B. Grossman
Cattani v. Hoffman                                12/7    New York          X-ray Interpretation : Doc overlooked             William T. Burdo, Mineola, NY of Levine & Grossman, Esqs.                      $500,000
                                                          Supreme           evidence of fatal cancer, suit alleged
Cain v. Yusaf                                     4/29    Queens Su-        Childbirth : OB/GYN chose wrong                   Andrew D. Leftt, New York, NY of Law Office of David P. Kownacki, P.C.         $485,000
                                                          preme             method of delivery, suit alleged
Estate of Freeman v. Jewish Home and Hospital     8/18    New York          Failure to Test : Woman's fall in nursing         Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman              $450,000
for the Aged                                              Supreme           home led to death, suit alleged
Graham v. City N.Y.                               11/5    Bronx Supreme     Failure to Test : Arrestee claimed proper         Robert Vilensky, New York, NY of Ronemus & Vilensky                            $450,000
                                                                            medical attention was denied
Pierson v. Feldman                                9/29    Orange            Surgical Error : Surgery led to post-trau-        Nicholas E. Warywoda, New York, NY of Douglas & London, P.C.                   $352,500
                                                          Supreme           matic stress disorder, patient alleged
Rojas v. Palese                                   4/22    New York          Urological Surgery : Negligent surgery results    Pasquale V. Vairo, New York, NY of Godosky & Gentile P.C.                      $350,000
                                                          Supreme           in large hypertrophic scar, patient alleged
Estate of Coronado v. Montefiore Medical Ctr      10/29   Bronx Supreme     Delayed Diagnosis : Suit: Fatal embolism          Eric H. Morrison, New York, NY of Morrison & Wagner                            $325,000
                                                                            stemmed from late diagnosis of fracture
Burchell v. Edelman                               12/10   Onondaga          Misdiagnosis : Podiatrist's error led to          Frank S. Gattuso, Fayetteville, NY of O'Hara, O'Connell & Ciotoli              $318,000
                                                          Supreme           damaging surgery, patient alleged
Kytka v. Dry Harbor Nursing Home & Rehabili-      10/28   Richmond          Negligent Treatment : Bedbound patient not        Sean J. Doolan, Windham, NY of Windham, NY, of counsel, Angiuli, Katkin        $300,000
tation Center Inc.                                        Supreme           moved, developed bedsores, suit alleged           & Gentile, L.L.P., Staten Island, NY

                                                                                                                                                                                       Verdicts Search’s Top NY Verdicts of 2010 33
                                                                                Medical Malpractice (cont.)
 CASE                                            DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                           AMOUNT
 DeCoro v. Weiss                                 3/25    Bronx Supreme     Negligent Injection : Oral surgeon's anes-        Albert W. Chianese, Rockville Centre, NY of Albert W. Chianese & As-          $275,000
                                                                           thetic damaged nerve, patient alleged             sociates
 Graham v. Weintraub                             3/15    Kings Supreme     Delayed Treatment : Cancer grew while             John Bonina, Jr., Brooklyn, NY of Bonina & Bonina, P.C.                       $250,000
                                                                           patient dawdled, doctors contended
 Estate of Urrico v. Saphire                     10/6    Kings Supreme     Negligent Treatment : Steroid injections          Robert Alan Saasto, Hicksville, NY of Attorney at Law                         $250,000
                                                                           led to bone breakdown, patient alleged
 Estate of Ant v. New York Methodist Hospital    8/5     Kings Supreme     Hospital : Fatal coma blamed on fall from         Eric H. Morrison, New York, NY of Morrison & Wagner                           $225,000
                                                                           hospital bed



                                                                                    Motor Vehicle Accident
 CASE                                            DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                           AMOUNT
 Pantano v. NYCTA                                5/19    Kings Supreme     Question of Lights : Car crash's parties          William Schwitzer, New York, NY of Dinkes & Schwitzer                         $10,000,000
                                                                           disputed status of lights
 Jiang v. Dollar Rent a Car Inc.                 5/6     Kings Supreme     Red Light : Bicyclist hit by car alleged brain    Paul Dansker and Douglas E. Hoffer, New York, NY of Dansker & As-             $6,125,000
                                                                           damage                                            promonte Associates
 Apa v. Radolinski                               1/13    Erie Supreme      Left Turn : Driver's hasty turn caused            Terrence P. Higgins, Buffalo, NY of Higgins Kane Law Group PC                 $4,950,000
                                                                           crash, motorcyclist alleged
 Tselebis v. ABC Co. Inc.                        3/11    Bronx Supreme     Motorcycle : Motorcyclist lost spleen, part       Gerard N. Misk, Queens, NY of Ginsburg & Misk                                 $4,800,000
                                                                           of foot in crash with truck

 Khan v. Guina                                   7/22    Kings Supreme     Wrong Way : Plaintiff claimed vehicular           Dimitri Kotzamanis of Shaevitz & Shaevitz                                     $3,600,000
                                                                           crash caused psychological trauma

 Caceras v. New York Public Library              4/15    Bronx Civil       Question of Lights : Car crash's parties          William Schwitzer, New York, NY of Dinkes & Schwitzer                         $3,300,000
                                                                           disputed status of traffic signals

 Tsetsakos v. Bonaparte                          8/10    Kings Supreme     Center Line : Car crash ended career,             Eric R. Bernstein, New York, NY of Law Offices of Eric R. Bernstein           $3,100,000
                                                                           ironworker claimed
 Batiz v. Rivera                                 4/9     Bronx Supreme     Motor Scooter : Parties debated whether           Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC                         $2,100,000
                                                                           motor scooter equals 'motor vehicle'
 Blount v. Regency Recycling Corp. of Rosedale   8/23    Kings Supreme     Speeding : Car crash caused brain injury,         Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole         $1,800,000
                                                                           plaintiff alleged                                 & Murphy LLP
 Davidson v. Bruno                               7/13    Putnam            Left Turn : Motorcyclist claimed crash's          Anthony Pirrotti, Jr., Scarsdale, NY of Pirrotti Law Firm LLC                 $1,500,000
                                                         Supreme           injuries ended police career
 Sanchez v. City of New York                     9/24    New York          Left Turn : Fire truck's driver didn't yield at   Daniel P. O'Toole, New York, NY of Block O'Toole & Murphy LLP, New            $1,500,000
                                                         Supreme           intersection, motorcyclist alleged                York, NY, trial counsel, Philip Sporn, New York, NY

 Espinal v. Glosser                              7/2     Bronx Supreme     Lane Change : Expressway crash blamed             Paul J. Edelstein, New York, NY of The Edelsteins, Faegenburg & Brown         $1,500,000
                                                                           on trucker's change of lanes                      LLP, New York, NY, of counsel, Sol Zepnick PC
 Wilcher v. Pogostin                             12/22   Kings Supreme     Multiple Vehicle : Plaintiff claimed car          Joelle T. Jensen, New York, NY of Dinkes & Schwitzer                          $1,400,000
                                                                           crash's injuries ended career aspirations
 Zimmel v. Smith                                 7/28    Suffolk Supreme   Center Line : Car crash blamed on motor-          Ted M. Rosenberg, Holtsville, NY of Rosenberg & Gluck, L.L.P.                 $1,400,000
                                                                           ist who lost control in icy conditions
 Gushlaw v. Sutliff                              4/26    Onondaga          Sideswipe : Rig driver's hasty lane change        Jeffrey G. Pomeroy, Syracuse, NY of Greene & Reid, LLP                        $1,200,000
                                                         Supreme           caused crash, plaintiff alleged

 Washington-Weston v. United States of           1/29    U.S. District     Broadside : Toppled traffic signal blamed         Henry W. Davoli, Rockville Centre, NY of Law Offices of Henry W.              $1,100,000
 America                                                 Court, Eastern    for car crash that injured three                  Davoli, Jr., PLLC & Alejandro Monroy, Melville, NY of The Law Offices of
                                                         District                                                            Peter Dodge
 Meawad v. HVT Inc.                              3/3     Queens            Multiple Vehicle : Car crash caused spinal        Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole         $1,065,000
                                                         Supreme           injuries, plaintiff claimed                       & Murphy LLP
 Citarelli v. Estate of Marine                   9/15    Suffolk Supreme   Red Light : Car crash caused injuries of          Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &         $1,000,000
                                                                           back and neck, plaintiff claimed                  Murphy, LLP


 Landi v. Villano                                9/17    Suffolk Supreme   Center Line : Plaintiff broke arms and legs       Frank M. Maffei, Jr., St. James, NY of Jakubowski, Robertson, Maffei, Gold-   $994,340
                                                                           in head-on car crash                              smith & Tartaglia, LLP

 Rene v. Abrams                                  4/23    Kings Supreme     Stop Sign : Trucker ignored stop sign,            Keith M. Sullivan, Middle Village, NY of Sullivan & Galleshaw, LLP            $900,000
                                                                           caused crash, plaintiff alleged

 Diaz v. Elrac Inc.                              11/22   Suffolk Supreme   Stop Sign : Motorist didn't yield at stop         Randy S. Nissan, Bay Shore, NY of Siben & Siben, LLP                          $900,000
                                                                           sign, plaintiff alleged

 Brown v. Gettinger                              9/28    Nassau Supreme    Motorcycle : Motorcyclist, car's driver           Conrad Jordan, New York, NY of trial counsel, Fink & Platz                    $900,000
                                                                           traded blame for not avoiding crash


34 Verdicts Search’s Top NY Verdicts of 2010
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                                                                                  Motor Vehicle Accident (cont.)
 CASE                                          DATE    COURT             TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                         AMOUNT
 Reichenberg v. Hernandez                      1/19    Queens            Lane Change : Crash knocked plaintiff's          Glenn Darnell, East Meadow, NY of Russo, Darnell & Lodato, LLP.             $900,000
                                                       Supreme           vehicle into cement barrier
 Paci-O'Rourke v. Hicks                        10/11   Suffolk Supreme   Sideswipe : Parties debated link between         Glenn Auletta and Michael DellaUniversita, Ronkonkoma, NY of Gruen-         $775,000
                                                                         car crash and plaintiff's injuries               berg & Kelly, P.C.
 Peters v. Moskovitz                           5/5     Queens            Question of Lights : Car crash's parties         Mark S. DeAngelis of DeAngelis & Hafiz                                      $750,000
                                                       Supreme           disputed status of traffic signals
 Letson v. Manetta                             11/3    Queens            Left Turn : Plaintiff's elbow fractured in       Glenn Auletta, Ronkonkoma, NY of Gruenberg & Kelly, P.C.                    $750,000
                                                       Supreme           car crash
 Jordan, Jr. v. County of Suffolk              4/12    Suffolk Supreme   Bicycle : Bicylcist breaks both legs when        Kenneth S. Feraru, Mineola, NY & Oscar Michelen, Mineola, NY of Sand-       $750,000
                                                                         rear-ended by police car                         back, Birnbaum & Michelen
 Assalone v. Anderson                          7/21    Dutchess          Question of Lights : Car crash's parties         Anthony M. DeFazio and Joan F. Garrett, Wappingers Falls, NY of Vergilis,   $700,000
                                                       Supreme           disputed status of traffic signals               Stenger, Roberts, Davis & Diamond, LLP
 Caico v. Greenbaum                            7/27    Suffolk Supreme   Left Turn : Defense: Motorcyclist crossed        Thomas J. Stock, Mineola, NY of Stock & Carr                                $700,000
                                                                         line in crash with car
 Langan v. City of New York                    5/13    Kings Supreme     Intersection : City neglected to repair          Michael J. Asta, New York, NY of Asta & Associates, P.C.                    $700,000
                                                                         faulty traffic light, plaintiff alleged
 Estate of Shannon v. City of Long Beach       2/8     Nassau Supreme    Stop Sign : City, bus driver liable for fatal    Thomas F. Liotti and Edward A. Paltzik, Garden City, NY of Law Offices of   $610,000
                                                                         bicycle accident, estate alleged                 Thomas F. Liotti
 Eric T. v. Marvin B.                          3/16    Dutchess          Head-On : Head-on car crash caused               Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.          $600,000
                                                       Supreme           brain, neck injuries, plaintiff alleged

 Silver v. Sklar                               7/1     Suffolk Supreme   Question of Lights : Car crash's parties         Glenn Auletta, Ronkonkoma, NY of Gruenberg & Kelly, P.C.                    $596,850
                                                                         disputed status of traffic signals
 Sauers v. Blind                               5/7     Ulster Supreme    Center Line : Car crash caused bulging,          Eli B. Basch, Kingston, NY of Basch & Keegan L.L.P.                         $550,000
                                                                         protruding discs, plaintiff alleged

 LaVeglia v. Engel                             5/5     Greene            Yield Sign : Woman sustained fractured leg       William M. Simon, Tannersville, NY                                          $526,000
                                                       Supreme           in car crash
 Anthony v. Bobkoff                            6/18    Bronx Supreme     Lane Change : Plaintiff: Defendant's unsafe      Daniel S. Berke, Bronx, NY of trial counsel, Philip J. Sporn & Associates   $500,000
                                                                         lane change caused crash
 Zhu v. New York City Transit Authority        7/26    New York          Bicycle : Bus driver, bicyclist debated who      Adam E. Deutsch, Esq., New York, NY of Morelli Ratner P.C.                  $500,000
                                                       Supreme           initiated collision
 Rivas v. New York City Transit Authority      5/28    Bronx Supreme     Bicycle : Bicyclist hit by bus blamed inat-      Donte O. Mills, New York, NY of Sullivan Papain Block McGrath & Can-        $490,000
                                                                         tentive driver                                   navo, P.C.
 Konfidan v. FF Taxi Inc.                      3/23    Bronx Supreme     Lane Change : Plaintiff claimed he tore          Todd A. Restivo, Garden City, NY of Law Office of Todd A. Restivo           $475,000
                                                                         shoulder in car crash
 Nunez v. Garcia-Solis                         7/12    Queens            Red Light : Driver fleeing one crash             Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.                      $450,000
                                                       Supreme           caused another, plaintiff alleged
 Skopp v. Duggan                               4/14    Rockland          Left Turn : Bicyclist and motorist collided,     Scott A. Wolinetz, New York, NY of Law Offices of Scott A. Wolinetz         $450,000
                                                       Supreme           each claimed other not attentive
 Perez v. Vasquez                              7/1     New York          Red Light : Motorist turned through red          Jay S. Hausman, Hartsdale, NY of Jay S. Hausman & Associates, P.C.          $430,420
                                                       Supreme           light, caused crash, suit alleged
 Hill v. Ajunwa                                10/1    Kings Supreme     U-Turn : Motorcyclist lost kidney, spleen as     Rene Myatt, Hollis, NY of Law Office of Rene Myatt                          $430,000
                                                                         a result of crash
 Carfora v. Raio                               6/15    Richmond          Parking Lot : Crash caused head injury and       Steven Gershowitz and Andrew J. Levine, New York, NY of Raphaelson &        $430,000
                                                       Supreme           leg wound, motorcyclist alleged                  Levine Law Firm P.C.
 Diaz v. City of New York                      4/23    Bronx Supreme     Multiple Vehicle : Car crash caused by inat-     Ira M. Perlman, New York, NY of New York, NY, trial counsel, Reid B.        $400,000
                                                                         tentive motorist, plaintiff alleged              Wissner

 Goodman v. Estate of Schaffer                 3/16    Kings Supreme     Question of Lights : Car's driver, bicyclist     Russell LiBrizzi, Brooklyn, NY of Lozner & Mastropietro                     $390,000
                                                                         both claimed right of way
 Quartlbaum v. Tranka                          12/17   New York          Parked Car :                                     Adam Cahn and Mitchel E. Weiss, New York, NY of Sakkas, Cahn & Weiss,       $375,000
                                                       Supreme                                                            LLP
 Kinal v. Allstate Insurance Co.               12/17   Erie Supreme      Stop Sign : Car crash caused spinal hernia-      Robert A. Scalione, Buffalo, NY of Cellino & Barnes P.C.                    $330,000
                                                                         tions, plaintiff claimed


 Ruthinoski v. Brinkman                        6/22    Suffolk Supreme   Left Turn : Motorcyclist struck turning van      Anthony Palumbo, Mattituck, NY of Goggins & Palumbo                         $302,500
                                                                         while on wrong side of road

 Bachert v. Ram Cab Corp.                      4/15    Kings Supreme     Multiple Vehicle : Plaintiff hurt in car crash   Jason Krakower, New York, NY of Raphaelson & Levine Law Firm, P.C.          $300,000
                                                                         while confronting alleged rapist

 Wolcott v. Woeller                            5/3     Genesee           Center Line : Motorist failed to negotiate       Carrie L. Smith, Buffalo, NY of Smith, Miner, O'Shea & Smith LLP            $282,500
                                                       Supreme           icy road, plaintiff alleged


36 Verdicts Search’s Top NY Verdicts of 2010
                                                                                     Motor Vehicle Accident (cont.)
CASE                                            DATE    COURT              TYPE OF ACTION                                     PLAINTIFF'S COUNSEL                                                                AMOUNT
Kennedy-White v. Follett                        6/23    Bronx Supreme      Weather Conditions : Car crash's parties           Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg                $250,000
                                                                           each claimed other lost control
Guevara v. de la Cruz                           7/19    New York           Motor Scooter : Driver's hasty turn                Christopher L. Vargas, New York, NY of Bader, Yakaitis & Nonnenmacher,             $250,000
                                                        Supreme            caused crash, mo-ped rider claimed                 LLP
Catches v. State Farm Insurance Co.             1/14    Matter not filed   Lane Change : Insurer, injured bicyclist           Jared T. Levine, New York, NY of Dervishi, Levine & Morgan, P.C.                   $250,000
                                                                           debated coverage
Perez v. Fanning                                1/27    Westchester        Left Turn : Driver's hasty turn caused             Matthew Haicken and Edward A. Lemmo, New York, NY of Proner &                      $227,783
                                                        Supreme            crash, motorcyclist alleged                        Proner
Carr-Crews v. Ace Oil Inc.                      11/16   Ulster Supreme     Red Light : Car crash caused head, spine,          Jeff Brody, Kingston, NY of Jeff Brody Injury Law                                  $225,000
                                                                           shoulder injuries, plaintiff alleged
Brown v. Dato                                   10/1    Westchester        Left Turn : Driver's dangerous turn caused         Brad A. Kauffman, New York, NY of The Law Office of Brad A. Kauffman,              $220,000
                                                        Supreme            crash, motorcyclist alleged                        PLLC
Estate of Roe v. Hogue                          2/24    Orleans Su-        Stop Sign : Fatal crash blamed on disre-           J. Michael Hayes, Buffalo, NY of J. Michael Hayes, Esq.                            $200,000
                                                        preme              gard of stop sign
Hecker v. Modern Bakery, Inc.                   2/16    Bronx Supreme      Motor Scooter : Insurer attempted to               Denise M. Dunleavy, New York, NY of Kramer & Dunleavy, LLP                         $194,000
                                                                           deny accident was not cause of dece-
                                                                           dent's death
Huang v. Birman                                 3/18    Kings Supreme      Bicycle : Motorist contended bicyclist rode        Dana M. Northcraft, New York, NY of Caesar & Napoli                                $177,300
                                                                           into his path

Parker v. Hickley                               4/21    Bronx Supreme      U-Turn : Motorist's hasty U-turn caused            Alena E. Bespechny, Bronx, NY of Law Office of Alexander Bespechny &               $175,000
                                                                           crash, plaintiff alleged                           Norman R. Gershon, New York, NY, trial counsel
Clarke v. Veloz                                 2/24    Bronx Supreme      Lane Change : Collision knocked car                Joshua D. Gropper, New York, NY of Brown & Gropper, LLP                            $170,000
                                                                           across highway and back
Resvanis v. Rodriguez                           10/27   Queens Su-         Center Line : Motorist entered oncoming            Costas M. Eliades, New York, NY of Law Offices of Costas M. Eliades                $165,309
                                                        preme              traffic, caused crash, suit alleged
Tarantino v. Castorina                          3/23    Bronx Supreme      Stop Sign : Motorcyclist, car's driver             Jason L. Paris, New York, NY of Paris & Chaikin, P.L.L.C.                          $150,000
                                                                           disputed whether crash occurred
Dacosta v. City of Niagara Falls                5/20    Niagara Su-        Red Light : Plaintiff claimed inattentive          Robert B. Nichols, Buffalo, NY of Paul William Beltz, P.C.                         $150,000
                                                        preme              policeman caused car crash
Matin v. Feliciano                              6/14    Queens Su-         Red Light : Drunken driver ignored red             Sushrut K. Pandya, Jackson Heights, NY of trial counsel, Law Office of             $150,000
                                                        preme              light, caused crash, plaintiff alleged             Stuart N. Babich, Esq.
Mindyuk v. BMW Financial Services NA LLC        2/3     Kings Supreme      Question of Lights : Car crash's parties           Nicholas W. Kowalchyn, New York, NY of Fredric Lewis                               $150,000
                                                                           disputed right of way
Elkins v. Lee                                   11/23   Ulster Supreme     Head-On : Car crash caused lingering               John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello LLP              $150,000
                                                                           spinal woes, plaintiff alleged
Dominguez v. AD Plumbing & Heating Co.          4/9     Kings Supreme      Intersection : Jury splits liability for collis-   Elias N. Fillas, Whitestone, NY of Sacco & Fillas, L.L.P.                          $125,000
                                                                           sion at intersection with limited visibility
O'Reilly v. DHL Express Inc.                    8/23    Bronx Supreme      Broadside : Plaintiff claimed he tore shoul-       David S. Aronowitz, New York, NY of Shapiro, Beilly & Aronowitz, LLP               $125,000
                                                                           der in car crash
Bloom v. Sideris                                7/28    Suffolk Supreme    Lane Change : Suit's parties debated pres-         Matthew J. Zullo, Melville, NY of Rappaport, Glass, Greene & Levine, L.L.P.        $122,674
                                                                           ence of neurological condition
Santos v. National Retail Transportation Inc.   4/16    Bronx Supreme      Lane Change : Car crash's parties each             Harvey G. Lockhart, Great Neck, NY of trial counsel, Yankowitz Law Firm,           $120,000
                                                                           blamed other's lane change                         P.C.
Engel v. Stephenson                             2/15    Nassau Supreme     Question of Lights : Car crash's parties           Stuart M. Rissoff, Garden City, NY                                                 $115,000
                                                                           both claimed right of way
Zych v. Warrich                                 4/22    Kings Supreme      Multiple Vehicle : Two cabbies blamed for          Adam C. Yanover, Garden City, NY of Yanover & Yanover                              $115,000
                                                                           crash involving third vehicle

Mockus v. Gaber                                 3/15    Clinton Supreme    Stop Sign : Motorist ran stop sign, caused         Anthony J. Brindisi, Utica, NY of Brindisi, Murad, Brindisi, Pearlman, Julian      $110,000
                                                                           crash, motorcyclist alleged                        & Pertz LLP

Autiello v. Cummins                             2/16    Washington         Left Turn : Car crash caused neck injuries,        William L. Nikas, Hudson Falls, NY                                                 $105,750
                                                        Supreme            broken tooth, plaintiff alleged
Fishburne v. Niclas                             2/8     Ulster Supreme     Speeding : Speeding, failure to yield              David J. Clegg, Kingston, NY of The Law Firm of David J. Clegg, Esq.               $100,000
                                                                           blamed for car crash
Primus-Morris v. Government Employees Insur-    11/11   American           Sideswipe : High-speed crash caused back,          Brian R. Gunn, Garden City, NY of Cerussi & Gunn, P.C.                             $100,000
ance Co.                                                Arbitration As-    knee injuries, claimant alleged
                                                        sociation
Holmstock v. Valentin                           1/6     Queens Su-         Question of Lights : Speeding driver               Robert Alan Saasto, Hicksville, NY                                                 $100,000
                                                        preme              caused crash, plaintiff alleged
Nappy v. Stuck                                  3/11    Nassau Supreme     Question of Lights : Parties disputed              Mark Panzavecchia, Garden City, NY of Panzavecchia & Associates, PLLC              $100,000
                                                                           shoulder tear's relation to car crash

                                                                                                                                                                                           Verdicts Search’s Top NY Verdicts of 2010 37
                                                                                   Motor Vehicle Accident (cont.)
 CASE                                          DATE    COURT              TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                         AMOUNT
 Massa v. Guzman                               10/5    Bronx Supreme      Parked Car : Motorist didn't avoid parked     Arlen S. Yalkut, Bronx, NY of Yalkut & Israel                               $100,000
                                                                          SUV's open door, plaintiff alleged
 Casale v. Noto                                2/9     Kings Supreme      Broadside : Motorist didn't yield while       Ernest N. Reece, New York, NY, trial counsel to Krentsel & Guzman, LLP      $100,000
                                                                          exiting driveway, plaintiff claimed



                                                                          Motor Vehicle Accident : No-Fault
 CASE                                          DATE    COURT              TYPE OF ACTION                                PLAINTIFF'S COUNSEL                                                         AMOUNT
 Hart v. Burden                                3/2     Suffolk Supreme    No-Fault Case : Multi-car crash caused        Michael A. Rose, New York, NY of Hach & Rose, L.L.P.                        $2,225,000
                                                                          shoulder, spine injuries, plaintiff alleged
 Rakvin v. Sovereign Motor Cars Ltd.           5/25    Kings Supreme      No-Fault Case : EMT claimed car crash's       Jonathan D'Agostino and Glen DeVora, Staten Island, NY of Jonathan          $1,500,000
                                                                          injury ended career                           D'Agostino & Associates P.C.
 Brussenski v. Cohen                           4/7     Nassau Supreme     No-Fault Case : Plaintiff claimed car crash   Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &       $1,200,000
                                                                          exacerbated spinal condition                  Murphy, LLP
 Sundberg v. County of Erie                    8/6     Erie Supreme       No-Fault Case : Car crash caused disabling    Denis J. Bastible, Buffalo, NY of Cellino & Barnes                          $1,100,000
                                                                          injuries of spine, plaintiff alleged
 Bautista v. Elrac Inc.                        6/16    Bronx Supreme      No-Fault Case : Car crash caused caused       Jeffrey A. Block, New York, NY of Block O'Toole & Murphy LLP                $1,000,000
                                                                          spinal injuries, plaintiff alleged
 Mieles v. ACS Telecommunications Inc.         1/28    Kings Supreme      No-Fault Case : Car crash caused spinal       Harlan A. Wittenstein, Brooklyn, NY of Wittenstein & Associates, P.C.;      $850,000
                                                                          injury, plaintiff alleged
 Bacon v. Bostany                              11/3    Kings Supreme      No-Fault Case : Car crash caused spinal       Robert P. Baquet, New York, NY of Weiser & Associates                       $850,000
                                                                          injuries, plaintiff claimed
 Dube v. Nesbitt                               2/4     Warren Su-         No-Fault Case : Accident caused disabling     William L. Nikas, Hudson Falls, NY                                          $700,000
                                                       preme              facet syndrome, plaintiff alleged
 Blanco v. Bastone                             2/17    Bronx Supreme      No-Fault Case : Parkway crash caused          Stephen H. Jacobson, New York, NY of Hecht Kleeger Pintel & Damashek        $500,000
                                                                          back, neck injuries, plaintiff alleged
 Zgrodek v. McInerney                          9/20    Ulster Supreme     No-Fault Case : Car crash aggravated          John G. Rusk, Kingston, NY of Rusk, Wadlin, Heppner & Martuscello, L.L.P.   $415,000
                                                                          spinal condition, plaintiff claimed
 Depriest v. Dobbs                             5/4     Erie Supreme       No-Fault Case : Car crash caused spinal       Michael M. Metzger and Jeffrey A. Perla, Buffalo, NY of Perla & Perla LLP   $344,000
                                                                          injury, plaintiff claimed
 Rodriguez v. Ladelfa                          1/21    Kings Supreme      No-Fault Case : Man hurt in car crash         Ernest N. Reece, New York, NY, trial counsel to Krentsel & Guzman, LLP      $335,000
                                                                          claimed injuries of knee, spine, shoulder
 Miller v. Holman                              5/19    Nassau Supreme     No-Fault Case : Parties debated car           Steven Gershowitz, New York, NY of Raphaelson & Levine Law Firm P.C.        $320,000
                                                                          crash's link to plaintiff's spinal woes
 Boyle v. Smith                                6/8     Ulster Supreme     No-Fault Case : Car crash aggravated          Eli B. Basch, Kingston, NY of Basch & Keegan, L.L.P.                        $300,000
                                                                          brain deformity, plaintiff claimed
 Harris v. Bradley                             8/23    Sullivan Supreme   No-Fault Case : Plaintiff claimed car crash   Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.          $292,500
                                                                          led to permanent bend of neck
 Walker-Bryant v. Ferrara                      3/16    Kings Supreme      No-Fault Case : Car crash caused back         Marilyn Nelson-Cashman, New York, NY of Weiss & Rosenbloom, P.C.            $280,000
                                                                          injury, plaintiff alleged
 Calderone v. Actual Construction Corp.        3/31    Nassau Supreme     No-Fault Case : Man hit by truck alleged      Edwin T. Mulhern, Franklin Square, NY of Huwel & Mulhern                    $250,000
                                                                          four herniations, torn knee
 Herbert-Lewis v. Gensior                      4/30    Bronx Supreme      No-Fault Case : Car crash caused spinal       Hiram Anthony Raldiris, New York, NY of Law Offices of Eric H. Green        $250,000
                                                                          injury, plaintiff alleged
 Lawrence v. Canales                           1/27    Nassau Supreme     No-Fault Case : Car crash caused shoul-       Jay D. Umans, East Meadow, NY of Jay D. Umans, Attorney at Law              $250,000
                                                                          der, spinal injuries, plaintiff alleged
 Shaw v. Atria Senior Living Group Inc.        11/15   New York           No-Fault Case : Car crash caused shoul-       Robert K. Erlanger, New York, NY of Erlanger Law Firm, P.L.L.C.             $250,000
                                                       Supreme            der injury, plaintiff claimed
 Roche v. Russel                               4/8     Bronx Supreme      No-Fault Case : Plaintiff struck by car,      Howard Fifer, New York, NY of Sonkin & Fifer                                $240,000
                                                                          claimed fractures of foot
 Cervini v. Dukuly                             11/17   Queens Su-         No-Fault Case : Car crash caused spinal       Clifford S. Argintar, New York, NY of Sullivan Papain Block McGrath &       $240,000
                                                       preme              injuries, plaintiff alleged                   Cannavo P.C.

 Tropea v. Cristo                              5/20    Bronx Supreme      No-Fault Case : Man hurt in car crash         Gary Slobin, New York, NY of Alpert & Kaufman, LLP                          $200,000
                                                                          claimed ongoing knee problems
 Smith v. DeAngelis                            4/26    Suffolk Supreme    No-Fault Case : Head-on car crash caused      Denny Brown, Ronkonkoma, NY of Gruenberg & Kelly                            $150,000
                                                                          knee injury, plaintiff alleged
 McCarthy v. Hines                             7/13    Westchester        No-Fault Case : Car crash ended eques-        Michael J. Palma, Hackensack, NJ of Nowell, Amoroso, Klein & Bierman,       $150,000
                                                       Supreme            trian career of 28 years, suit alleged        P.A.

 Havern v. Marcantonio                         10/20   Warren Su-         No-Fault Case : Car crash aggravated          Steven Shultz, Saratoga Springs, NY of special counsel, The Brian Lee Law   $150,000
                                                       preme              spinal condition, plaintiff alleged           Firm PLLC

38 Verdicts Search’s Top NY Verdicts of 2010
                                                                        Motor Vehicle Accident : No-Fault (cont.)
CASE                                          DATE    COURT             TYPE OF ACTION                               PLAINTIFF'S COUNSEL                                                             AMOUNT
Lakrim v. Reinhardt                           7/26    Kings Supreme     No-Fault Case : Car crash caused injuries    Norman E. Frowley, New York, NY of Zalman & Schnurman                           $135,000
                                                                        of spine, shoulder, plaintiff alleged
Febo v. McNally                               1/28    Suffolk Supreme   No-Fault Case : Car crash caused neck        John M. Porchia, III, West Islip, NY of Lite & Russell                          $125,000
                                                                        injuries, plaintiff alleged
Tejada v. Hempstead Transportation Service    2/19    New York          No-Fault Case : Plaintiff's crash-related    Wade Turnbull, Bronx, NY of Jacob Oresky & Associates, PLLC                     $113,500
                                                      Supreme           injuries long gone, defense argued
Simmons v. Rosas                              6/24    Nassau Supreme    No-Fault Case : Parties debated hernia-      Joel Levine, Mineola, NY of Levine & Wiss                                       $100,000
                                                                        tion's link to vehicular accident
Sissons v. Labriola                           4/1     Nassau Supreme    No-Fault Case : Highway crash caused         Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP                           $100,000
                                                                        spinal injuries, plaintiff claimed
Valdez v. GEICO Insurance Co.                 7/29    American          No-Fault Case : Car crash caused tear of     Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C.                          $100,000
                                                      Arbitration As-   knee, claimant alleged
                                                      sociation
France v. Martinez                            7/29    Bronx Supreme     No-Fault Case : Car crash caused herni-      Mark A. Siesel, White Plains, NY of The Law Office of Mark A. Siesel            $90,000
                                                                        ated disc, plaintiff claimed
Baker v. Estate of Narkiewicz                 2/22    Saratoga Su-      No-Fault Case : Car crash aggravated         James B. Tuttle, Latham, NY                                                     $90,000
                                                      preme             surgically repaired eye, plaintiff claimed
Celestino v. Niamehr                          2/18    Queens Su-        No-Fault Case : Woman struck by car,         Robert B. Taylor, Great Neck, NY of Rovegno & Taylor, P.C.                      $75,000
                                                      preme             claimed injuries of back and neck
Mantia v. Lamando                             4/27    Orange Su-        No-Fault Case : Car crash caused spinal      Terrence James Cortelli, White Plains, NY of Lever & Stolzenberg                $75,000
                                                      preme             herniations, plaintiff alleged
Ruggieri v. Ralph                             2/9     Suffolk Supreme   No-Fault Case : Car crash caused neck,       Brian R. Gunn, Garden City, NY of Cerussi & Gunn, P.C.                          $75,000
                                                                        shoulder injuries, plaintiff claimed
Millington v. Fofanah                         4/1     Bronx Supreme     No-Fault Case : Car crash caused injuries    Justin D. Brandel, New York, NY of David Resnick & Associates, P.C.             $75,000
                                                                        of spine, wrist, plaintiff alleged
Vitalis v. Boucher                            10/25   Kings Supreme     No-Fault Case : Car crash caused injuries    Joel Levine, Mineola, NY of Levine & Wiss                                       $75,000
                                                                        of back and neck, plaintiff claimed
Herz v. Nemets                                3/16    Kings Supreme     No-Fault Case : Car crash caused back,       Michael S. Lazarowitz, Brooklyn, NY of Lazarowitz & Manganillo, LLP             $62,500
                                                                        knee injuries, plaintiff alleged
Makhnevich v. Cohen                           12/14   Kings Supreme     No-Fault Case : Couple claimed car crash     Gennady Yankilevich, Brooklyn, NY                                               $60,000
                                                                        caused knee injuries
Dandridge v. Government Employees Insurance   12/13   Bronx Supreme     No-Fault Case : Car crash caused spinal      Matthew A. Schroeder, New York, NY of The Law Offices of Alvin M.               $60,000
Co.                                                                     injuries, plaintiff claimed                  Bernstone, LLP
Elliot v. Cabbell                             9/14    Bronx Supreme     No-Fault Case : Car crash caused spinal      Gerold M. Mallow, New York, NY of Mallow, Konstam & Nisonoff, P.C.              $60,000
                                                                        injuries, driver, passenger claimed
Encarnacion v. Bissessar                      10/27   Kings Supreme     No-Fault Case : Car crash caused jaw,        Donald T. Ridley, New York, NY of The Mandal Law Firm                           $60,000
                                                                        neck injuries, plaintiff claimed
Rodriguez v. VL Olympus Bagels                4/21    Bronx Supreme     No-Fault Case : Car crash caused back,       Richard E. Noll, Mineola, NY of Law Office of Bloom & Noll                      $60,000
                                                                        neck injuries, plaintiff claimed
Daniel v. Wang                                3/31    Bronx Supreme     No-Fault Case : Car crash caused injuries    David Pomerantz, New York, NY of trial counsel, Paul G. Vesnaver, Baldwin, $55,000
                                                                        of back and neck, plaintiff alleged          NY
Conti v. Rudinski                             3/18    Erie Supreme      No-Fault Case : Head-on car crash caused     Joshua P. Rubin and Nadeen C. Singh, Buffalo, NY of Law Offices of James        $50,000
                                                                        neck injuries, plaintiff alleged             Morris
Algerio v. Caribbean Air Conditioning Corp    4/29    Suffolk Supreme   No-Fault Case : Defense: Plaintiff's knee    Edmond C. Chakmakian, Hauppauge, NY of Law Offices of Edmond C.                 $50,000
                                                                        problems preceded accident                   Chakmakian, P.C.
Johnson v. Desanna                            3/4     Ulster Supreme    No-Fault Case : Car crash caused injury of   Joseph E. O'Connor, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C.         $50,000
                                                                        back, plaintiff alleged
McBride-Jones v. Samejima                     1/28    Bronx Supreme     No-Fault Case : Car crash caused cataract,   Benjamin E. Setareh, Pleasantville, NY of Benjamin E. Setareh, P.C.             $50,000
                                                                        partial blindness, plaintiff alleged
Ingham v. Radigan                             3/16    Suffolk Supreme   No-Fault Case : Car crash aggravated         Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP                           $50,000
                                                                        prior disc injury, plaintiff claimed
McEwen v. Kanaev                              10/15   Bronx Supreme     No-Fault Case : Suit's parties debated ac-   Christopher L. Vargas, New York, NY of Bader, Yakaitis & Nonnenmacher,          $45,000
                                                                        cident's relation to plaintiff's injuries    LLP
Hall v. Chan                                  11/23   Bronx Supreme     No-Fault Case : Multi-car crash caused       James P. Benintendi, Bronx, NY of Getz & Braverman, PC                          $45,000
                                                                        injuries of back, plaintiff claimed
DeLuis v. Holahan                             7/14    Nassau Supreme    No-Fault Case : Car crash caused spinal-     Darryn Solotoff, Long Beach, NY of Elovich & Adell                              $45,000
                                                                        disc bulges, plaintiff alleged
Hicks v. Duplessis                            8/31    Niagara Su-       No-Fault Case : Car crash aggravated         Michael G. Cooper, Hamburg, NY of Michael G. Cooper, Esq.                       $42,000
                                                      preme             ankle and knee injuries, plaintiff alleged
Montesano v. Bollar                           6/1     Suffolk Supreme   No-Fault Case : Car crash caused spinal      Michael DellaUniversita, Ronkonkoma, NY of Gruenberg & Kelly, P.C.              $35,000
                                                                        injuries, plaintiff alleged

                                                                                                                                                                               Verdicts Search’s Top NY Verdicts of 2010 39
                                                                             Motor Vehicle Accident : No-Fault (cont.)
 CASE                                             DATE    COURT             TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                         AMOUNT
 Iyalekhue v. Aiwerioghene                        10/6    Bronx Supreme     No-Fault Case : Suit's parties debated         Steven Goldstein, New York, NY of Goldstein & Handwerker                    $30,000
                                                                            permanency of plaintiff's injuries
 Oren v. Edwards                                  4/12    Kings Supreme     No-Fault Case : Plaintiff claimed car crash    James E. Daguanno, New York, NY of Tiger & Daguanno, L.L.P.                 $30,000
                                                                            led to permanent neck pain
 Batista v. Ahmed                                 4/29    Kings Supreme     No-Fault Case : Plaintiff claimed shoulder     Irving Gertel, Brooklyn, NY of Kagan & Gertel, L.L.P.                       $25,000
                                                                            was torn, dislocated in crash
 Golding v. Alban                                 3/2     Queens Su-        No-Fault Case : Plaintiff claimed car crash    Russell A. Bloch, Flushing, NY of Mallilo & Grossman                        $25,000
                                                          preme             caused back, neck injuries
 Okereke v. Buchsbaum                             10/13   Bronx Supreme     No-Fault Case : Highway crash led to           Daniel A. Kalish, White Plains, NY of Law Office of Daniel A. Kalish        $25,000
                                                                            permanent pain, plaintiff alleged
 Jimenez v. Graham                                3/10    Bronx Supreme     No-Fault Case : Car crash caused neck          Charles E. Finelli, New York, NY of Law Office of Charles E. Finelli        $25,000
                                                                            injuries, plaintiff alleged
 Benavides v. Thompson                            3/9     Queens Su-        No-Fault Case : Man hit by car alleged         Russell A. Bloch, Flushing, NY of Mallilo & Grossman                        $20,000
                                                          preme             injuries of back, ongoing pain
 Bracchus v. Logan                                6/7     Kings Supreme     No-Fault Case : Car crash caused back,         Simon Bardizbanian, Richmond Hill, NY of Bardizbanian & Associates, P.C.;   $16,000
                                                                            neck injuries, plaintiffs claimed              Dennis Feliciano, Flushing, NY of Mallilo & Grossman
 Farrell v. Turner                                5/3     Suffolk Supreme   No-Fault Case : Defense: Plaintiff has no      Jonathan A. Baum of Siben & Siben, LLP                                      $15,000
                                                                            lingering injuries from car crash
 Scott v. Fiumefreddo                             8/11    Bronx Supreme     No-Fault Case : Car crash caused spinal        Andrew W. Bokar, New York, NY of Greenstein & Milbauer, LLP                 $15,000
                                                                            injuries, plaintiff alleged
 Morales-Rogel v. Motor Vehicle Accident Indem-   11/19   Bronx Civil       No-Fault Case : Hit-and-run ended career       Steven Barbera, Flushing, NY of Mallilo & Grossman                          $12,500
 nification Corp.                                                           in construction, plaintiff claimed
 Lopez v. Foley                                   4/20    Bronx Supreme     No-Fault Case : Car crash caused four          Sean O. Edwards, Baldwin, NY of Law Offices of Rommel Daniel                $10,000
                                                                            bulging discs, plaintiff claimed
 Calloway v. Giles                                2/23    Suffolk Supreme   No-Fault Case : Car crash caused perma-        Howard S. Grafstein, Deer Park, NY                                          $4,000
                                                                            nent injury of finger, plaintiff alleged



                                                                        Motor Vehicle Accident - Pedestrian Injuries
 CASE                                             DATE    COURT             TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                         AMOUNT
 Falcone v. Verizon New York Inc                  5/25    Kings Supreme     Pedestrian : Man struck by car suffers         Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore         $40,876,000
                                                                            paralysis, brain damage
 Dalton v. Memminger                              3/2     Erie Supreme      Pedestrian : High school student struck        Terrence P. Higgins, Buffalo, NY of Higgins Kane Law Group PC               $3,500,000
                                                                            by painting truck accepts $3.5 million
                                                                            settlement
 Estate of Araujo v. County of Nassau             4/2     Nassau Supreme    Pedestrian : Fatal accident blamed on          Howard S. Hershenhorn, New York, NY of Gair, Gair, Conason, Steigman        $3,025,000
                                                                            driver who ran red light                       & Mackauf
 Sanchez v. Gonzalez                              4/29    Bronx Supreme     Pedestrian : Pedestrian alleged truck failed   Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &       $2,750,000
                                                                            to yield the right of way                      Murphy, LLP
 Miller v. Kolerski                               7/6     Erie Supreme      Pedestrian : Car crash caused painful jaw      Kevin J. Sullivan, Buffalo, NY of Paul William Beltz, P.C.                  $2,400,000
                                                                            condition, plaintiff alleged
 Vizcaino v. NYC Board of Elections               10/7    Kings Supreme     Pedestrian : Car bounced out of collision,     James J. McCrorie, Jericho, NY of Law Office of James J. McCrorie           $2,260,000
                                                                            struck bystander on sidewalk
 Sanderson v. NYCTA                               1/12    Kings Supreme     Pedestrian : Parties debated whether bus       Jay W. Dankner, New York, NY of Dankner & Milstein, P.C.                    $2,150,000
                                                                            struck and dragged plaintiff
 Agro v. Gambardella                              7/15    Queens            Pedestrian : Woman struck by car under-        Philip A. Russotti, New York, NY of Wingate, Russotti & Shapiro             $1,750,000
                                                          Supreme           went fusion of spine
 Peguero v. L & M Bus Corp                        1/20    Kings Supreme     Pedestrian : Mother run over by bus after      Alberto Casadevall, Yonkers, NY of Fitzgerald & Fitzgerald, P.C.            $1,656,400
                                                                            pushing son out of harm's way
 Pukhovich v. New York City Police Department     10/7    Queens            Pedestrian : Police vehicle going in reverse   Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &       $1,500,000
                                                          Supreme           struck woman crossing street                   Murphy, LLP
 Hussain v. Diamond                               11/17   Kings Supreme     Pedestrian : Gas station's attendant run       Jeffrey E. Phillips, New York, NY of Phillips, Krantz & Associates, LLP     $1,250,000
                                                                            over while cleaning fuel tanks
 Wardak v. Zenhom                                 1/20    Nassau Supreme    Pedestrian : Man struck by car in driveway,    Cathy Flanzig, Mineola, NY of Flanzig & Flanzig LLP                         $1,100,000
                                                                            sustained badly broken leg
 Emery v. New York City Transit Authority         12/3    New York          Pedestrian : Biker hit by bus claimed he       Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.                 $1,022,089
                                                          Supreme           has to change careers

 Stewart v. DMT Enterprise Inc.                   10/28   Bronx Supreme     Pedestrian : Boy hit and killed by truck;      Harvey Weitz, New York, NY of Paul B. Weitz & Associates, P.C.              $1,000,000
                                                                            estate blamed crossing guard

 Morgan v. City of New York                       5/12    New York          Pedestrian : Plaintiff struck by truck,        Louis Grandelli, New York, NY of Louis Grandelli, P.C.                      $975,000
                                                          Supreme           blamed driver's lateness

40 Verdicts Search’s Top NY Verdicts of 2010
                                                              Motor Vehicle Accident - Pedestrian Injuries (cont.)
CASE                                     DATE    COURT              TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                                AMOUNT
Maltese v. Borkenstein                   7/1     Queens Su-         Pedestrian : Woman hit by car, claimed           Christopher T. McGrath, Mineola, NY of Sullivan, Papain, Block, McGrath &          $975,000
                                                 preme              driver was on wrong side of road                 Cannavo P.C.
Ruiz v. Felix                            3/17    Kings Supreme      Pedestrian : Worker pinned by truck after        Nick Gjelaj, New York, NY of Block O'Toole & Murphy LLP                            $925,000
                                                                    falling into loading dock's bay
Estate of Sanchez v. C.O.N.Y.            2/11    Bronx Supreme      Pedestrian : Woman initiated fatal collision     Jeff S. Korek, New York, NY of Gersowitz, Libo & Korek, P.C.                       $870,000
                                                                    with truck, driver contended
Nicaj v. Town of Carmel                  1/13    Putnam Su-         Pedestrian : Fireman reckless en route to        Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.                      $740,000
                                                 preme              emergency, plaintiff alleged
Richards v. Wolfe                        9/13    New York           Pedestrian : Man bumped by car sustained         Peter DeFilippis, New York, NY of Peter DeFilippis & Associates, P.C.              $550,000
                                                 Supreme            fractures of leg
Ling v. Little Richie Bus Service Inc.   2/8     Kings Supreme      Pedestrian : Woman struck by bus, sus-           Amy Rosenbloom, New York, NY of Weiss & Rosenbloom, P.C.                           $500,000
                                                                    tained broken leg
Schneider v. Khalid                      8/18    Suffolk Supreme    Pedestrian : Woman hit by car fractured          Robert Vilensky, New York, NY of Ronemus & Vilensky                                $500,000
                                                                    pelvis, suffered ruptured spleen
Richardson v. City of New York           3/11    New York           Pedestrian : Pedestrian injured by a parked      Marc Elefant, New York, NY of Wallach & Elefant, L.L.P.                            $407,400
                                                 Supreme            car sideswiped by a city bus
Wells v. Caba                            2/12    Kings Supreme      Pedestrian : Plaintiff struck by van, sus-       Keith Sullivan, Middle Village, NY of Sullivan & Galleshaw, L.L.P.                 $375,000
                                                                    tained fracture of knee
Gogel v. Deck Cab Corp.                  6/28    Queens Su-         Pedestrian : Plaintiff's knee replacement        Frederick C. Aranki, New York, NY of Block O'Toole & Murphy, LLP                   $325,000
                                                 preme              blamed on being struck by taxi
Spicer v. Daly                           4/27    Bronx Supreme      Pedestrian : Woman hit by car claimed            Edward A. Steinberg, New York, NY of Leav & Steinberg, L.L.P.                      $300,000
                                                                    tears of knee
Ordonez v. Hoffman                       8/5     Westchester        Pedestrian : Woman hit by car sustained          Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,               $300,000
                                                 Supreme            injuries of face, spine                          P.C.
Eldilemi v. Sanginito                    1/27    Bronx Supreme      Pedestrian : Boy hit by car claimed hip          Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman,                 $224,000
                                                                    fracture, spinal bulges                          PLLC
Hill v. Dean                             2/10    Kings Supreme      Pedestrian : Woman hit by car, claimed           Larry J. Bonchonsky, Great Neck, NY of Mark E. Weinberger, P.C.;                   $200,000
                                                                    injuries of spine
Cordova v. Gamma                         6/10    Queens Su-         Pedestrian : Teen hit by car alleged amne-       Marilyn Nelson-Cashman, New York, NY of Weiss & Rosenbloom, P.C.                   $170,000
                                                 preme              sia and shoulder injury
Marcario v. Leva                         10/21   Nassau Supreme     Pedestrian : Woman hit by car claimed            Neil H. Greenberg, Westbury, NY of Law Office of Neil H. Greenberg &               $161,167
                                                                    disabling knee injury                            Associates, P.C.
Joseph v. Lewis                          7/14    Kings Supreme      Pedestrian : Woman struck by bus, claimed        Erica B. Sattler, New York, NY of Harmon, Linder & Rogowsky                        $150,000
                                                                    herniations of back and neck
Tsynman v. Becker                        6/18    Rockland Su-       Pedestrian : Man clipped by car's mirror         Daniel H. Gilberg, New York, NY of Law Offices of Daniel H. Gilberg                $125,000
                                                 preme              claimed driver was speeding
Goodman v. Howe                          3/11    Matter not filed   Pedestrian : Woman run over by rolling           Lawrence A. Breslow, Poughkeepsie, NY of Rutberg & Associates P.C.                 $100,000
                                                                    vehicle at church tag sale
Cannon v. Parulan                        2/22    Westchester        Pedestrian : Fatal pedestrian knockdown          Robert H. Rosenblatt, White Plains, NY of Rosenblatt & McGarrity                   $100,000
                                                 Supreme            blamed on speeding driver

So v. Lurie                              4/7     Queens Su-         Pedestrian : Woman hit by car sustained          Bobby Walia, Flushing, NY of Walia & Walia, PLLC                                   $100,000
                                                 preme              eight fractures

Cardona v. Agudo                         8/30    Queens Su-         Pedestrian : Parties debated hit-and-run         Robert B. Steinberg, Garden City, NY of Steinberg & Gruber, P.C.                   $100,000
                                                 preme              driver's identity

Heidenreich v. Keller                    2/22    Oneida Supreme     Pedestrian : Plaintiff hit by car, then struck   Marc Jonas, Utica, NY of Law Offices of Marc Jonas                                 $95,000
                                                                    again when driver reversed

Yan v. Riccio                            2/4     Kings Supreme      Pedestrian : Motorist backed out of              Laurence E. Jacobson, New York, NY of Laurence E. Jacobson PC                      $70,000
                                                                    parked position, struck plaintiff
Pidoto v. Jasmine Limo Inc               11/17   Kings Supreme      Pedestrian : Parties debated visibility of       Robert Alan Saasto, Hicksville, NY , trial counsel, Sean Rooney, Brooklyn,         $70,000
                                                                    woman who was hit by car                         NY

Jean-Baptiste v. Mills                   8/13    Kings Supreme      Pedestrian : Man hit by car claimed injuries     Kelly Stokes, Brooklyn, NY of Mallilo & Grossman                                   $53,000
                                                                    of back and neck

Hagar v. Barnard                         10/7    Orange Su-         Pedestrian : Worker hired to plow drive-         Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.                 $50,000
                                                 preme              way struck property's owner

Martinez v. M.V.A.I.C.                   4/14    Bronx Supreme      Pedestrian : Man hit by van claimed he           Ari Jacobson, New York, NY of Law Offices of Scott A. Wolinetz                     $40,000
                                                                    developed disabling knee pain

O'Brien-Butler v. Espejo                 3/15    Westchester        Pedestrian : Woman hit by truck claimed          Mary Beth Mullins, Larchmont, NY                                                   $32,500
                                                 Supreme            fracture of sacrum


                                                                                                                                                                                  Verdicts Search’s Top NY Verdicts of 2010 41
                                                                         Motor Vehicle Accident : Passenger Injuries
 CASE                                               DATE    COURT             TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                        AMOUNT
 Capone v. Ciancolo                                 2/17    Kings Supreme     Passenger : Car struck fireplug, passenger's   Christopher T. McGrath, Mineola, NY of Sullivan Papain Block McGrath &     $7,200,000
                                                                              colon lacerated                                Cannavo P.C.


 Corona v. Morrison                                 8/3     Suffolk Supreme   Passenger : Kids hurt in crash; speeding       Mark E. Alter and Alexander J. Galvez, Mineola, NY of Law Offices of       $5,450,000
                                                                              driver, lack of safety seat blamed             Mark E. Alter



 Boothe v. M.A.B.S.T.O.A.                           5/14    Bronx Supreme     Passenger : Taxi's fare hurt in collision      Edmond J. Pryor, Bronx, NY of Law Offices of Edmond J. Pryor & William     $2,581,117
                                                                              with bus                                       C. Clyne, Bronx, NY of Of Counsel


 Day v. Assured Moving & Storage Inc.               2/16    Kings Supreme     Passenger : Motorist ignored stop sign,        Jeffrey A. Block and S. Joseph Donahue, New York, NY of Block O'Toole      $2,405,000
                                                                              caused crash, plaintiffs alleged               & Murphy LLP & Todd A. Restivo, Garden City, NY of Law Office of Todd
                                                                                                                             A. Restivo & Eitan A. Ogen, New York, NY of Ogen & Associates, P.C.


 Edwards v. Erie Coach Lines Co.                    3/8     Livingston        Passenger : Passengers claimed psychologi-     Marc S. Albert and Moshe Horn, New York, NY of Seeger Weiss LLP            $2,250,000
                                                            Supreme           cal injuries from bus crash


 Estate of Campbell-Pegram v. New York City         11/22   New York          Passenger : Bus driver accused of failing to   Richard H. Abend, New York, NY of Abend & Silber                           $1,500,000
 Transit Authority                                          Supreme           properly secure wheelchair


 Harouni v. Miller                                  6/30    Richmond          Passenger : Sleeping driver stuck disabled     Ian M. Chaikin, New York, NY of Paris & Chaikin, P.L.L.C.                  $1,325,000
                                                            Supreme           vehicle, plaintiffs alleged


 Whaley v. Roehl Transport Inc.                     1/8     Orange            Passenger : Speeding driver, unresponsive      Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.; Joseph A.     $1,000,000
                                                            Supreme           trucker caused crash, suit alleged             Ruta, New York, NY of Ruta & Soulios LLP


 Keller v. Rich                                     4/12    Nassau Supreme    Passenger : Car crash's parties disputed       Robert G. Sullivan, Mineola, NY of Sullivan Papain Block McGrath & Can-    $850,000
                                                                              status of traffic signals                      navo P.C.


 Reichert v. Winters                                5/10    Erie Supreme      Passenger : Good Samaritan hurt in car         Richard E. Updegrove, Buffalo, NY of Spadafora & Verrastro                 $825,000
                                                                              crash while assisting injured man


 Sirot v. Troiano                                   5/19    Queens            Passenger : Speeding, disregard of stop        Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC                      $800,000
                                                            Supreme           sign blamed for crash


 Liranzo v. Torres                                  6/15    Queens            Passenger : Car crash caused spinal inju-      Kevin T. Grennan of Law Offices of Kevin T. Grennan, PLLC                  $750,000
                                                            Supreme           ries, plaintiff claimed



 Phillipps v. New York City Transit Authority       1/27    New York          Passenger : Bus's lurch caused fall, pas-      Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,       $600,000
                                                            Supreme           senger alleged                                 P.C.


 Auerbach v. Clarke                                 11/16   Kings Supreme     Passenger : Car crash's injury will lead to    Richard R. Mogg, Bronx, NY of Bronx, NY, trial counsel, Frekhtman & As-    $575,000
                                                                              knee replacement, plaintiff alleged            sociates, Brooklyn, NY


 Drew v. Kapuszcak                                  6/30    Erie Supreme      Passenger : Woman hurt in DWI accident         Dean P. Smith, Orchard Park, NY of Law Office of Dean P. Smith             $460,002
                                                                              claimed fracture of neck



 Grant v. New York City Transit Authority           6/9     New York          Passenger : Bus's sudden, violent stop         Russell Ragland, New York, NY of David Horowitz, PC                        $350,000
                                                            Supreme           caused injury, rider claimed

 Stuart v. Mbaye                                    2/11    Bronx Supreme     Passenger : Taxi passengers sue for injuries   Andrew P. Wiese, Whitestone, NY of Sacco & Fillas, LLP                     $307,000
                                                                              when taxi slid on snow



 Fox v. New York City Transit Authority             5/5     New York          Passenger : Bus's violent turn and stop        Lewis Rosenberg, New York, NY of Ginarte, O'Dwyer, Winograd & Larac- $300,000
                                                            Supreme           caused fall, passenger alleged                 uente


 Batyehudah v. Breland                              5/24    Kings Supreme     Passenger : Car struck tree, passenger         Lawrence B. Saftler, New York, NY of Saftler Law Firm                      $300,000
                                                                              claimed driver fell asleep

 Tzorzis v. Metropolitan Transportation Authority   6/30    Queens            Passenger : Men hit by bus claimed they        Gus Constantinidis, Astoria, NY of The Law Office of Gus Constantinidis;   $299,000
 Bus Co.                                                    Supreme           sustained spinal injuries                      Brian Sachs, Huntington Station, NY of The Sachs Firm P.C.


42 Verdicts Search’s Top NY Verdicts of 2010
                                                               Motor Vehicle Accident : Passenger Injuries (cont.)
CASE                                        DATE    COURT            TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                             AMOUNT
Ortiz v. Vault Trust                        1/25    Kings Supreme    Passenger : Speeding driver crossed center     Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C.                     $250,000
                                                                     line, caused crash, suit alleged


Espensen v. Pacheco                         2/5     Bronx Supreme    Passenger : Improper U-turn blamed for         Lennon C. Edwards, New York, NY of Leav & Steinberg, L.L.P.                     $250,000
                                                                     broadside crash


Castillo v. City of New York                12/17   New York         Passenger : Bus's passenger claimed            Frank B. Kelly, Bronx, NY of Law Offices of William A. Gallina                  $245,736
                                                    Supreme          abrupt stop caused fall



Guillen v. Harran Transportation Co. Inc.   5/13    Kings Supreme    Passenger : Bus struck disabled vehicle on     Daniel M. Bauso, Garden City, NY; Mara Pandolfo, New York, NY of Mark           $190,000
                                                                     expressway, passengers hurt                    E. Seitelman Law Offices, P.C.



Arroyo v. Fox                               5/3     Nassau Supreme   Passenger : Boy knocked out of open car,       Christopher F. Downes, New York, NY of O'Dwyer & Bernstien, LLP                 $175,000
                                                                     sustained injury of head


Matrullo v. Oliver                          7/21    New York         Passenger : Speeding taxi struck by drunk      Richard L. Giampa, Bronx, NY of Richard L. Giampa, P.C.                         $157,000
                                                    Supreme          driver injuring unbelted passenger, all par-
                                                                     ties found negligent

Estate of Singleton v. Avila                11/4    Nassau Supreme   Passenger : Fatal car crash blamed on          Edwin Miller, Smithtown, NY of Campbell & Miller                                $150,000
                                                                     drag-racing drivers


Kunstadt v. Thohan                          6/3     Queens           Passenger : Car crash blamed on speeding       Robert Alan Saasto, Hicksville, NY, trial counsel to Oliveri & Schwartz,        $125,000
                                                    Supreme          driver, disregard of stop sign                 New York, NY


Strong v. Lewin                             1/7     Bronx Supreme    Passenger : Motorist's hasty turn caused       Stuart M. Rissoff, Garden City, NY of Law Office of Stuart M. Rissoff           $110,000
                                                                     crash, plaintiff alleged


Winne v. Dellangelo                         2/3     Albany Supreme   Passenger : Head-on car crash blamed on        Steven P. Shultz, Albany, NY of Finkelstein & Partners                          $110,000
                                                                     speeding, driver's loss of control




Wheelock v. Riley                           2/4     Herkimer         Passenger : Three hurt when driver en-         Anthony A. Murad, Utica, NY of Brindisi, Murad, Brindisi, Pearlman, Julian &    $100,000
                                                    Supreme          tered oncoming traffic to avoid hazard         Pertz, LLP; Paul M. Longeretta, Utica, NY of Longeretta Law Firm; Mark W.
                                                                                                                    McLane, Utica, NY of McLane, Smith & Lascurettes


Scott v. Gold Class Corp.                   5/19    Bronx Supreme    Passenger : Illegal turn, speeding driver      Robert P. Baquet, New York, NY of Weiser & Associates                           $95,000
                                                                     blamed for car crash


Brown v. Vega                               1/4     Queens           Passenger : Car crash caused permanent         Matthew T. Gammons, New York, NY of Rosenbaum & Rosenbaum, P.C.                 $75,000
                                                    Supreme          spinal injuries, plaintiff alleged

Montanye v. Phillips                        6/9     Ulster Supreme   Passenger : Car crash led to disfiguring       Steven I. Milligram, Newburgh, NY of Tarshis Catania Liberth Mahon &            $75,000
                                                                     breast surgery, plaintiff alleged              Milligram, PLLC

Henry v. Cruz                               12/22   Dutchess         Passenger : Speeding motorist lost control,    Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.              $75,000
                                                    Supreme          struck pole, plaintiff alleged

Anne H. v. Clarence B.                      3/3     Orange           Passenger : Head-on car crash blamed on        Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.              $53,000
                                                    Supreme          driver's loss of consciousness

Veldorale v. Estate of Caggiano             3/29    Kings Supreme    Passenger : Motorist ignored stop sign,        Robert Rosenberg, Bronx, NY of Koenigsberg & Associates P.C.                    $50,000
                                                                     caused crash, plaintiff alleged

Patel v. Khan                               3/4     Bronx Supreme    Passenger : Vehicles collided at highway's     Matthew Schroeder, New York, NY of Alvin M. Bernstone, LLP                      $25,000
                                                                     merge point

Cummings v. Tasher                          10/20   Kings Supreme    Passenger : Car crash's parties disputed       Barry Woolfson, New York, NY of New York, NY, trial counsel, Mark D.            $25,000
                                                                     status of lights                               Rolnik Esq., New York, NY

Malave v. Castro                            2/24    Kings Supreme    Passenger : Car crash's parties disputed       Jeffrey S. Pomerantz, New York, NY of of counsel, Dinerman, Bergam and          $20,000
                                                                     who struck whom                                Dinerman

Wallace v. Harper                           5/27    Dutchess Su-     Passenger : Rig driver's turn blamed for       Michael A. Cote, Poughkeepsie, NY of Spiegel, Brown, Fichera & Cote,            $1,250
                                                    preme            collision in intersection                      LLP


                                                                                                                                                                              Verdicts Search’s Top NY Verdicts of 2010 43
                                                                      Motor Vehicle Accident : Rear-end collision
 CASE                                           DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                        AMOUNT
 Sanclemente v. J Youngs Paving                 3/2     Bronx Supreme     Rear-end collision : Truck tossed out of          Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP                       $7,300,000
                                                                          collision, landed on plaintiff's car
 Estate of Morris v. Viscuso                    11/1    Queens            Rear-end collision : Mother of two died           Dallin M. Fuchs and Brian S. Schwartz, New York, NY of Queller, Fisher,    $4,000,000
                                                        Supreme           five years after multi-vehicle crash              Washor, Fuchs & Kool

 Scarth v. Freyherr                             2/23    Suffolk Supreme   Rear-end collision : Motorcyclist struck and Kevin M. Fox, Hauppauge, NY of Kevin M. Fox, PLLC                               $3,500,000
                                                                          dragged by truck
 Kolb v. MTA Bus Co.                            5/13    Queens            Rear-end collision : Car crash led to two         Steven Gershowitz, Andrew J. Levine and Howard A. Raphaelson, New          $1,750,000
                                                        Supreme           spinal fusions, plaintiff alleged                 York, NY of Raphaelson & Levine Law Firm P.C.
 Geevargese v. Shmerler                         10/6    Westchester       Rear-end collision : Car crash led to spinal      Raymond J. Keegan & Barry R. Strutt, White Plains, NY of Keegan, Keegan,   $1,600,000
                                                        Supreme           fusion, vision problems, plaintiff claimed        Keegan & Strutt
 Lara-Buitrago v. Henry & Loretta Vigliante     1/25    Nassau Supreme    Rear-end collision : Multi-car crash blamed       David E. Waterbury, New York, NY of trial counsel, Law Offices of Byron    $1,525,000
 Realty Inc                                                               on driver's failure to heed sign                  Lassin Woodside
 Smith v. City of Yonkers                       4/19    Westchester       Rear-end collision : Car crash led to spinal      Ronald C. Burke, New York, NY of Kelner & Kelner                           $1,400,000
                                                        Supreme           fusion, plaintiff alleged
 Bryce v. Valentino                             5/2     Queens            Rear-end collision : Speeding driver's lane       Walter F. Benson, Garden City, NY of The Lynn Law Firm, Syracuse, NY, of   $1,100,000
                                                        Supreme           change led to crash, plaintiff claimed            counsel, Alan J. Stern, P.C.
 Heiseler v. Con-Way Transportation, Services   2/24    Queens            Rear-end collision : Car crash caused spine, Mark R. Bernstein, Mineola, NY of Sanders, Sanders, Block, Woycik, Viener       $1,000,000
                                                        Supreme           shoulder injuries, plaintiff alleged         & Grossman, P.C.
 Coley v. DRC Group Inc.                        2/9     Bronx Supreme     Rear-end collision : Three-part crash             Stephen H. Frankel, Mineola, NY of the Law Office of Stephen H. Frankel    $950,000
                                                                          caused knee, spinal injuries, plaintiff alleged
 Jimenez v. Khattak                             9/13    Bronx Supreme     Rear-end collision : Parties disputed             Michael J. Wells, New York, NY of Sullivan Papain Block McGrath & Can-     $850,000
                                                                          sequence of multi-vehicle crash                   navo P.C.
 Reyes v. Bugg                                  4/27    U.S. District     Rear-end collision : Car crash led to fusion      Stephen J. Murphy and David L. Scher, New York, NY of Block O'Toole &      $800,000
                                                        Court, Southern   of neck, plaintiff alleged                        Murphy, LLP
                                                        District
 Nortman v. Hanover Insurance Co.               2/3     American          Rear-end collision : Three-car crash caused       Laurence C. Tarowsky, New York, NY                                         $775,000
                                                        Arbitration As-   knee, spinal injuries, claimant alleged
                                                        sociation
 Tanney v. Terwilliger                          5/5     Herkimer          Rear-end collision : Car crash caused brain, Anthony J. Brindisi, Utica, NY of Brindisi, Murad & Brindisi Pearlman L.L.P.    $750,000
                                                        Supreme           rib, spine injuries, plaintiff alleged
 Russo v. Rao                                   8/16    Westchester       Rear-end collision : Car crash caused             Joel A. Hirshfield, White Plains, NY of Hirshfield & Costanzo, PC, White   $725,000
                                                        Supreme           injuries of knee, spine, plaintiff alleged        Plains, NY, trial counsel, Nader J. Sayegh, Yonkers, NY
 Rodriguez v. Salem Truck Leasing               12/21   Bronx Supreme     Rear-end collision : Suit's parties debated       Henry W. Davoli, Rockville Centre, NY of Law Offices of Henry W.           $700,000
                                                                          car crash's tie to plaintiff's herniated disc     Davoli, Jr., PLLC
 DeCarlo v. Myers                               2/22    Kings Supreme     Rear-end collision : Car crash caused neck        Alena E. Bespechny, Brooklyn, NY of Law Office of Alexander Bespechny      $475,000
                                                                          injuries, aggravated hip, plaintiff claimed       & Norman R. Gershon, New York, NY, trial counsel
 DeLeon v. Keystone Freight Corp.               12/20   Bronx Supreme     Rear-end collision : Crash led to post-           Andrew L. Weitz, New York, NY of Andrew L. Weitz & Associates, PC          $474,000
                                                                          traumatic stress disorder, trucker claimed
 Saunders v. Robles                             2/11    Bronx Supreme     Rear-end collision : Car crash caused knee,       Avi D. Caspi, Brooklyn, NY of Law Offices of Avi D. Caspi, PLLC            $412,000
                                                                          spine injuries, plaintiffs claimed

 Lufker v. Jeheber                              7/2     Suffolk Supreme   Rear-end collision : Motorcyclist hit by car      Rand P. Schwartz, Massapequa Park, NY of Rand P. Schwartz, Esq.            $405,000
                                                                          fractured heel, shoulder

 Marrero v. Berni                               10/1    Bronx Supreme     Rear-end collision : Multi-vehicle crash          Michael Arce, Bronx, NY of The Arce Law Office                             $355,000
                                                                          caused knee, spine injuries, plaintiff alleged

 Defina v. Urquart                              11/3    Nassau Supreme    Rear-end collision : Car crash's injury may       Joel Levine, Mineola, NY of Levine & Wiss                                  $315,000
                                                                          lead to fusion of neck, plaintiff claimed
 Vriniotis v. Betzinger                         3/16    Rensselaer        Rear-end collision : Car crash caused spinal      Eugene R. Spada, Albany, NY of Spada Law Firm                              $245,000
                                                        Supreme           injuries, plaintiff claimed
 Kennedy v. Vault Leasing                       4/17    Richmond          Rear-end collision : Trucker hurt in crash        Jordan D. Hecht and Joel Rubenstein, New York, NY of Hecht Kleeger         $206,245
                                                        Supreme           alleged injuries of knee, neck, shoulder          Pintel & Damashek
 Vallario v. Hussein                            4/27    Richmond          Rear-end collision : DWI not cause of car         Jason Krakower, New York, NY of Raphaelson & Levine Law Firm, P.C.         $170,000
                                                        Supreme           crash, plaintiff alleged
 Sicherman v. Lindboe                           5/28    Onondaga          Rear-end collision : Car crash led to             Jeff D. DeFrancisco, Syracuse, NY of DeFrancisco Law Firm                  $165,000
                                                        Supreme           removal of spinal disc, plaintiff alleged
 Jimenez v. G and B Car-Limo Corp               3/26    Bronx Supreme     Rear-end collision : Plaintiff's car was          Michael Huguenot, Bronx, NY of Vozza & Huguenot                            $150,000
                                                                          struck while she yielded to pedestrian
 Caesar v. Ponzi                                10/21   Richmond          Rear-end collision : Woman tore shoulder          Stuart M. Rissoff, Garden City, NY                                         $150,000
                                                        Supreme           in car accident, bears scars

 Augustin v. Moswick                            9/21    Bronx Supreme     Rear-end collision : Car crash caused tears       Norman R. Gershon, New York, NY, trial counsel, Alexander Bespechny,       $115,000
                                                                          of knee, plaintiff claimed                        Bronx, NY

 Dorrego v. Wheatley Kosher Restaurant Corp.    3/26    Queens            Rear-end collision : Car crash caused neck,       Lennon C. Edwards, New York, NY of Leav & Steinberg, L.L.P.                $100,000
                                                        Supreme           shoulder injuries, plaintiff alleged


44 Verdicts Search’s Top NY Verdicts of 2010
                                                                       Motor Vehicle Accident : Rear-end collision (cont.)
CASE                                             DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                              AMOUNT
Middlebrooks v. Jurkowski                        5/4     Ulster Supreme    Rear-end collision : Car crash led to fusion      Michael H. Forrester, New Windsor, NY of Silver, Forrester & Schisano            $90,000
                                                                           of neck, plaintiff alleged
Orbacz v. Hickman                                5/17    Ulster Supreme    Rear-end collision : Crash due to motorist        Jeff Brody, Kingston, NY of Jeff Brody Injury Law                                $90,000
                                                                           following too closely, plaintiff alleged
Doyle v. Crisci                                  6/11    Ulster Supreme    Rear-end collision : Car crash caused             Jeff Brody, Kingston, NY of Jeff Brody Injury Law                                $85,000
                                                                           disabling spinal injury, plaintiff alleged
Aquilina v. Powell                               6/9     Niagara Su-       Rear-end collision : Car crash caused neck,       Anthony J. Zitnik, Buffalo, NY of Law Offices of J. Michael Hayes                $78,000
                                                         preme             wrist injuries, plaintiff alleged
Lopez v. Santagelo                               6/22    Bronx Supreme     Rear-end collision : Drivers disputed             Neil R. Kafko, Bronx, NY of Kafko & Schitzer, LLP                                $75,000
                                                                           sequence of multiple-collision accident
McLeary v. Cannon                                4/25    Bronx Supreme     Rear-end collision : Car crash's parties          Hiram Anthony Raldiris, New York, NY of Eric Green & Associates                  $50,000
                                                                           debated who struck whom
Espinal v. Bianco                                1/15    Westchester       Rear-end collision : Parties debated              Joseph L. Ehrlich, New York, NY of Antin Ehrlich & Epstein, P.C.                 $40,000
                                                         Supreme           whether plaintiff was in car that was
                                                                           struck
Edwards v. Williams                              5/21    Erie Supreme      Rear-end collision : Plaintiff's vehicle struck   Michael J. Cooper, Buffalo, NY of Cellino & Barnes, P.C.                         $25,000
                                                                           while yielding to fire truck
Pantin-Pasciucco v. Mendoza                      6/24    Bronx Supreme     Rear-end collision : Car crash caused spine, Nancy Y. Morgan, Newburgh, NY of Finkelstein & Partners, L.L.P.                       $25,000
                                                                           knee injuries, plaintiff alleged
Fauche v. Dallis                                 12/15   Queens Civil      Rear-end collision : Car crash caused             David Pomerantz, New York, NY of New York, NY, trial counsel, Paul               $20,000
                                                                           injuries of spine, plaintiff claimed              Vesnaver, Baldwin, NY
Krimkevitch v. Imperiale                         6/9     Kings Supreme     Rear-end collision : Car crash caused neck,       Everett J. Petersson, Brooklyn, NY of Everett J. Petersson P.C.                  $10,000
                                                                           knee injuries, plaintiff alleged



                                                                                                Negligence
CASE                                             DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                              AMOUNT
Saladino v. Stewart & Stevenson Services Inc.    7/26    U.S. District     Failure to Warn : Worker claimed tractor's        Jonathan I. Edelstein, New York, NY of Law Office of Jonathan I. Edelstein,      $40,190,417
                                                         Court, Eastern    dangers weren't disclosed                         New York, NY & Nadia M. Chionchio, Kevin B. McAndrew, and William J.
                                                         District                                                            Poisson, Woodbury, NY of McAndrew Conboy & Prisco
Hunt v. City of New York                         9/23    Queens Su-        Negligent Training : Teen paralyzed during        Barry Greenberg, Farmingdale, NY of Barry E. Greenberg, P.C.                     $8,000,000
                                                         preme             football practice, claimed poor training
Ocampo v. Abetta Boiler & Welding Service Inc.   5/19    New York          Negligent Repair : One killed, others hurt        Jamie Wolf, New York, NY of Lipsig, Shapey, Manus & Moverman; Evan M.            $7,477,840
                                                         Supreme           when cabbage processor broke                      Goldberg, New York, NY of Trolman, Glaser & Lichtman, P.C.
San Filippo v. MTA                               12/14   New York          Breach of Duty of Care : Judge: Subway            Brian J. O'Connor, New York, NY of O'Connor Law Firm & Matthew                   $6,662,870
                                                         Supreme           clerk had no duty to help police                  Zuntag, Staten Island, NY of Zuntag & Zuntag
Gilio v. H & R, the English Landscape Garden-    7/16    Suffolk Supreme   Negligent Maintenance : Snow-removal co. Michael Paglino, Ronkonkoma, NY of Gruenberg & Kelly, P.C.                                $6,000,000
ers Ltd.                                                                   failed to clear parking lot, plaintiff alleged
Dozier v. Riverbend Housing Co. Inc.             7/7     Bronx Supreme     Negligent Maintenance : Plaintiff scalded         Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg              $5,100,000
                                                                           when apartment's radiator burst
Oleksy v. Korth                                  3/31    Erie Supreme      Negligent Supervision : Student hurt in           Peter M. Kooshoian and Joseph P. Muenkel, Buffalo, NY of Rosenthal,              $4,400,000
                                                                           rock collapse on paleontological expedi-          Siegel & Muenkel LLP
                                                                           tion

Estate of Navarro v. New York City Transit       7/30    Queens Su-        Negligent Supervision : Overcrowding              Gary Novin and Richard M. Winograd, New York, NY of Ginarte,                     $2,700,000
Authority                                                preme             blamed for subway patron's fatal fall             O'Dwyer, Gonzalez, Gallardo & Winograd, LLP

Artis v. City of N.Y.                            3/31    Bronx Supreme     Negligent Maintenance : Sidewalk hazard           Jeffrey L. Lessoff, Great Neck, NY of trial counsel, The Yankowitz Law Firm      $2,400,000
                                                                           merely covered by plywood, plaintiff
                                                                           alleged
Booth v. Neiman-Marcus Group Inc.                3/11    New York          Negligent Maintenance : Workers failed to         Brian McCaffrey, New York, NY of Leffler Macus & McCaffrey LLC                   $2,100,000
                                                         Supreme           properly address leaks, plaintiff alleged
Mianulli v. Dunrite Manufacturing Corp.          8/13    Nassau Supreme    Negligent Repair : Teen broke neck diving         Gregory S. Gennarelli, New York, NY of Salenger, Sack, Kimmel & Bavaro,          $1,960,000
                                                                           into pool, claimed no warnings                    LLP

Mohabir v. 673 First Avenue Associates. L.P.     5/17    New York          Negligent Maintenance : Flood damage led          Paul J. Edelstein, New York, NY of The Edelsteins, Faegenburg & Brown            $1,725,000
                                                         Supreme           to fall out of elevator, plaintiff alleged        LLP, trial counsel to Sol Zepnick, PC

Danon v. Jacobi Medical Center                   2/3     Bronx Supreme     Negligent Supervision : Unmonitored               S. Joseph Donahue, New York, NY of Block O'Toole & Murphy LLP                    $1,490,000
                                                                           therapy ended in broken neck, patient
                                                                           claimed
Estate of Heisler v. National Plumbing & Heat-   9/8     Kings Supreme     Negligent Repair : Plumber ignored signs          Bruce Baron, Brooklyn, NY of Baron Associates                                    $1,000,000
ing Corp.                                                                  of fatal fire, estate alleged

Lesane v. City of New York                       3/3     New York          Negligent Security : School's staff ignored       Daniel T. Leav, New York, NY of Leav & Steinberg, L.L.P.                         $900,000
                                                         Supreme           signs of fatal fight, parents alleged

Holmes v. Tilden Management Corp.                7/6     Bronx Supreme     Negligent Repair : Teen's fall on sidewalk        Daniel T. Leav, New York, NY of Leav & Steinberg                                 $836,000
                                                                           blamed on inadequate lighting

                                                                                                                                                                                        Verdicts Search’s Top NY Verdicts of 2010 45
                                                                                                 Negligence (cont.)
 CASE                                             DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                       AMOUNT
 Engel v. Mesifta Tiferes Tzvi Dspinka            4/23    Kings Supreme     Negligent Maintenance : Unstable Torah            Marc E. Freund, and Thomas J. Moverman, New York, NY of Lipsig,           $750,000
                                                                            Ark falls on 11-year old's leg                    Shapey, Manus & Moverman, P.C.
 Senese v. MJB Ale House Inc.                     9/15    Suffolk Supreme   Negligent Service of Alcohol : Café's pa-         Joseph G. Dell, Bohemia, NY of Dell, Little, Trovato & Vecere, L.L.P.     $600,000
                                                                            tron hurt while trying to subdue drunken
                                                                            man
 Lennon v. Metro North Commuter Railroad          12/9    New York          Negligent Training : Office worker claimed        William Greenberg, New York, NY of Greenberg & Massarelli, LLP            $500,000
 Co.                                                      Supreme           lack of training for on-train task
 Newkirk v. 1200 Fifth Associates LLC             11/29   New York          Negligent Assembly or Installation :              Robert M. Ginsberg, New York, NY of Ginsberg & Wolf, P.C.                 $395,000
                                                          Supreme           Woman tumbled when window popped
                                                                            out of frame
 Mann v. Hancock Place Apartment Housing          7/27    Bronx Supreme     Negligent Maintenance : Construction              Adam Cahn and Matthew Sakkas, New York, NY of Sakkas, Cahn & Weiss, $350,000
 Development Fund Corp.                                                     workers didn't clear icy sidewalk, suit           LLP
                                                                            alleged
 Lewis v. Plaza Housing Development Fund Co.      8/9     Kings Supreme     Negligent Assembly or Installation : Unad-        Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,      $325,000
 Inc.                                                                       dressed leak led to ceiling's collapse, suit      P.C.
                                                                            alleged
 Imperiale v. Bi-County Scale & Equipment Co.     11/26   Suffolk Supreme   Negligent Maintenance : Supermarket's             Kenneth R. Shapiro, Carle Place, NY of Philip J. Rizzuto, P.C.            $325,000
 LLC                                                                        butcher hurt when meat grinder collapsed
 Penny v. City of New York                        7/27    New York          Negligent Maintenance : Island's maintain-        Adam Cahn and Matthew Sakkas, New York, NY of Sakkas, Cahn & Weiss, $287,500
                                                          Supreme           ers ignored pothole, bicyclist alleged            LLP
 O'Keefe v. Supermarkets International            4/21    Queens            Negligent Hiring : Plaintiff: Supermarket         Douglas R. Dollinger, Goshen, NY of Douglas R. Dollinger & Associates     $275,000
                                                          Supreme           dustup should have led to firing
 Kelly v. City of New York                        5/24    Queens Civil      Negligent Maintenance : Steel fell off of         Matthew Gaisi, New York, NY of Harris/Law                                 $275,000
                                                                            train trestle, caused damage of vehicle
                                                                            below
 Villaronga v. Consolidated Edison Co. of New     10/25   Bronx Supreme     Negligent Maintenance : Sunken sidewalk           Christopher J. Donadio, New York, NY of Burns & Harris                    $275,000
 York Inc.                                                                  grate a tripping hazard, plaintiff alleged
 Reyes v. City of New York                        6/4     Bronx Supreme     Negligent Maintenance : Plaintiff: City,          Frank V. Kelly, Bronx, NY of William A. Gallina                           $250,000
                                                                            agency ignored tree's disruption of
                                                                            sidewalk
 Siberon v. City of NY                            3/18    Kings Supreme     Negligent Maintenance : City ignored              Christopher P. Di Giulio, New York, NY of Law Offices of Christopher P.   $200,000
                                                                            broken curb, plaintiff alleged                    Di Giulio PC
 Saad v. City of New York                         6/30    Queens            Negligent Repair : Utility ignored danger-        Richard E. Noll, Mineola, NY of Bloom & Noll, LLP                         $200,000
                                                          Supreme           ous area of road, plaintiff alleged
 Ciganek v. Town of Clarkstown                    1/13    Rockland          Negligent Supervision : Kids bumped               Jeffrey E. Phillips, New York, NY of Phillips, Krantz & Associates, LLP   $140,000
                                                          Supreme           heads in park, attendant deemed inat-
                                                                            tentive
 Cheng v. Unity Ambulette Corp.                   3/10    Albany Supreme    Ambulance/Emergency Medical Services :            Donte O. Mills, New York, NY of Sullivan Papain Block McGrath & Can-      $130,000
                                                                            Ambulette's passenger hurt when wheel-            navo P.C.
                                                                            chair slid
 Reese v. Kings Park Wood Flooring Plus Inc.      1/29    Nassau Supreme    Negligent Assembly or Installation : Wood         Keith Sullivan, Middle Village, NY                                        $125,000
                                                                            flooring cracked after installation, couple
                                                                            alleged

 Anderson v. CD Fleetwood Associates LLC          3/3     Westchester       Negligent Maintenance : City ignored              W. Bradford Bernadt, Howard Beach, NY of Scott Baron & Associates P.C. $70,000
                                                          Supreme           damaged sidewalk, plaintiff alleged

 Yantz v. McQuade Children's Services             5/17    Orange            Negligent Security : Teen smuggled contra-        Nancy Y. Morgan, Newburgh, NY of Finkelstein & Partners, LLP              $70,000
                                                          Supreme           band into school, alleged poor security

 Caserta v. Leprechaun Lines Inc.                 10/25   Orange            Negligent Maintenance : Bus's passenger           Justin S. Blash, New City, NY of New York, NY, trial counsel, Neimark &   $52,500
                                                          Supreme           claimed she tripped on loose molding              Neimark

 Abreu v. City of New York                        4/13    New York          Negligent Maintenance : City ignored              Robert Alan Saasto, Hicksville, NY of Robert Alan Saasto, Attorney at     $35,000
                                                          Supreme           notice of pothole, plaintiff alleged              Law


                                                                                            Nursing Homes
 CASE                                             DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                       AMOUNT
 Tannen v. Hebrew Home for the Aged at            6/11    Bronx Supreme     Negligent Supervision : Long-term-care            David Grossman and Dennis J. Kelly, Hauppauge, NY of Kelly, Grossman      $500,000
 Riverdale                                                                  facility's resident fell 18 times, suit alleged   & Flanagan, LLP, Hauppauge, NY, trial counsel to Ruth E. Bernstein, New
                                                                                                                              York, NY of The Ruth E. Bernstein Law Firm
 Estate of Lester v. Highland Care Center Inc.    8/26    Queens            Abuse or Neglect : Nursing home, hospi-           John Dalli, Mineola, NY of Dalli & Marino, LLP                            $305,000
                                                          Supreme           tal, ignored patient's bedsore, suit alleged
 O'Dea v. Terrence Cardinal Cooke Health Care     6/29    New York          Slips, Trips & Falls : Nursing home didn't        Ari Jacobson, New York, NY of Scott A. Wolinetz P.C.                      $275,000
 Center                                                   Supreme           respond to man's multiple falls, suit alleged
 Estate of D'Aust v. Champlain Vally Physicians   3/17    Clinton Supreme   Restraints : Nursing facility's patient suf-      William L. Nikas, Hudson Falls, NY                                        $190,000
 Hospital Medical Center                                                    focated in bed mishap
 Estate of Ivey v. Jewish Home & Hospital for     2/23    Bronx Supreme     Abuse or Neglect : Nursing home's staff           Jason C. Molesso, Mineola, NY of The Sanders Firm                         $150,000
 Aged                                                                       ignored resident's sores, suit alleged

46 Verdicts Search’s Top NY Verdicts of 2010
                                                                                           Premises Liability
CASE                                                 DATE    COURT           TYPE OF ACTION                                 PLAINTIFF'S COUNSEL                                                            AMOUNT
Meade v. OTA Hotel Owner, LP                         11/5    New York        Elevator Accident : Improper evacuation        Nicolas Bagley and Jeff S. Korek, New York, NY of Gersowitz, Libo &            $8,500,000
                                                             Supreme         of guest from disabled Hotel elevator          Korek, P.C.
Burns v. Taylor Ave. Properties LLC                  3/15    Bronx Supreme   Negligent Repair and/or Maintenance :       Michael Maiolica, Great Neck, NY of Law Offices of Steven Wildstein, P.C.         $3,500,000
                                                                             Unaddressed leak caused ceiling's collapse,
                                                                             tenant alleged
Alla v. Korea International Trade Association Inc.   9/16    New York        Negligent Repair and/or Maintenance :          Duane R. Morgan, New York, NY of Dervishi, Levine & Morgan, P.C.               $2,900,000
                                                             Supreme         Man hit by air conditioner's cover, claimed
                                                                             cognitive deficits
Leto v. Amrex Chemical Co. Inc.                      2/9     Broome Su-      Negligent Repair and/or Maintenance :          Stephen G. Schwarz, Rochester, NY of Faraci & Lange, LLP                       $2,511,150
                                                             preme           Worker claimed chemical spill damaged
                                                                             lungs
Rohan v. Great Atlantic & Pacific Tea Co. Inc.       4/15    Westchester     Dangerous Condition : Supermarket's            H.Q. Nguyen, New York, NY; Michael B. Ronemus, New York, NY of                 $2,500,000
                                                             Supreme         shopper hit by falling carton, alleged brain   Ronemus & Vilensky
                                                                             injury
Ragunanan v. Pers Realty LLC                         4/7     Kings Supreme   Negligent Repair and/or Maintenance :          Marc E. Freund, and Thomas J. Moverman, New York, NY of Lipsig, Shapey,        $2,300,000
                                                                             Stairway's defective handrail ignored for      Manus & Moverman, P.C.
                                                                             six months, suit alleged
Demina v. Sea Park North Housing Develop-            10/19   Kings Supreme   Negligent Repair and/or Maintenance            Jonathan S. Damashek, New York, NY of Hecht, Kleeger, Pintel &                 $2,175,000
ment Fund Corp                                                               : Burst pipe left apartment tenant with        Damashek
                                                                             widespread burns
Buckley v. Charles K. Goldner, LLC                   5/7     New York        Negligent Repair and/or Maintenance :          Alan S. Ripka, New York, NY of Napoli Bern Ripka LLP                           $1,900,000
                                                             Supreme         Plaintiff fell into elevator's shaft, blamed
                                                                             lack of maintenance
Lizden Industries Inc. v. Franco Belli Plumbing      6/7     New York        Negligent Repair and/or Maintenance :          Robert Balsam and Daniel M. Felber, New York, NY of Balsam Felber &            $1,711,976
and Heating and Sons Inc.                                    Supreme         Clothes designer claimed flood caused          Goldfield
                                                                             five-year profit dip
Carrero v. PMD Properties LLC                        10/27   Bronx Supreme   Negligent Repair and/or Maintenance :          Gary Mitchel Gash, Esq., White Plains, NY of Gash & Associates, P.C.           $1,649,000
                                                                             Residence's parking lot not well main-
                                                                             tained, plaintiff alleged
Brooks v. 510-482 Riverdale LLC.                     12/8    Kings Supreme   Negligent Repair and/or Maintenance :          Marc E. Freund & Thomas J. Moverman, New York, NY of Lipsig, Shapey,           $1,600,000
                                                                             Building's owners neglected cracked ramp,      Manus & Moverman, P.C.
                                                                             plaintiff alleged
Hinton v. City of New York                           4/9     Bronx Supreme   Dangerous Condition : Plaintiff fell off of    Jeffrey A. Guzman, New York, NY of Krentsel & Guzman                           $1,593,000
                                                                             loading dock, claimed railing was necessary
Craigwell v. Stevenson Commons Associates            7/26    Bronx Supreme   Negligent Repair and/or Maintenance :          Stuart L. Finz and Todd M. Rubin, Mineola, NY of Finz & Finz P.C.              $1,500,000
                                                                             Landlord ignored apartment's damaged
                                                                             floor, tenant alleged
Simon v. New Morgan Cafe Inc                         5/6     Queens Su-      Negligent Repair and/or Maintenance :          Michael A. Barnett, New York, NY of trial counsel, Greenstein & Milbauer,      $1,350,000
                                                             preme           Restaurant's patron claimed no warning of      LLP
                                                                             slippery floor
Cascio v. Stop & Shop Supermarket Holding            4/22    Kings Supreme   Negligent Repair and/or Maintenance :          Mariangela Chiaravalloti, New York, NY of Friedman, Friedman, Chiaraval-       $1,328,000
Co. Inc.                                                                     Supermarket's staff ignored recurrent leak,    loti & Giannini
                                                                             shopper alleged
Jouan v. City of New York                            8/2     Queens Su-      Negligent Repair and/or Maintenance :          Christian Siragusa, Jericho, NY of Schwartzapfel Truhowsky Marcus P.C.         $1,200,000
                                                             preme           Plaintiff claimed church ignored hazardous
                                                                             condition of sidewalk
Tomaino v. 209 East 84 Street Corp.                  4/6     New York        Negligent Repair and/or Maintenance :          Gary Slobin, New York, NY of Alpert & Kaufman, LLP                             $1,000,000
                                                             Supreme         Building's owner ignored worn, deterio-
                                                                             rated step, guest alleged
Tyler v. New York City Dept. of Ed                   4/23    Bronx Supreme   School : Gym's light fixture too close to      Albert W. Cornachio, III, Rye Brook, NY of Law Offices of Albert W.            $1,000,000
                                                                             basketball court, suit alleged                 Cornachio, P.C.
Gonzalez v. Parkchester South Condominium            1/22    Bronx Supreme   Inadequate or Negligent Security : Condo       Pablo A. Sosa, Bronx, NY of Law Office of William A. Gallina                   $975,000
                                                                             failed to respond to serial rapist, suit
                                                                             alleged
Camejo v. Theriot Realty Corp.                       3/16    Bronx Supreme   Negligent Repair and/or Maintenance :          Howard I. Trepp, Bronx, NY of Hoberman & Trepp, PC, Bronx, NY, trial           $965,000
                                                                             Building's owner ignored worn stairway,        counsel, Matthew Marchese, Bronx, NY
                                                                             tenant alleged

Kato v. 625 Ownership, LLC                           1/15    Kings Supreme   Negligent Repair and/or Maintenance :          Eric E. Rothstein, New York, NY of of counsel, Tomkiel & Tomkiel               $900,000
                                                                             Woman struck by debris that fell from
                                                                             building's exterior

Tuttle v. North Star Sportsman's Club Inc            9/22    Monroe Su-      Negligent Repair and/or Maintenance :          Gary J. Gianforti, Rochester, NY of Culley, Marks, Tanenbaum & Pezzulo         $887,349
                                                             preme           Sports club let snowy conditions linger,
                                                                             member alleged

Beiman v. Wildlife Conservation Society              9/17    New York        Negligent Repair and/or Maintenance :          Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC                       $870,000
                                                             Supreme         Zoo's visitor claimed tree well not prop-
                                                                             erly shielded

Avila v. Shafer Hall L.P.                            4/29    Bronx Supreme   Failure to Warn : Plaintiff fell on freshly    William Peterman, Bronx, NY of Corpina, Piergrossi, Klar & Peterman, LLP       $850,000
                                                                             waxed floor, claimed no warnings

                                                                                                                                                                                     Verdicts Search’s Top NY Verdicts of 2010 47
                                                                                       Premises Liability (cont.)
 CASE                                          DATE    COURT             TYPE OF ACTION                                   PLAINTIFF'S COUNSEL                                                          AMOUNT
 Velez v. 647 Willoughby Av. LLC.              4/12    Bronx Supreme     Negligent Repair and/or Maintenance :            Liba N. Groveman, Mineola, NY of Sanders, Sanders, Block, Woycik, Viener     $850,000
                                                                         Building's entry stairs uneven, hazardous,       & Grossman, P.C.
                                                                         plaintiff alleged
 Toribio v. City of New York                   5/24    New York          Negligent Repair and/or Maintenance :            Jay K. Margolis, New York, NY of trial counsel, Lefkowicz & Gottfried, LLP   $800,800
                                                       Supreme           Subway station's rotted stairway a hazard,
                                                                         plaintiff alleged
 Santiago v. Langsam Property Services Corp    5/11    Bronx Supreme     Negligent Repair and/or Maintenance :            Jay S. Knispel, New York, NY of Law Office of Jay S. Knispel, LLC            $800,000
                                                                         Building's managers ignored sharp shower
                                                                         tiles, suit alleged
 Holland v. 961 Eastern Realty Corp.           12/10   Kings Supreme     Negligent Repair and/or Maintenance :            Thomas P. O'Malley, New York, NY of Oshman & Mirisola                        $800,000
                                                                         Kids suffered adverse reactions to apart-
                                                                         ment's mold, suit alleged
 Person v. Keybar, GHD Inc.                    6/16    New York          Dangerous Condition : Cluttered, dark            Charles J. Gayner, New York, NY of Maloof, Lebowitz, Connahan &              $782,500
                                                       Supreme           pub a hazard, patron alleged                     Oleske, PC
 Rivera v. Ekblom                              10/15   Kings Civil       Failure to Warn : Deliveryman claimed no         Jonathan O. Michaels, Bronx, NY of Pena & Kahn, PLLC                         $750,000
                                                                         warning of building's wet stairs
 Gosline v. Morse                              3/24    Suffolk Supreme   Negligent Repair and/or Maintenance              Glenn Auletta, Ronkonkoma, NY of Gruenberg & Kelly, P.C.                     $750,000
                                                                         : Home's century-old staircase broke,
                                                                         dumped repairman
 Guilbe v. Fulton                              6/4     Bronx Supreme     Negligent Repair and/or Maintenance :            Joshua Goldblatt, Bronx, NY of Jacob Oresky & Associates, PLLC               $750,000
                                                                         Building's porter didn't warn of wet stairs,
                                                                         tenant alleged
 Kovacs v. Inn on Main                         7/1     Nassau Supreme    Negligent Repair and/or Maintenance :            Michael Paglino, Ronkonkoma, NY of Gruenberg & Kelly, P.C.                   $750,000
                                                                         Restaurant's patron claimed door fell off
                                                                         hinges, struck her
 Casado v. Macy's Inc.                         11/17   Bronx Supreme     Negligent Repair and/or Maintenance :            Andrew M. Laskin and Joel H. Robinson, New York, NY of Robinson &            $750,000
                                                                         Stairway's frayed rubber edge a hazard,          Yablon PC
                                                                         store's patron alleged
 Hatchett v. Cablevision                       4/6     Bronx Supreme     Negligent Repair and/or Maintenance :            Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC                        $725,000
                                                                         Arena's sidewalk badly patched, plaintiff
                                                                         alleged
 Perczyk v. Rose Castle Corp.                  6/16    Kings Supreme     Negligent Repair and/or Maintenance :            Bradley S. Hames, New York, NY of Law Office of Allen L. Rothenberg          $655,500
                                                                         Catering hall's patron broke hip in fall on
                                                                         greasy floor
 Colon v. Rivera                               5/18    Nassau Supreme    Negligent Repair and/or Maintenance :            Deanne M. Caputo, Mineola, NY of Sullivan Papain Block McGrath &             $650,000
                                                                         Landlord didn't clear icy stairway, tenant       Cannavo, P.C.
                                                                         alleged
 Blankinship v. Royal Video Exchange Inc       11/5    Kings Supreme     Negligent Repair and/or Maintenance :            Scott J. Zlotolow, Sayville, NY of Law Offices of Scott J. Zlotolow          $650,000
                                                                         Video store's customer claimed she
                                                                         tripped on torn carpet

 O'Mack v. Fordham Emerald Associates LLC.     2/9     Bronx Supreme     Negligent Repair and/or Maintenance :            Christopher P. Spina, New York, NY of Sullivan Papain Block McGrath &        $600,000
                                                                         Fireman claimed building's clutter led to        Cannavo P.C.
                                                                         injury
 Danso v. Miles                                1/25    Bronx Supreme     Negligent Repair and/or Maintenance :            Michael J. Asta, New York, NY of Asta & Associates, P.C.                     $500,000
                                                                         Unaddressed leak caused fall on stairway,
                                                                         plaintiff claimed
 Tejada v. Creston Holding Co., LLC.           1/13    Bronx Supreme     Window Accidents : Poorly installed air          Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC                        $475,000
                                                                         conditioner blamed for tot's fall from
                                                                         window

 Pope v. 818 Jeffco Corp.                      10/7    Kings Supreme     Toxic Torts - Carbon Monoxide : Carbon           Michael P. Eisenman, New York, NY of Miller & Eisenman                       $471,950
                                                                         monoxide leak blamed on building's ten-
                                                                         ant, landlord
 Cohen v. Metropolitan Transit Authority       2/23    New York          Negligent Repair and/or Maintenance              Leonard B. Chipkin, Garden City, NY of Sackstein, Sackstein & Lee            $450,000
                                                       Supreme           : Railroad didn't fix dangerous station
                                                                         platform, suit alleged
 Markewich v. Lomonaco                         5/3     New York          Negligent Repair and/or Maintenance :            Andrew J. Levine, New York, NY of Raphaelson & Levine Law Firm, P.C.         $450,000
                                                       Supreme           Plaintiff's fall, fracture, due to tree's dam-
                                                                         age of sidewalk

 Barry v. Long Island Railroad                 4/2     New York          Negligent Repair and/or Maintenance :            Nicholas E. Warywoda, New York, NY of Douglas & London, P.C.                 $450,000
                                                       Supreme           Train station's escalator needed mat on
                                                                         rainy day, plaintiff claimed

 Walker v. Conway Stores Inc.                  5/17    Kings Supreme     Negligent Repair and/or Maintenance :            Adam H. Rossol, New York, NY of Robinson & Yablon, P.C.                      $425,000
                                                                         Store's patron claimed tape was used to
                                                                         cover dangerous gap
 Stellman v. NYC Transit Authority             5/10    New York          Negligent Repair and/or Maintenance              Thomas K. Miller, New York, NY of Miller & Campson                           $425,000
                                                       Supreme           : Plaintiff claimed snow-covered stairs
                                                                         caused fall


48 Verdicts Search’s Top NY Verdicts of 2010
                                                                                          Premises Liability (cont.)
CASE                                             DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                               AMOUNT
Sylvan v. N.Y.C.T.A.                             6/8     Bronx Supreme     Negligent Repair and/or Maintenance :             Mitchel H. Ashley, New York, NY of The Ashley Law Firm, trial counsel,            $424,000
                                                                           Subway station's patron claimed snowy             Stillman & Stillman
                                                                           stairs weren't cleared
Hynes v. New York City Transit Authority         8/6     New York          Dangerous Condition of Public Property            Jordan W. Tucker, Brooklyn, NY of Reingold & Tucker                               $400,000
                                                         Supreme           : Subway station's patron fell on stairs,
                                                                           blamed poorly placed sign
Scheuer v. Hoeh                                  3/16    Erie Supreme      Elevator Accidents : Worker fell through          Christopher M. Pannozzo, Hamburg, NY of Shaw & Shaw P.C.                          $400,000
                                                                           elevator's trapdoor, claimed poor main-
                                                                           tenance
Potocnik v. Tracy Tenants Corp.                  12/14   New York          Failure to Warn : Rolled-up rain mat a haz- Bryan J. Swerling, New York, NY                                                         $400,000
                                                         Supreme           ard, building's tenant claimed
Mamakas v. NYCTA                                 7/2     Kings Supreme     Negligent Repair and/or Maintenance :             Glenn K. Faegenburg, New York, NY of The Edelsteins, Faegenburg &                 $400,000
                                                                           Subway station's patron alleged tripping          Brown, New York, NY, trial counse to Sol Zepnick, P.C.
                                                                           hazard wasn't addressed
Hussein v. Ovili                                 11/24   Richmond          Negligent Repair and/or Maintenance :             Helen M. Rosenblatt, Staten Island, NY of Chelli & Bush                           $400,000
                                                         Supreme           Toddlers poisoned by home's lead-based
                                                                           paint, mother alleged
Ahmed v. City of New York                        3/2     New York          Negligent Repair and/or Maintenance :             Steven L. Kaplan, Melville, NY of Kaplan & Kaplan P.C.                            $365,000
                                                         Supreme           Elevator's sudden drop caused injuries,
                                                                           plaintiff alleged
Negron v. 1400 Holding Corp                      5/17    Kings Supreme     Negligent Repair and/or Maintenance :             Richard R. Mogg, Bronx, NY of trial counsel, Frekhtman & Associates               $325,000
                                                                           Plaintiff claimed restaurant's staff ignored
                                                                           cracked sidewalk
Guisao v. P & P Realty, LLC                      1/15    Queens Su-        Negligent Repair and/or Maintenance               Brad A. Kauffman, New York, NY of Law Offices of Brad A. Kauffman                 $325,000
                                                         preme             : Building's managers ignored broken
                                                                           stairway, tenant alleged
Wiggins v. Chon Property Corp.                   12/9    Queens Su-        Negligent Repair and/or Maintenance :             Alan M. Greenberg, New York, NY of Law Offices of Alan M. Greenberg,              $312,500
                                                         preme             Spa's patron claimed sauna doorway was            P.C.
                                                                           dangerous
Zannikos v. City of New York                     6/1     Queens Su-        Slip and Fall : Jury finds plaintiff liable for   Thomas S. LoBue, New York, NY of Ateshoglou & Aiello                              $300,000
                                                         preme             her own fall on pothole in work area
                                                                           involving several entities
Palabasan v. New York City Transit Authority     2/23    Queens Su-        Negligent Repair and/or Maintenance :             Peter S. Thomas, Forest Hills, NY, trial counsel to The Law Office of Ste-        $300,000
                                                         preme             Subway station's snow-covered stairs a            phen R. Chesley LLC, Brooklyn, NY
                                                                           hazard, plaintiff alleged
Rossi v. Syndicated Properties Associates Inc.   5/20    New York          Negligent Repair and/or Maintenance :             Mario Biaggi, New York, NY of Biaggi and Biaggi, Esqs                             $300,000
                                                         Supreme           Fire marshal hurt on crumbling stairway
                                                                           during inspection
Ynoa v. N.Y.C.T.A.                               5/7     Bronx Supreme     Negligent Repair and/or Maintenance :             Eliot S. Bickoff, New York, NY of Asta & Associates, P.C.                         $300,000
                                                                           Plaintiff claimed she tripped in subway's
                                                                           broken turnstile
Sciara v. Consolidated Edison Co. of New York    6/4     Bronx Supreme     Negligent Repair and/or Maintenance               Robert M. Fiala, New York, NY of Arye, Lustig & Sassower, P. C.                   $283,000
Inc.                                                                       : Meter repairman fell through home's
                                                                           cellar trapdoor
Dennehy v. KBR Realty Corp.                      7/28    Queens Su-        Dangerous Condition : Tenant claimed              Russell Ragland, New York, NY of David Horowitz, PC                               $272,600
                                                         preme             landlord ignored request for handrail
Milanese v. Pilotti                              2/18    Westchester       Inadequate or Negligent Security : Stab-          Richard L. Giampa and Zachary Giampa, Bronx, NY of Richard L. Giampa,             $250,000
                                                         Supreme           bing blamed on pub's tolerance of past            P.C.
                                                                           troublemaker

DiTalia v. Waldbaum Inc.                         4/15    Queens Su-        Negligent Repair and/or Maintenance :             Edmond J. Pryor, Bronx, NY of Law Offices of Edmond Pryor &; William              $250,000
                                                         preme             Supermarket's patron claimed no notice            C. Clyne, New York, NY, Of Counsel
                                                                           of slippery floor

Fortson v. New Hartford Central School           6/24    Oneida Supreme    Swimming Pool : Girl's near drowning              Brett A. Zekowski, Port Washington, NY of Parker, Waichman, Alonso,               $250,000
District                                                                   caused brain injury, parents claimed              Mark L.L.P.

Rego v. 55 Leone Lane, LLC                       3/5     Orange Su-        Negligent Repair and/or Maintenance :             Evan M. Foulke, Goshen, NY of Foulke Law Offices                                  $241,549
                                                         preme             Building's owner didn't address icy lot,
                                                                           plaintiff alleged
Perez v. New York City Housing Authority         10/28   Bronx Supreme     Negligent Repair and/or Maintenance :             Robert J. Bellinson, New York, NY of trial counsel, Wingate, Russotti &           $240,000
                                                                           Building's owner didn't fix broken tiles,         Shapiro, LLP
                                                                           tenant alleged
Calvert v. Ritter                                4/19    Orange Su-        Negligent Repair and/or Maintenance :             Patrick S. Owen, Goshen, NY of Patrick S. Owen PLLC                               $229,000
                                                         preme             Backyard deck's collapse blamed on rot-
                                                                           ted beam
Houck v. Double M Vending                        12/16   Orange Su-        Negligent Repair and/or Maintenance : Icy         Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates, P.C.                $225,000
                                                         preme             parking lot not addressed, plaintiff claimed
DiLucchio v. Casis Restaurant                    6/23    Suffolk Supreme   Negligent Repair and/or Maintenance               Kenneth R. Shapiro, Carle Place, NY of Philip J. Rizzuto, P.C.                    $225,000
                                                                           : Bistro's entry ramp a slippery hazard,
                                                                           deliveryman alleged


                                                                                                                                                                                         Verdicts Search’s Top NY Verdicts of 2010 49
                                                                                         Premises Liability (cont.)
 CASE                                          DATE    COURT              TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                             AMOUNT
 Morrison v. Fontana                           10/19   Suffolk Supreme    Dangerous Condition : Pizzeria's entryway         Frank A. Andrea, III, Garden City, NY of Andrea & Towsky                        $212,500
                                                                          uneven, hazardous, patron alleged
 Miller v. Michaels                            4/23    Suffolk Supreme    Negligent Repair and/or Maintenance :             Kevin J. Kiley, Great Neck, NY of Kiley, Kiley & Kiley; James D. Kiley, Great   $200,000
                                                                          Neighbors sparred over safety of one's            Neck, NY of Kiley, Kiley & Kiley
                                                                          retaining wall
 Greenberg v. City of New York                 5/5     New York           Negligent Repair and/or Maintenance :             Donte O. Mills, New York, NY of Sullivan Papain Block McGrath & Can-            $179,000
                                                       Supreme            Rec center's wet hoops court a hazard,            navo, P.C.
                                                                          plaintiff alleged
 Burgos v. Estate of Rodal                     6/7     Queens Su-         Negligent Repair and/or Maintenance               Robert Vilensky, New York, NY of Ronemus & Vilensky, L.L.P.                     $175,000
                                                       preme              : Burned plaintiff claimed leaking stove
                                                                          ignited aerosol spray
 Martinez v. Prana Nine Properties, LLC.       6/16    Bronx Supreme      Negligent Repair and/or Maintenance :             Stuart M. Rissoff, Garden City, NY of Law Office of Stuart M. Rissoff           $175,000
                                                                          Building's owner ignored unsafe stairway,
                                                                          tenant alleged
 Chepak v. Peter's Restaurant                  8/5     Bronx Supreme      Negligent Repair and/or Maintenance :             Robert Alan Saasto, Hicksville, NY of Robert Alan Saasto, Attorney at           $175,000
                                                                          Restaurant's patron claimed she slipped           Law
                                                                          in puddle
 Molloy v. Lake Gardens, LLC                   9/16    Nassau Supreme     Negligent Repair and/or Maintenance :             Jonathan A. Baum, Bay Shore, NY of Siben & Siben, LLP                           $175,000
                                                                          Plaintiff fractured ankle in fall at building's
                                                                          dark entryway
 Puzzio v. 2110 Barnes LLC.                    9/30    Bronx Supreme      Negligent Repair and/or Maintenance :             Robert Vilensky, New York, NY of Ronemus & Vilensky, LLP                        $170,000
                                                                          Building's owner ignored uneven sidewalk,
                                                                          neighbor alleged
 Manzano v. WOTC Tenants Corp.                 3/26    New York           Negligent Repair and/or Maintenance :             Leonard J. Linden, New York, NY of Leonard J. Linden, Esq.                      $160,000
                                                       Supreme            Broken gutter led to icy stairs, apartment's
                                                                          visitor alleged
 Phillips v. Town of Colonie                   2/23    Albany Supreme     Dangerous Condition of Public Property            Steven P. Shultz, Albany, NY of Finkelstein, Levine, Gittelsohn & Partners      $150,000
                                                                          : Park's 9-inch-tall curb a hazard, visitor
                                                                          alleged
 Sanchez v. 191 Realty Associates, L.P.        1/29    New York           Negligent Repair and/or Maintenance :             Charles Feinstein, New York, NY of Feinstein & Feinstein; Adam C.               $150,000
                                                       Supreme            Building's operators ignored damaged ceil-        Yanover, Garden City, NY of Yanover & Yanover, trial counsel
                                                                          ing, tenant alleged
 Smith v. 1064 Cauldwell, LLC                  6/16    Bronx Supreme      Negligent Repair and/or Maintenance :        Stuart M. Rissoff, Garden City, NY of Law Office of Stuart M. Rissoff                $150,000
                                                                          Building's dirty, damaged stairway a hazard,
                                                                          tenant alleged
 Pohleven v. Cohen                             4/26    Oneida Supreme     Negligent Repair and/or Maintenance :             Victoria Lieb Lightcap, Liverpool, NY of Finkelstein & Partners, L.L.P.         $140,000
                                                                          Apartment's tenant claimed landlord
                                                                          ignored crumbling steps
 Okonkwo v. RHC Operating LLC.                 5/3     Bronx Supreme      Negligent Repair and/or Maintenance               Andrea V. Borden, New York, NY of Burns & Harris; Seth A. Harris, New           $131,870
                                                                          : Hotel's torn stairway carpet a hazard,          York, NY of Burns & Harris
                                                                          employee alleged
 Golden v. Imperial Parking Systems Inc.       2/1     Bronx Supreme      Negligent Repair and/or Maintenance :             Michael D. Zentner, New York, NY of Petrocelli & Christy                        $125,000
                                                                          Physiatrist claimed career altered by fall
                                                                          on ice
 Herrera-Paz v. Villalobos                     4/22    Queens Su-         Negligent Repair and/or Maintenance :             Christopher J. Purcell, Hauppauge, NY of Reynolds, Caronia, Gianelli,           $110,000
                                                       preme              Defense: Plaintiff walked in icy lot, rather      Hagney, LaPinta L.L.P.
                                                                          than on clear sidewalk
 Gaglia v. Town Sports International           6/30    Kings Supreme      Negligent Repair and/or Maintenance :             Jason Herbert and Ernest N. Reece, New York, NY of Krentsel & Guz-              $110,000
                                                                          Health club's patron tripped on net that          man, LLP
                                                                          divided room
 Bonafede v. City of New York, New York        10/20   Kings Supreme      Negligent Repair and/or Maintenance :             Jason Herbert, New York, NY of Krentsel & Guzman                                $110,000
                                                                          Sanitation station plagued by persistent
                                                                          leaks, suit alleged
 Santiago v. New York City Transit Authority   6/22    New York           Negligent Repair and/or Maintenance :             Christopher L. Vargas, New York, NY of Bader, Yakaitis & Nonnenmacher,          $108,900
                                                       Supreme            Subway rider claimed he slipped on sta-           LLP
                                                                          tion's soapy stairs
 Carmody v. Corbellini                         11/5    New York           Negligent Repair and/or Maintenance :             Robert M. Ginsberg, New York, NY of Ginsberg & Wolf, P.C.                       $100,000
                                                       Supreme            Beach home's deck in disrepair, tenant
                                                                          alleged
 Layou v. State of New York                    3/30    Court of Claims,   Negligent Repair and/or Maintenance :             Thomas F. Shannon, Syracuse, NY of Lynn Law Firm                                $85,000
                                                       Syracuse           Prisoner's buttocks, leg burned during
                                                                          mishap in kitchen

 Viele v. Vyverberg                            1/21    Monroe             Negligent Repair and/or Maintenance :             Robert L. Voltz, Buffalo, NY of Cellino & Barnes P.C.                           $79,043
                                                       Supreme            Building's owner didn't fix broken door,
                                                                          tenant alleged

 Boykin v. Rose Hill Rentals                   2/24    Albany Supreme     Negligent Repair and/or Maintenance :             Steven P. Schultz, Albany, NY of Finkelstein & Partners, L.L.P.                 $75,000
                                                                          Boy struck, hurt when window fell out of
                                                                          frame


50 Verdicts Search’s Top NY Verdicts of 2010
                                                                                          Premises Liability (cont.)
CASE                                             DATE    COURT              TYPE OF ACTION                                  PLAINTIFF'S COUNSEL                                                                AMOUNT
Derrick v. City of NY                            4/22    Kings Supreme      Negligent Repair and/or Maintenance             Alex Nocerino, New York, NY of Greenstein & Milbauer P.C.                          $75,000
                                                                            : Elevator's doors snatched and broke
                                                                            plaintiff's finger
Lee v. InSpa World                               12/1    Queens Su-         Dangerous Condition : Day spa didn't            Robert Alan Saasto, Hicksville, NY, trial counsel, Sim & Park, LLP, New            $70,000
                                                         preme              provide mats to prevent fall, suit alleged      York, NY
Tambone v. Powelton Club                         12/9    Matter not filed   Dangerous Condition : Country club's            Richard Greenblatt, Poughkeepsie, NY of Rutberg & Associates P.C.                  $70,000
                                                                            dark entryway a hazard, guest alleged
Freud v. St. Agnes Cathedral School              4/13    Queens Su-         Failure to Warn : Plaintiff tripped on con-     Peter S. Thomas, Forest Hills, NY of Peter S. Thomas, P.C.                         $65,000
                                                         preme              struction debris in school's yard
Grabinksi v. Greene HealthCare Associates Inc.   3/12    Greene Su-         Negligent Repair and/or Maintenance :           Howard L. Wexler, New York, NY of Herzfeld & Rubin, P.C.                           $60,000
                                                         preme              Plaintiff claimed she hurt back falling out
                                                                            of elevator
Kim v. InSpa World                               11/23   Queens Su-         Negligent Repair and/or Maintenance :           Robert Alan Saasto, Hicksville, NY of Robert Alan Saasto, Attorney at              $60,000
                                                         preme              Spa facility didn't guard against slippery      Law
                                                                            floors, patron alleged
Delgado v. State of New York                     6/28    Court of Claims,   Negligent Repair and/or Maintenance :           David Pomerantz, New York, NY of New York, NY, trial counsel, Paul G.              $50,000
                                                         Albany             Courthouse's cardboard 'mat' a hazard,          Vesnaver, Baldwin, NY
                                                                            visitor alleged
Overbaugh v. 20 Mall at Guilderland              2/4     Albany Supreme     Negligent Repair and/or Maintenance :           Steven P. Shultz, Albany, NY of Finkelstein & Partners                             $45,000
                                                                            Mall's cracked walkway a hazard, patron
                                                                            alleged
Breindel v. JCC of Mid-Westchester               2/9     Westchester        Negligent Repair and/or Maintenance : In-       Laurence J. Sass, New York, NY                                                     $45,000
                                                         Supreme            door swimming facility's tiled hall a hazard,
                                                                            plaintiff alleged
Balliro v. NYC Transit Authority                 5/17    New York           Negligent Repair and/or Maintenance :           Nicholas I. Timko, New York, NY of Kahn, Gordon, Timko & Rodriques,                $42,500
                                                         Supreme            Subway station's patron claimed danger-         P.C.
                                                                            ous step was ignored
Maiello v. Albany Medical Center                 8/9     Albany Supreme     Negligent Repair and/or Maintenance :           Nancy Y. Morgan and Kristine Cahill, Newburgh, NY of Finklestein &                 $35,000
                                                                            Hospital's freshly mopped floor a hazard,       Partners, LLP
                                                                            plaintiff alleged
Nadeau v. ShoppingTown Mall LP                   6/2     Onondaga           Negligent Repair and/or Maintenance :           Jason Denny, Syracuse, NY of Alexander & Catalano, L.L.P.; Timothy R.              $25,000
                                                         Supreme            Mall's patron claimed ceiling's leak wasn't     Mandronico, Syracuse, NY of Alexander & Catalano, L.L.P.
                                                                            addressed
Williams v. Heera                                8/3     Queens Su-         Negligent Repair and/or Maintenance :           Mark A. Panzavecchia, Garden City, NY of Panzavecchia & Associates                 $25,000
                                                         preme              Stacked scrap wood created a backyard           PLLC
                                                                            hazard, suit alleged
Swieck v. Syracuse Orthopedic Specialists        2/26    Onondaga           Negligent Repair and/or Maintenance :           Frank A. Bersani, Jr., Syracuse, NY of Law Office of Frank A. Bersani, Jr.         $24,000
                                                         Supreme            Doctor's office ignored shabby sidewalk,
                                                                            patient alleged
Stone v. JMED Holdings LLC                       10/27   New York           Dangerous Condition : Plaintiff recovered       Robert K. Erlanger, New York, NY of Erlanger Law Firm                              $10,000
                                                         Supreme            from fall in nightclub, defense argued
Spencer v. Broadway Plaza Inc.                   11/30   Kings Supreme      Negligent Repair and/or Maintenance             Anthony Iadevaia, New York, NY of Law Office of Anthony Iadevaia                   $7,500
                                                                            : Store didn't clear icy sidewalk, patron
                                                                            alleged




                                                                                          Products Liability
CASE                                             DATE    COURT              TYPE OF ACTION                                  PLAINTIFF'S COUNSEL                                                                AMOUNT
Barnhard v. Cybex International Inc.             12/7    Erie Supreme       Design Defect : Physical therapist's neck       Kevin J. English, Buffalo, NY office and Michael R. Law, Rochester, NY off-        $65,994,304
                                                                            crushed by exercise machine                     fice of Phillips Lytle LLP

Doe v. Krimsky                                   7/16    U.S. District      Manufacturing Defect : Infant's penis par-      John L. Juliano, East Northport, NY of John L. Juliano P.C.; David J.              $10,777,071
                                                         Court, Eastern     tially severed by circumcision clamp            Llewellyn, Atlanta, GA of Johnson & Ward
                                                         District

Bush v. Merola                                   5/14    Queens Su-         Design Defect : Surgery's fatal outcome         Gary J. Douglas and Nicholas E. Warywoda, New York, NY of Douglas &                $8,500,000
                                                         preme              blamed on defective instrument                  London, P.C.

Boles v. Merck & Co. Inc.                        6/25    U.S. District      Design Defect : Fosamax's use led to            Gary J. Douglas, New York, NY of Douglas & London, P.C & Timothy M.                $8,000,000
                                                         Court, Southern    necrosis of jaw, plaintiff alleged              O'Brien, Pensacola, FL of Levin Papantonio Thomas Mitchell Rafferty &
                                                         District                                                           Proctor, P.A.

Jacobson v. McNeil Consumer & Specialty          9/30    New York           Design Defect : Drug caused fatal peeling       Keith M. Jensen, Fort Worth, TX of Jensen, Belew & Gonzalez, PLLC                  $3,780,000
Pharmaceuticals                                          Supreme            of child's skin, suit alleged

Lederman v. Federated Department Stores          4/9     Richmond           Design Defect : T-shirt dangerously flam-       Martin Rubenstein, Staten Island, NY of Law Offices of Howard M. File,             $300,000
                                                         Supreme            mable, plaintiff alleged                        Esq. P.C.

Siskar v. Albany Door Systems                    7/26    Erie Supreme       Automatic Door : Rolling door wouldn't          Gregory Stamm, Williamsville, NY of Stamm, Reynolds & Stamm; Thomas                $275,043
                                                                            retract, caused injury, plaintiff alleged       C. Pares, Buffalo, NY of Thomas Pares, Esq

                                                                                                                                                                                         Verdicts Search’s Top NY Verdicts of 2010 51
                                                                                   Real Estate Transactions
 CASE                                            DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                          AMOUNT
 Wilson v. Lorge                                 7/6     Kings Supreme     Contracts : Co-op's sellers kept down             David H. Perlman, Brooklyn, NY of David H. Perlman, Esq.                     $654,000
                                                                           payment when sale went sour
 Tsor v. Warner                                  10/21   Kings Supreme     Contracts : Property's seller backed out          Joseph Gillette, Queens Village, NY of Ginsburg & Misk                       $115,847
                                                                           for higher bid, plaintiff alleged


                                                                                                   School
 CASE                                            DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                          AMOUNT
 A.Z. v. Pine Plains Central School District     3/12    U.S. District     Racial Discrimination : School slow to            Stephen Bergstein and Helen G. Ullrich, Chester, NY of Bergstein &           $1,250,000
                                                         Court, Southern   respond to harassment, student alleged            Ullrich
                                                         District
 Gonzalez v. City of NY                          4/30    Bronx Supreme     Negligent Supervision : Teacher didn't stop       Robert J. Bellinson, New York, NY of Wingate, Russotti & Shapiro, LLP        $375,000
                                                                           gym-class dustup, student alleged
 Millares v. Pelham Parkway Jewish Center Inc.   3/16    Bronx Supreme     Negligent Supervision : Physiatrist not           Stuart R. Lang, New York, NY                                                 $300,000
                                                                           watchful of child patient, suit alleged
 Seeley v. Mahopac C.S.D.                        9/10    Putnam Su-        Negligent Supervision : Girl's neck dislo-        Richard Sulzman, New York, NY of Jay H. Tanenbaum                            $250,000
                                                         preme             cated in school-yard dustup


                                                                                            Transportation
 CASE                                            DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                          AMOUNT
 Cuadrado v. New York City Transit Authority     5/5     New York          Bus : Bus's rider claimed sudden jolt             Roy C. Gordon, Garden City, NY of Costella & Gordon LLP                      $520,000
                                                         Supreme           caused fall, injuries
 Patton v. Gray Line New York Tours Inc.         4/21    New York          Bus : Bus's passenger claimed spiral stair-       G. Oliver Koppell, New York, NY of the Law Offices of G. Oliver Koppell      $185,000
                                                         Supreme           way a hazard                                      & Associates
 Polanco v. New York City Transit Authority      9/20    New York          Subway : Subway's passenger claimed               Michael Russo, New York, NY of trial counsel, Zuller & Bondy                 $30,000
                                                         Supreme           doors closed too quickly


                                                                                      Workplace Accidents
 CASE                                            DATE    COURT             TYPE OF ACTION                                    PLAINTIFF'S COUNSEL                                                          AMOUNT
 Ortiz v. AWL Industries Inc.                    10/27   New York          Labor Law : Shaky ladder blamed for               Howard S. Hershenhorn, New York, NY of Gair, Gair, Conason, Steigman         $8,625,000
                                                         Supreme           worker's fatal fall                               & Mackauf
 Singh v. City of New York                       6/28    Kings Supreme     Labor Law : Plaintiff broke neck, skull in fall   Peter Pearson Traub, Jr., New York, NY of New York, NY, trial counsel, Law   $6,500,000
                                                                           from ladder                                       Offices of Damon Stevens, Brooklyn, NY
 St. Jean v. Korean Air Lines Co. Ltd.           10/22   Queens            Forklift : Trucker claimed forklift accident      Daniel A. Thomas, New York, NY of Law Offices of Daniel A. Thomas, P.C.;     $5,462,716
                                                         Supreme           ended career                                      Paul J. Edelstein, New York, NY of The Edelsteins, Faegenburg & Brown,
                                                                                                                             New York, NY, trial counsel, Lance E. Barnett
 Soba v. Cablevision Systems Corp.               5/10    Queens            Labor Law : Worker broke leg in fall from         David H. Perecman, New York, NY of The Perecman Firm, P.L.L.C.               $5,003,802
                                                         Supreme           'inappropriate' ladder
 Espinal v. 1157 East 156th Street LLC           6/1     Bronx Supreme     Labor Law : Worker's 14-foot fall caused          Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C.         $4,370,000
                                                                           elbow fracture, bulging disc

 Williams v. City of New York                    6/24    Bronx Supreme     Labor Law : Workplace fall led to spinal          S. Joseph Donahue and Kareem R. Vessup, New York, NY of Block                $4,011,000
                                                                           fusion, plaintiff alleged                         O'Toole & Murphy LLP

 Sinchi v. City of New York                      10/4    Queens            Labor Law : Shaky ladder not adequate for         Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC                   $2,600,000
                                                         Supreme           reaching ducts, worker claimed

 Parraguirre v. 27th St Holding, LLC.            9/21    Bronx Supreme     Labor Law : Worker's arms broken in 25-           Jonathan O. Michaels, Bronx, NY of Pena & Kahn, PLLC                         $2,000,000
                                                                           foot fall from roof

 Riffo-Velozo v. Village of Scarsdale            12/10   Westchester       Labor Law : Worker broke heel, wrist in           Michael Arce and Yolanda Castro-Arce, Bronx, NY of The Arce Law Of-          $1,375,000
                                                         Supreme           fall from ladder                                  fice, PLLC

 Seda v. Epstein                                 10/20   Bronx Supreme     Labor Law : Window washer's fall blamed           Jason Shapiro, Bronx, NY of Shapiro Law Offices, PLLC, Bronx, NY, trial      $1,250,000
                                                                           on defective window frame                         counsel, Steven R. Harris & Associates, New York, NY
 Nersisyan v. Deitsch Realty Corp                9/30    Kings Supreme     Labor Law : Unshielded table saw sliced           Souren A. Israelyan, New York, NY                                            $1,035,000
                                                                           carpenter's finger
 Mondello v. County of Nassau                    12/16   Nassau Supreme    Labor Law : Worker claimed shaky ladder           James J. McCrorie, Jericho, NY of Fanning & McCrorie, P.C.                   $950,000
                                                                           wasn't suitable for job
 Contreras v. Accent Development Corp.           7/14    Westchester       Labor Law : Worker hit by falling tree            Dino J. Domina, Huntington, NY of Dino J. Domina, PC, Huntington, NY,        $500,000
                                                         Supreme           while clearing property                           of counsel, Ronemus & Vilensky, New York, NY
 Galvan v. Iron Horse One Inc                    9/27    Nassau Supreme    Labor Law : Worker fractured spine in fall        Eric H. Morrison, New York, NY of Morrison & Wagner                          $500,000
                                                                           off of forklift

•This chart is based on cases reported by VerdictSearch New York, an affiliate of the New York Law Journal.
The verdicts are reported as issued after trial. The summaries and listings do not include whether post-trial motions or appeals have been decided or are pending
••The list includes awards involving injuries only to one plaintiff in each case and claims that derive from those injuries
52 Verdicts Search’s Top NY Verdicts of 2010
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