No-Fault Recovery

Facts: Plaintiff was driving his motor vehicle straight when defendant, who was legally drunk, crossed over a divider and struck the plaintiff's car head on. Plaintiff was the only occupant in the car and died instantly. Plaintiff had dependent wife and teenage son.

Plaintiff is a 50 year old man who was doing repair work on a residential residence in Suffolk County. He was on a ladder when several bricks in the patio supporting the ladder gave way causing him to fall to the ground. The homeowner was negligent due to the improper construction and maintenance of the brick patio. Plaintiff suffered injuries to his pelvis, back, neck and legs and is disabled from future work.

Facts: Plaintiff is a 65 year old male driving his motor vehicle at approximately 3:00 a.m. when a tour bus pulled out from a parking lot. Plaintiff was driving straight and struck the middle of the tour bus on the driver's side. Defendant claimed that he was stopped in the roadway waiting to make a left hand turn and plaintiff had ample to see the tour bus and avoid a collision.

Defendant additionally argued the reflectors on the side of the bus would make the bus clearly visible and that plaintiff was fatigued from work. Plaintiff suffered broken ribs and a fractured hip requiring an open reduction and necessitating plaintiff walk with the assistance of a cane.

Facts: Plaintiff is a 38 year old livery cab driver. He parked his car at the end of his shift in the dispatch garage and was walking to the office. Another car entered the garage at an unreasonable speed and skidded on oil that was left pooling by the owner of the garage. The car pinned plaintiff up against the garage wall breaking his left tibia and fibula and causing him to suffer permanent limp.

Defendants claimed there was a safe egress from the garage and plaintiff was responsible for putting himself in harm's way. Additionally, defendants submitted surveillance video of plaintiff participating in recreational sports.

Plaintiff is a 33 year old man who was riding his bicycle through an intersection when he was struck by a motor vehicle and injured his left knee. Plaintiff suffered a torn ACL requiring surgery an extensive rehabilitation. Plaintiff's injury resulted in a 1 inch atrophy of the left quadriceps muscle. Defendant claimed his motor vehicle was stopped at a red light when plaintiff rode off the sidewalk and struck the right front quarter panel of the vehicle.

Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.

Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.

Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff's motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff's own doctors he made an excellent recovery and suffered no restrictions.

Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.

Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.

Defendant claimed that the plaintiff's injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.

Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.