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DeCicco, Gibbons & McNamara, P.C.
Notable Verdicts
VERDICT: DEFENSECASE: Apinorasethkul v. Turkel, et al.COURT: Supreme KingsJUDGE: Larry B. MartinDATE: August 15, 2019Plaintiff alleged herniated cervical and lumbar discs arising from a rear-end MVA. Plaintiff was awarded summary judgment on liability; the trial was on the issue of damages. The demand was $50,000 (policy limit). The offer was $20,000. The jury returned a defense verdict, finding plaintiff had not sustained a “serious injury” within the definition of the New York Insurance Law.
VERDICT: DEFENSECASE: Berenda v. OstashinskayaCOURT: Supreme KingsJUDGE: Mark I. PartnowDATE: December 6, 2018Plaintiff bicyclist alleged defendant driver ran a red light and struck him. Defendant claimed she had the right of way. Plaintiff suffered a knee injury requiring arthroscopic repair surgery. The demand was $100,000 (policy limit). The offer was $50,000. The jury returned a verdict in favor of the defendant on the issue of liability.
VERDICT: DEFENSECASE: Walker v. Slattery SkanskaCOURT: Civil QueensJUDGE: Larry LoveDATE: June 16, 2016Plaintiff construction worker claimed a traumatic brain injury, resulting in a permanent total disability, following a workplace accident. The demand was $900,000. The offer was $450,000. The jury returned a verdict in favor of the defendant on the issue of liability.
VERDICT: $1,000 – ($10,000, reduced by 90 percent for plaintiff’s comparative negligence)CASE: Surita v. New York City Housing AuthorityCOURT: Supreme BronxJUDGE: George FriedmanDATE: December 14, 2001Plaintiff tenant slipped and fell due to a condition of ice on a New York City Housing Authority walkway, allegedly sustaining a herniated disc in her lumbar spine. Defendant claimed lack of notice of the alleged condition. The demand was $300,000. Defendant offered $50,000. The jury found defendant was 10 percent negligent and plaintiff was 90 percent negligent in the happening of the accident. The damages award of $10,000 was therefore reduced to $1,000. (The case later settled for $15,000.)
VERDICT: DEFENSECASE: Oliveros v. R & L Poningo Corp.COURT: Supreme WestchesterJUDGE: John P. DiBlasiDATE: May 8, 1997Three-year-old daughter of tenant fell out of second-floor apartment window, sustaining a fractured skull and alleged cognitive impairments. Plaintiff’s parents claimed the window was inoperable in that it could not be closed. Defendant claimed lack of notice. Plaintiffs’ demand was $500,000. Defendant’s offer was $15,000. The jury’s verdict was is favor of the defendant on the issue of liability.
VERDICT: DEFENSECASE: Calabrese v. ChanCOURT: Supreme KingsJUDGE: Ronald J. AielloDATE: December 20, 1995Plaintiff alleged herniated and bulging discs in his lumbar spine arising from a motor-vehicle accident in which the defendant disobeyed a stop sign. Plaintiff’s demand was $500,000 (policy limit). Defendant offered $200,000. Following the trial of liability, the jury found defendant responsible for the accident. At the trial of damages, the jury awarded a defense verdict, finding plaintiff had not proved a “serious injury.” [Plaintiff appealed from the adverse verdict. The Appellate Division affirmed the Judgment in defendant’s favor: 244 A.D.2d 376, 665 N.Y.S.2d 541 (2nd Dept. 1997).]
VERDICT: DEFENSECASE: Berenda v. OstashinskayaCOURT: Supreme KingsJUDGE: Mark I. PartnowDATE: December 6, 2018Plaintiff bicyclist alleged defendant driver ran a red light and struck him. Defendant claimed she had the right of way. Plaintiff suffered a knee injury requiring arthroscopic repair surgery. The demand was $100,000 (policy limit). The offer was $50,000. The jury returned a verdict in favor of the defendant on the issue of liability.
VERDICT: DEFENSECASE: Walker v. Slattery SkanskaCOURT: Civil QueensJUDGE: Larry LoveDATE: June 16, 2016Plaintiff construction worker claimed a traumatic brain injury, resulting in a permanent total disability, following a workplace accident. The demand was $900,000. The offer was $450,000. The jury returned a verdict in favor of the defendant on the issue of liability.
VERDICT: $1,000 – ($10,000, reduced by 90 percent for plaintiff’s comparative negligence)CASE: Surita v. New York City Housing AuthorityCOURT: Supreme BronxJUDGE: George FriedmanDATE: December 14, 2001Plaintiff tenant slipped and fell due to a condition of ice on a New York City Housing Authority walkway, allegedly sustaining a herniated disc in her lumbar spine. Defendant claimed lack of notice of the alleged condition. The demand was $300,000. Defendant offered $50,000. The jury found defendant was 10 percent negligent and plaintiff was 90 percent negligent in the happening of the accident. The damages award of $10,000 was therefore reduced to $1,000. (The case later settled for $15,000.)
VERDICT: DEFENSECASE: Oliveros v. R & L Poningo Corp.COURT: Supreme WestchesterJUDGE: John P. DiBlasiDATE: May 8, 1997Three-year-old daughter of tenant fell out of second-floor apartment window, sustaining a fractured skull and alleged cognitive impairments. Plaintiff’s parents claimed the window was inoperable in that it could not be closed. Defendant claimed lack of notice. Plaintiffs’ demand was $500,000. Defendant’s offer was $15,000. The jury’s verdict was is favor of the defendant on the issue of liability.
VERDICT: DEFENSECASE: Calabrese v. ChanCOURT: Supreme KingsJUDGE: Ronald J. AielloDATE: December 20, 1995Plaintiff alleged herniated and bulging discs in his lumbar spine arising from a motor-vehicle accident in which the defendant disobeyed a stop sign. Plaintiff’s demand was $500,000 (policy limit). Defendant offered $200,000. Following the trial of liability, the jury found defendant responsible for the accident. At the trial of damages, the jury awarded a defense verdict, finding plaintiff had not proved a “serious injury.” [Plaintiff appealed from the adverse verdict. The Appellate Division affirmed the Judgment in defendant’s favor: 244 A.D.2d 376, 665 N.Y.S.2d 541 (2nd Dept. 1997).]
Contact Us
Mail: DeCicco, Gibbons & McNamara, P.C. 5043 207th Street, Lower Level Oakland Gardens, NY 11364
Phone: (212) 447-1222
Fax: (347) 448-3132
Fax: (347) 448-3132
Email: William A. Fitzgerald, Esq.: wfitzgerald@dgmlaw.com Jason Marr, Paralegal: jrmarr@dgmlaw.com