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.

Plaintiff is a 65 year old man who was injured when walking to his car parked on the street in front of a house he was visiting. Plaintiff was struck and knocked to the ground by an unidentified driver. Plaintiff reported the accident to the police and sought evaluation at the hospital. Plaintiff did not treat for one month after the accident as he was suffering from unrelated physical ailments. When plaintiff did seek treatment it was determined he suffered a torn ligament in his hip. Plaintiff’s doctor opined that the only remedy was surgery and plaintiff was not a candidate because of his COPD. Defendant contested the validity of the occurrence as well as the causation of the injury. Defendant cited the plaintiff’s previous injuries and accidents claiming his hip injury was a consequence of prior falls as well related to his history of arthritis.

Plaintiff was a 26 year old male who died during a house fire occurring in Suffolk County. The defendant, who is the owner of the house admitted that she could not credibly testify the smoke detectors were operational as they were not checked regularly. Defendant home owner also admitted that the batteries used in the smoke detectors were never changed to her knowledge. Counsel for the defendant alleged that the plaintiff engaged in culpable conduct in the origin and subsequent spreading of the fire. Counsel also attempted to limit damages by emphasizing plaintiff did not have any dependents.

Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff's injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.

Plaintiff's surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.

Plaintiff is a 54 year old woman who was exiting her motor vehicle when she slipped and fell on ice and snow in defendant's parking lot. Plaintiff sustained a fracture of her left ankle requiring surgery. Defendant claimed that they plowed, sanded and salted the parking in a reasonable manner and furthermore plaintiff did not suffer any residual limitations from the injury and resulting surgery.

Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff's car.

Defendant struck the plaintiff's stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.

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.

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 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.