Orthopedic and Brain injury: Prior Case Results

Our results speak volumes about the amount of dedication and hard work we devote to our brain injury and orthopedic injury clients.

Contact us today for more information on how we’ve helped clients in New York and throughout the country and to find out what we can do for your family.

WRONGFUL DEATH CASES

Client v. State of New York - October 2012
$2.5 Million Settlement during Trial

Our client was a 39 year old plumber who was involved in a car accident. While driving home, he encountered a large body of standing water in the roadway that was adjacent to the Hudson River. Unable to avoid the water, he hydroplaned, lost control of his car striking a pole. As a direct result of the car accident, he suffered extensive internal injuries resulting in his wrongful death. Investigation revealed that drainage system was designed in a way that the outlet pipe for the storm sewer would become submerged under the river’s water at high tide causing the River’s water to back up into the roadway It was further determined that employees of the State of New York were aware of this problem for at least 18 years before the client’s accident and that there had been several prior similar accidents in the same location.

TRAUMATIC BRAIN INJURY CASES

Client v. Home Depot USA Inc. - May 2013
$1.4 Million Arbitration Award

The client was a 49 year old woman working making keys within a Home Depot store when a Home Depot employee, removing merchandise from an 18 foot high shelf, knocked a 6 pound box off the shelf which struck our client in the head. The client sustained a concussive brain injury which resulted in her experiencing permanent cognitive difficulties and being rendered permanently disabled. Her recovery was complicated due to the fact that she had suffered from depression earlier in her life. Despite its employee admission that he knocked the merchandise off the shelf and that our client bore no fault, Home Depot refused to accept responsibility for the accident. Additionally, despite acknowledging our client sustained a concussive brain injury, Home Depot claimed that our client’s continuing cognitive impairment was due to depression that client had experienced over 15 years earlier. By retaining highly credentialed expert witnesses and providing the judge extensive medical literature pertaining to how pre-existing depression can complicate recovery from a brain injury, the judge awarded our client the sum of $1.4 million

Client v. BBL Construction - June 2007
$1.95 Million Settlement

Our client was a 54-year-old plumber working on a construction site. While on a scaffold, the scaffold tipped over causing our client to fall where he struck his head on a concrete floor. As a result of the construction accident, our client was unable to return to work. Through advanced MRI and Pet Scan imaging, we were able to successfully demonstrate that the client had sustained a traumatic brain injury. In mediation, we obtained a settlement in the amount of over 1.95 million dollars.

Client v. Enterprise Rental Car - December 2005
$1.25 Million Settlement

Our client was a 49-year-old pedestrian that was struck by a rental car while crossing the street. She sustained a broken leg and a significant traumatic brain injury. The driver of the vehicle claimed, and 2 independent eyewitnesses confirmed, that the client ran into the middle of the street and that the driver was unable to stop his car. Enterprise also disputed the extent of the traumatic brain injury. Through detailed accident reconstruction, we were able to demonstrate that the driver was speeding and that this contributed to the car accident. The client also was sent for an MRI with a highly advanced MRI scanner as well as a Pet Scan that conclusively demonstrated the extent of her traumatic brain injury. In mediation, we were able to obtain a settlement in the amount of 1.25 million dollars

Client v. Federal Express - June 2001
$1 Million Verdict

Our client was a 43-year-old clinical psychologist with an extensive history of alcoholism and psychiatric problems. While crossing the street, the client was struck by a Federal Express Delivery truck that knocked her to the ground causing her to strike the left side of her head on the pavement. As a result, she suffered a traumatic brain injury to the right side of her brain. Federal Express claimed that the traumatic brain injury was not from being hit because it was not on the side of her head that struck the ground. They also blamed the client’s cognitive problems on her past history. During trial, through 3-D reconstruction (Biomechanical reconstruction) on the accident, we were able to successfully demonstrate how the client sustained a right-sided traumatic brain injury after striking the left side of her head. A jury awarded our client 1 million dollars.

Client v. United Parcel Service - March 2000
$1.4 Million Settlement

Our client was a 35 year old on roller blades who was struck by a UPS truck. As a result, the client was flipped in the air and struck the side of his head on the pavement. MRI and Cat Scans demonstrated that the client sustained a fractured skull and sustained a traumatic brain injury that required surgery to reduce the swelling in his brain. The client, a sound engineer in the music industry, required extensive cognitive rehabilitation and was limited in his ability to return to work. During the trial, by using 3-D Brain imaging, we were able to demonstrate the significance of his injury. We also got the vice president of Sony records and a recording artist to testify on behalf of the client’s engineering abilities. At the conclusion of trial, we were able to obtain a settlement in the amount of 1.4 million dollars.

ORTHOPEDIC INJURY CASES

Client v. Kim Industries Inc. - July 2012
$700,000 Settlement

Client was a 38 year old male laborer that was involved in a car accident when, as a backseat passenger, the car he was travelling in was struck head on by another oncoming car that had crossed over the double yellow line separating the opposite lanes of travel. Investigation revealed that the driver of the other car had been using illegal drugs before the accident which resulted in his arrest and incarceration. As a result of the car accident, the client sustained extensive injuries to his shoulder and leg that required multiple surgeries and resulted in the client being out of work for almost 1 year. Just prior to trial, we were able to settle the case for $700,000.

Client v. City of New York - August 2010
$1.7 Million Settlement

Client was a 37 year old male construction worker injured due to a trip and fall over debris on a construction site. A Judge in New York agreed with our firm argued that the City of New York was liable for the accident pursuant to the New York State Labor Law. As a direct result of the construction accident, the client sustained a severe knee injury that required several surgeries. Our experts determined that the client would be unable to return to work as a construction worker and, as such, experience a decline in his ability to earn money. In mediation, we were able to settle the case for 1.7 million dollars.

Client v. Omni Sagamore Hotel - December 2004
$1.1 Million Settlement

Client was a guest at the Omni Hotel and slipped on a puddle on the tile floor. The client alleged that the hotel cleaning staff left cleaning materials on the floor. The hotel denied that the substance was cleaning materials. We hired an investigator to locate a former hotel employee who confirmed that the cleaning fluid was one used by the hotel. As s result of the fall, the client suffered an injury to her wrist that developed into Reflex Sympathetic Dystrophy (RSD), a painful and debilitating neurological condition. The client was unable to work and underwent many years of rehabilitation. We were able to obtain a settlement in the amount of 1.1 million dollars

Client v. City of New York - November 2002
$1.5 Million Verdict

The client was a 38-year-old male that worked on the film industry delivering and setting up equipment for movie sets. While exiting his truck, he stepped into a pothole surrounding a manhole cover. The City of New York had repaired the pothole 1 year before the accident. After the City of New York explained how the pothole was repaired, our expert engineer demonstrated that the repair was done improperly and was not in accordance with accepted engineering standards. As a result of the trip and fall accident, the client suffered an avulsion fracture to his ankle that required 3 surgeries as well as a shoulder injury that required surgery. He was unable to return to work in the film industry. At the conclusion of trial, the jury found The City of New York responsible for the trip and fall accident and awarded the client 1.5 million dollars which was the highest verdict against the City of New York for a trip and fall case in the year 2002.

Client v 1689 First Avenue, Inc. and Paradise Painting - 1998
$1.2 Million Verdict

Client was a female in her mid 30’s who was caused to trip and fall down the interior staircase inside her apartment building after she tripped over an extension pole that was on the staircase. The client claimed that painters who were in the building left the extension pole on the stairs. The painters denied that they left the pole on the stairs. As a result of the trip and fall , the client suffered a knee injury that required arthroscopic surgery. Due to an unrelated medical condition, the client was required to take medication that prevented her knee from fully heeling. The client was unable to return to work and at the conclusion of trial, a jury found the painters responsible for the accident and awarded 1.2 million dollars.

Client v. Millbrook Properties - 1994
$1.1 Million Verdict

Client was a 21-year-old female that was the victim of a robbery inside her apartment. The robbers were able to gain access to the building through the side door whose lock was broken. She fled the robbery down her fire escape. However, at this time, construction workers had removed the concrete landing underneath the fire escape. The client was forced to jump 20 feet landing in the exposed basement of the building and landed on the metal beams. The client suffered a significant leg injury that required surgery and left a significant scar. A jury found the building owners responsible for the accident and awarded 1.1 million dollars.

PRODUCT LIABILITY

Client v Suzuki Motor Corp. - December 2003
$700,000 Settlement

Client was a 21-year-old woman who was driving a car manufactured by Suzuki. As she was backing down her driveway, the driver’s seat back broke causing her to lose control of the car and strike her house. The client was ejected through the back window and suffered extensive facial lacerations that required surgery and left her with scars. Suzuki denied that the car was defective and claimed that the seat back broke after the car hit the house. By hiring an automotive expert, we were able to reconstruct the accident and prove that the seat back broke before the car stuck the house. A jury found that the car was defectively manufactured and awarded $700,000.

Client v. Werner Ladder - June 2003
$500,000 Settlement

The client was a 53 year old man that was standing on a ladder trimming bushes when the ladder buckled throwing him to the ground. The client sustained an ankle injury that required 3 surgeries. The client claimed that the ladder was defectively manufactured because it was supposed to hold a man of his weight. The ladder company denied that the ladder was defective and blamed the client for misusing the ladder. We hired an engineer that was an expert in ladder design. By using a replica ladder, we were able to reconstruct the accident and demonstrate exactly why it buckled and was defective. In mediation, we were able to obtain a settlement in the amount of $500,000

*We make no guarantees to similar results in any future matter for which we are retained.”

Learn more about severe injury claims and your rights. Call or email the New York personal injury attorneys at Goldblatt & Associates, P.C. today for a free consultation. We serve accident victims in New York including New York City, Bronx, Brooklyn, Westchester and Putnam Counties, Albany, Syracuse, Rochester and Buffalo. We offer a free initial consultation, and receive no fee unless we are successful.

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