WILLIAM GARCIA V. NEW YORK CITY TRANSIT AUTHORITY
Slip and Fall
Facts:On March 6, 2003,
plaintiff slipped while walking on a stairway which led to a subway station at
West 207th Street. He alleged that the New York City Transit Authority was
negligent in its maintenance of the premises which created a dangerous
condition. Plaintiff claimed to have slipped on snow but acknowledged the
stairway was shoveled. Plaintiff sought damages for a fractured right leg and a
torn meniscus.
Verdict: The jury rendered a defense verdict 1/26/11.
(Attorney – Jeoungson Kim)
JEANNA SCANLON V. THE NEW YORK CITY TRANSIT AUTHORITY
Premises Liability
Facts: On February 17, 2005,
plaintiff tripped on a subway platform location at Broadway and West 168th
Street. She alleged that the New York City Transit Authority was negligent in
its maintenance of the premises which created a dangerous condition. Plaintiff
sought damages for a damaged tooth, fractured nose and a herniated disc.
Verdict: The jury rendered a defense verdict 5/26/11.
(Attorney – Jeoungson Kim)
TORIN HYLOR, SIMONE BROADNAX V. VERIZON COMMUNICATIONS,
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., & THE CITY OF NEW YORK
Negligent Repair
Facts: On August 9, 2000,
plaintiffs were riding a motorcycle together when they hit a series of bumps
and depressions in the road causing the driver to lose control and the
motorcycle to overturn. Plaintiffs sought damages for severe road rash, second
and third degree burns, and abrasions and scaring to multiple areas of their
body.
Verdict: The jury rendered a defense verdict 11/19/10.
(Attorney – Michael V. Campanile)
RAFAEL BONZON V. THE NEW YORK CITY TRANSIT AUTHORITY
Premises Liability
Facts: On May 9, 2007, plaintiff
tripped and fell down a flight of stairs that led to the 103rd Street subway
station at Lexington Avenue. The plaintiff claimed that the New York City
Transit Authority was negligent in its maintenance of the premises. Plaintiff
argued that the stairs could have been safer if there were stairs on both
sides. Plaintiff sought damages for a broken nose, dislocated finger and
headaches.
Verdict: The jury rendered a defense verdict 9/29/10.
(Attorney – Barry M. Viuker)
MARIA TRETTER V. TOWN OF NEW HARTFORD AND SHANE YOXALL
Excessive Force
Facts: On July 4, 2007,
plaintiff was involved in a dispute with her boyfriend who bent her car key so
she could not start the vehicle. Plaintiff contacted the police who arrived and
arrested her for driving while intoxicated. The plaintiff claimed the officers
used excessive force when arresting her. Plaintiff sought damages for a
fractures wrist and emotional distress.
Verdict: The jury rendered a
defense verdict 6/23/10. (Attorney – Carl S. Sandel)
NELSON
SEGARRA AND WANDA ALERS-GRIGG V. NATIONWIDE MAINTENANCE INC. AND PETER
DEORTENTIS
Motor Vehicle Injury
Facts: On August 15, 2005,
plaintiff, a truck driver, was driving on the Bruckner Expressway. His
vehicle’s was rear-ended by a pickup truck that was driven by the defendant.
The plaintiff claimed to have sustained injuries to his ankle, knee, leg, thigh
and back. Plaintiff sought medical expenses, lost earnings, and pain and
suffering.
Verdict: The jury rendered a defense verdict 11/23/09. (Attorney –
Kenneth E. Pitcoff)
WAITE-BURKE V. NYCTA & MANHATTAN & BRONX SURFACE TRANSIT OPERATION
AUTHORITY
Motor Vehicle Injury
Facts: On October 3, 2005,
plaintiff was a passenger on an accordion bus traveling between West 122nd and West 123rd streets in Manhattan. She claimed to have been thrown
to the floor of the bus while it was moving and alleged she sustained injuries
to her back, knee and shoulder. Plaintiff sought lost earnings, future lost
earnings, physician’s expenses and hospital expenses.
Demand: $100,000
Verdict: The jury found that
plaintiff had not sustained a serious injury, 7/9/09. (Attorney –
Danielle M. Peterson)
MICHAEL DEGENNERO V.
THE NEW YORK CITY TRANSIT AUTHORITY
Motor Vehicle Injury
Facts: Plaintiff claimed that while riding as a passenger on a public
bus on March 13, 2007 at approximately 4:00 P.M. on 42nd Street between Eighth
and Ninth Avenues, that the bus made an abrupt stop, causing him to lose his
footing and sustain a severe injury to the head. Diagnostic tests revealed that
plaintiff had sustained a brain hemorrhage, which lead to the constant
recurrence of seizures, in addition to cognitive difficulties, language difficulties
and difficulties in higher functioning. Plaintiff sought recovery of damages in
the amount of ten million dollars ($10,000,000.00) for his past and future pain
and suffering.
Verdict: The jury rendered a defense verdict, 10/30/09. (Attorney
– Joseph F. Dunne)
JOHN YODICE V. THE NEW
YORK CITY TRANSIT AUTHORITY AND "JOHN DOE"
Motor Vehicle Injury
Facts: Plaintiff, John
Yodice, claimed that on August 23, 2003 while riding as a passenger on a public
bus on Richmond Avenue in Richmond, New York, the bus made a sudden stop,
propelling him forward at which point he struck the bus’s windshield. Plaintiff
ultimately claimed that he suffered a strain of his back, radiculopathy that
stemmed from his spine’s C5 and C6 levels, and gliosis. He also claimed that his
head’s injury led to post-traumatic stress disorder, post-concussion syndrome,
vertigo, blurring of his vision, impairment of his auditory and visual
perception, impairment of his neuropsychological functions, and significant,
broad-based impairment of cognitive functions such as his memory and speech.
Demand: $750,000
Offer: None
Verdict: The jury rendered a defense verdict. It found that Timothy
Fithian, the bus’s driver was not negligent, 8/5/09. (Attorney – Michael
V. Campanile)
MATTHEW KOZIARZ v. THE
NEW YORK CITY TRANSIT AUTHORITY, MABSTOA and MICHAEL BRUSCELLA
Motor Vehicle Accident
Facts: Plaintiff, Matthew
Koziarz, claimed that on December 17, 2002 he was struck by a bus operated by
Michael Bruscella on Madison Avenue in Manhattan, causing him to sustain a
degloving injury of his right leg. He also sustained a bimalleolar fracture--a
fracture of both sides of the ankle's malleolus, which is the ankle's bony
protuberance. Plaintiff sought recovery of a total of $5 million for his past
and future pain and suffering.
Demand: $1,500,000
Offer: None
Verdict: Defense verdict for The New York City Transit Authority and
Michael Bruscella. The jury found that Bruscella was not negligent, 7/8/09.
(Attorney – Kevin G. Faley)
FRANCES L. WALL V. THE
TOWN OF NISKAYUNA
Municipal Liability
Facts: In 1999, Plaintiff,
Frances Wall, a police sergeant employed by the town of Niskayuna, learned that
two other sergeants, Thomas Constantine and Lewis Moskowitz, had been promoted
to lieutenant. Wall was in her 15th year with the police department and had
four years of seniority over both men.
In 2001,
two other lieutenant positions became available. Wall and four other sergeants
applied, and she received the third-best score on the civil-service exam. The
promotions were awarded to two men, one with a lower test score.
In 2004,
another lieutenant position became available. Once again, Wall and a male
sergeant applied and she received a higher test score. The male received the
promotion.
In 2005,
Wall was denied another lieutenant position, which was given to a male who did
not take the required exam.
Wall sued
the town alleging gender-based discrimination. She also claimed retaliation as
a result of her lawsuit.
Demand: $750,000.00
Offer: $250,000.00
Verdict: The jury rendered a defense verdict. It found that Wall was not
subjected to discrimination, 5/23/09. (Attorney - Kenneth E. Pitcoff and Carl
S. Sandel)
ROSALIND COLE V. MARC
JOHNSON D.D.S. LENOX HILL HOSPITAL AND RICHARD G. GRAY, D.M.D.
Medical Liability
Facts: On May 5, 2003, plaintiff Rosalind Cole, 73, a literary agent,
was presented to Dr. Marc Johnson. Cole reported that she was suffering pain
that stemmed from the lower portion of the left side of her mouth. Johnson
performed X-rays, and he determined that Cole was suffering severe decay of
several teeth, though he did not detect an infection. On May 14, 2003, Cole was
presented to the office of an oral surgeon, Dr. Richard Gray. She was evaluated
by Gray’s partner, who recommended extraction of several teeth. On May 19,
2003, Gray reexamined Cole and opined that Cole was suffering an intra-oral
abscess that was causing significant swelling, and he recommended
hospitalization and the administration of intravenous antibiotics. Cole
consulted her primary physician, who issued a referral to Lenox Hill Hospital,
in Manhattan. Cole suffers permanent lockjaw and fibrosis of the masseter
muscle surrounding the jaw. As a result, her mouth cannot be opened beyond 2
millimeters. The case’s experts agreed that the condition is permanent and a
product of muscular damage that was caused by the abscess and the infection
Demand: $2,000,000 (total, from all defendants)
Offer: None
Verdict: The jury rendered a defense verdict, 2/18/2009. (Attorney
– Philip Smith, for Marc Johnson D.D.S.)