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Motions

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Appeals

Construction workers’ multi-million dollar verdict upheld
Janda v. Michael Rienzi Trust, 78 AD3d 899, 912 NYS2d 237 [2d Dept. 2010].

An illegal Polish immigrant was injured while performing construction work on the defendant’s premises. The defendant argued that he was not entitled to his lost earnings claim because he was illegal and contended that he was not disabled. The jury, in a unanimous verdict in Queens County, found otherwise, and both the lower court and the appellate division upheld the majority of the verdict.

Defendant Old Navy may be responsible for Employee’s Death
Ruiz v. Griffin, 71 AD3d 1112, 898 NYS2d 590 [2d Dept. 2010].

The Appellate Division reversed the lower court’s decision dismissing the case against Old Navy. A man with a rifle shot and killed an employee of Old Navy while being escorted to his car by Old Navy agents. The two agents had no security training and left the plaintiff alone as they approached the car so they could get cigarettes. Old Navy had the plaintiff park in same spot every day to catch the perpetrator, which also let the perpetrator know where to find the plaintiff. Whether Old Navy knew or should have known that a third person may cause harm to the plaintiff and failed to take reasonable action, and whether Old Navy increased the risk of injury were issues of fact to be decided by the jury, not the Court.

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Verdicts

$1.1 Million Settlement
7-year-old girl was repeatedly molested by a 14 year old male student while the teacher had her back turned despite the teenager’s known history of inappropriately touching female students.

$ 750,000 Settlement
86-year-old Brooklyn woman while in the crosswalk, was struck and killed by a driver who deliberately went through the red light in his dump truck. This award was the full policy limit of defendant’s insurance.

$4,500,000 medical malpractice verdict for 55 year old man who suffered massive internal bleeding and brain injury because the surgeon negligently cut the common iliac artery during a lumbar surgery. The anesthesiologist was also negligent for failing to communicate signs of internal bleeding to the surgeon during the operation.

$3,500,000 medical malpractice settlement for a 56 year old man who suffered partial paralysis as a result of a Suffolk County hospital’s failure to timely diagnose and treat a brain infection.

$3,500,000 settlement against a physician and hospital in Queens for failing to timely recognize fetal distress and timely perform a Caesarean section, resulting in brain injury to the infant and injuries to the mother during delivery.