Piergrossi & Peterman, LLP

Representing Citizens of New York since 1967

Verdicts & Settlements

 

  When your case is settled, will you receive adequate compensation you for your lost wages or pain & suffering?

  Will you have the financial resources to take care of yourself or your loved ones?

 

  Your choice of attorneys could make the difference between a life of financial struggle and a  financially stable life with the resources

  you need to take care of yourself and your family.

After all the information has been heard, and each side has presented their case, it's too late to wish you had chosen better representation.

 

Your ability to provide for yourself and your family may depend on the verdict and settlement of your case.   At Piergrossi & Peterman we have secured the financial stability of hundreds of New Yorkers.

 

Don't let a bad decision effect the stability of your family, Call Piergrossi & Peterman today at (718) 515-6000.  Or contact us by e-mail, a decision this important should be discussed with the experts with almost 50 years of experience.

  • Construction Site Accident Settlement of $13,500,000 (Thirteen Million, Five Hundred Thousand Dollars)

    Carlos Corona V. John Does

    Bronx Supreme Court

     

           Carlos Corona, a thirty-three (33) year old machine operator, was seriously injured when co-workers pushed demolition debris off the side of a building, striking him on the ground below.

     

    Piergrossi & Peterman, LLP. (CPP) obtained a $14-Million settlement from the owner of the demolition site, the general contractor and a sub-contractor, and their insurance companies, ensuring that Mr. Corona and his family will be financially secure despite his disability.

  • Motor Vehicle Injury - Combined Settlement of $16,469,000 (Sixteen Million, Four Hundred Sixty Nine Thousand Dollars)

    MOTOR VEHICLE – PEDESTRIANS STRUCK BY OUT-OF-CONTROL VEHICLE – QUESTIN OF SANITATION TRUCK’S ROLE IN ACCIDENT – AMPUTATIONS, FOOT DEGLOVING, AND MULTIPLE FRACTURES AMONG INJURIES

     

                          Linda, Denora, and Deshaun Davis v. City of New York and Jack Goldberg 3 –week trial Verdict 12/16/99 Kings

                          Supreme

     

    Judge:      Larry D. Martin

     

    Verdict: $12,200,000 for Linda D. (6/0).  Breakdown: $6,000,000 for past pain and suffering;  $200,000 for past

                         medical expenses; $6,000,000 for future loss of enjoyment of life.

                         $2,769,000 for Denora D. (6/0).  Breakdown: $2,000,000 for past pain and suffering; $19,000 for past medical

                         expenses; $750,000 for future loss of enjoyment of life.

                         $1,200,000 for Deshaun D. (6/0).  Breakdown: $1,000,000 for past pain and suffering; $500,000 for future loss

                         of enjoyment of life.

                                Liability:  Goldberg 77%; City 23% negligent, (5/1).  Post-trial motions were denied.  Jury: 5 male, 1 female.

     

    Pltf. Atty:    William K. Peterman III of Corpina, Piergrossi & Peterman, L.L.P., Manhattan

    Deft. Atty:  Christian Siragusa, Asst. Corp. Counsel, for City

                                Alan Russo of Russo, Keane, Sokoloff & Toner, L.L.P., Manhattan, for Goldberg

     

    Facts:       On 8/18/89, Pltf. family members Linda, Denora, and Deshaun (ages 41, 21, and 5, respectively) were waiting

                   for a bus at the intersection of Myrtle and Marcy Aves. In Brooklyn, when they were struck by a vehicle that was

                   operated by Deft. Goldberg, who had lost control and had driven up onto the sidewalk.  Pltfs. Claimed that a Deft.

                   City-owned sanitation truck ran a red light at the intersection and caused Deft. Goldberg to lose control of his

                   vehicle.

                         Deft. City contended that the accident was entirely the fault of Deft. Goldberg, who had conceded that he had been

                   under the influence of heroin and methadone at the time.  Subsequent to the events of that day, Deft. Goldberg pled

                   guilty to an assault charge and thereafter spend 2 years in jail.  Deft. City further contended that Deft. Goldberg

                   admitted at his deposition that he did not recall even seeing the truck in the area and that he had swerved to avoid

                   striking a boy who had run into the street half a block away.  Although Deft. Goldberg did not dispute that he was

                   under the influence of drugs, he contended that the Deft. City’s negligence was the cause of the accident.

                         Injuries: Linda (age 41 -- $12,200,000 award): amputation of the lower left leg and of the right foot; fractured

                   pelvis.  Pltf. is permanently disabled and remains wheelchair-bound as a result of her injuries.  Denora (age 21 --

                   $2,769,000 award): comminuted fractures of the tibial plateau; displaced avulsion of the right anterior cruciate

                   ligament.  Pltf. underwent a total of four surgeries for her injuries.  Deshaun (age 5 --$1,500,000 award): degloving

                   injury of the left foot requiring several debridements.  The infant Pltf. also required multiple skin grafting and was

                   left with permanent scarring.  Demonstrative evidence: photographs of the accident scene.  Offer: $300,000;

                   demand: $2,500,000.  Jury deliberation: 6 hours.  Carrier: Hartford for Goldberg.

     

    Pltf. Experts:  Dr. Ramesh Gidumal, orth. Surg., Manhattan; Dr. Fredrick Valauri, plastic and reconstructive surgery,

                                      Manhattan.

    Deft. Expert:  Deft. did not call Dr. Edward Crane, orth. Surg., Manhattan.

  • Construction Site Accident Settlement of $3,550,000 (Three Million, Five Hundred Fifty Thousand Dollars)

    CONSTRUCTION

    Labor Law – Accidents – Slips, Trips, & Falls

     

    Workers Dumped 20 Feet When Wind Disrupted Job Site

     

    Mediated Settlement  -   $3,550,000

                                  Case  -   Charles Agostinelli, Michael J. Hammel and Vanessa Hammel v. O’Donnell

                                                              Builders of Dutchess Inc., Summerlin LLC and Royal Crane Rentals, LLC, No. 22346/05

                                Court  -   Westchester Supreme

                        Neutral(s)  -  Joseph Giamboi

                                   Date  -  5/19/2009

     

    Plaintiff Attorney(s)     -  William K. Peterman, Corpina, Piergrossi & Peterman, L.L.P., Bronx, NY

     

    Defense Attorney(s)     -  Elio M. Di Beradino, Bivona &Cohen, P.C., New York, NY (Jan Construction  Corp.)

                                                              Lawrence H. Reid, Congdon Flaherty O’Callaghan Reid Donlon Travis & Fishlinger, Uniondale,

                                                              NY (Summerlin LLC) Debra E. Seidman, Quirk & Bakalor P.C., New York, NY (O’Donnel

                                                              Builders of Dutchess Inc.)

                                                              None reported (Royal Crane Rentals, LLC)

     

    FACTS & ALLEGATIONS

                On Nov. 2, 2005, plaintiff Charles Agostinelli, 44, a construction worker, and plaintiff Michael Hammel, 37, also a construction worker, worked at a building that was located in Dutchess County.  While the men were working 20 to 25 feet above ground level, on the platforms of scissor lifts, a wind gust loosened a roof truss.  The truss fell onto other trusses, which toppled the scissor lifts.  Agostinelli and Hammel fell onto the ground.  Agostinelli sustained injuries of a knee, a leg and several ribs.  Hammel sustained injuries of an elbow, his face, his head, a leg, his liver, a rib and his spleen.

                Agostinelli and Hammel sued the construction project’s general contractor, O’Donnell Builders of Duchess Inc.; a contractor that had provided a crane that was being used during the day of the accident, Royal Crane Rentals, LLC; and the premises’ owner, Summerlin LLC.  The plaintiffs alleged that the defendants violated the New York State Labor Law.

                Plaintiffs’ counsel ultimately discontinued the claims against Royal Crane Rentals.

                The remaining defendants impleaded the plaintiffs’ employer, Jan Construction Corp.  The direct defendants alleged that Jan Construction controlled and directed the plaintiffs’ actions.  They sought indemnification.  However, Summerlin’s counsel discontinued his client’s portion of the third-party claim, with prejudice, because an executed indemnification and hold-harmless agreement could not be produced, according to Jan Construction’s counsel.

                Plaintiffs’ counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law & 240(1), and that the plaintiffs were not provided the proper, safe equipment that is a requirement of the statute.

                Defense counsel contended that the accident was a result of the plaintiffs’ failure to properly secure the roof trusses.

     

    INJURIES/DAMAGES

    Avulsion fracture; comminuted fracture; concussion; debridement; decreased range of motion; facial fractures; fracture, cheekbone; fracture, elbow; fracture, femur; fracture, fibula; fracture, humerus; fracture, leg; fracture, maxilla; fracture, nose; fracture, patella; fracture, rib; fracture, tibia; fracture, zygomatic arch; head; internal fixation; liver, laceration; open reduction; patellar tendon; physical therapy; spleen, laceration; tendon rupture; torn meniscus; tripod fracture; unconsciousness

     

                Agostinelli sustained an open mid-shaft fracture of his right leg’s tibia, a mid-shaft fracture of his right leg’s fibula, an avulsion fracture of his right knee’s patella, a rupture of his right patellar tendon, a tear of his right knee’s meniscus and fractures of several ribs.  His right tibia’s fracture was addressed via open reduction, internal fixation and several subsequent debridement procedures.  He also underwent extensive physical therapy.

                Agostinelli claimed that he suffers residual pain and residual reduction of his right knee’s range of motion.  He contended that his right leg’s use is severely limited and that he can perform only light-duty construction work.

                Agostinelli sought recovery of damages for his past and future pain and suffering.

                Hammel sustained a fracture of a rib; a fracture of his left femur’s trochanter, which forms an upper portion of the thigh; a comminuted fracture of the distal region of his left, nondominant arm’s humerus, which forms an upper portion of the elbow; lacerations of his liver and spleen; and facial fractures, including fractures of his nose, his maxillary bone, and a tripod and a zygomatic arch, which are the bones of the cheek.  He also sustained a head injury that produced a concussion and a loss of consciousness.  His left elbow’s fracture was addressed via open reduction and internal fixation.  The fixation hardware was subsequently removed.  He also underwent extensive physical therapy.

                Hammel claimed that he suffers chronic residual pain and a residual reduction of his left arm’s range of motion.  He contended that his injuries prevent his resumption of work.

                Hammel sought recovery of damages for his past and future pain and suffering.  His wife sought recovery of damages for her loss of services.

  • Young Pedestrian struck by car Settlement of $3,025,000 (Three Million, Twenty Five Thousand Dollars)

    CORPINA, PIERGROSSI & PETERMAN, LLP

    ATTORNEYS AT LAW

    2344 EASTCHESTER ROAD

    BRONX, NY 10469-5911

    -------

    (718) 515-6000

    FAX (718) 515-0511

    www.bronxlawoffice.com

     

    LAWRENCE A. PIERGROSSI

    JOSEPH B. CORPINA

    WILLIAM K. PETERMAN

    ------

    RICHARD E. NUNEZ

    MARGIE M. RIVERA

     

                                                                                                                                                                            January 19, 2007

     

    Connell Foley LLP

    85 Livingston Avenue

    Roseland, New Jersey 07068

     

    Attn:       Jeffery O’Hara, Esq.

     

    RE:       Jane Doe v. USB Leasing, L.T., et al.

                 Supreme Court, Dutchess County

     

    Dear Mr. O’Hara:

     

    Please allow this to confirm that we have settled the above-referenced case with Defendant USB Leasing, Lt. agreeing to pay the sum of $3,025,000.00.  As you know, Allstate has previously tendered it’s policy limits of $100,000.00 on behalf of it’s insured Defendant Mrs. Doe, mother and guardian of Jane Doe.

     

    We will take the necessary steps to obtain an Infant’s Compromise Order and then forward the appropriate settlement papers to you for payment.

     

    If you have any questions please feel free to call.

     

    Very truly yours,

     

    WILLIAM K. PETERMAN, ESQ.

     

    WKP:ck

    Enclosures

     

  • Negligent Maintenance of Machinery - $3,000,000 (Three Million Dollars)

    CORPINA, PIERGROSSI & PETERMAN, LLP

    ATTORNEYS AT LAW

    2344 EASTCHESTER ROAD

    BRONX, NY 10469-5911

    -------

    (718) 515-6000

    FAX (718) 515-0511

     

     

    LAWRENCE A. PIERGROSSI                                                                                                                                                  NEW YORK OFFICE

    JOSEPH B. CORPINA                                                                                                                                            122 EAST 42nd STREET - SUITE 2112

    WILLIAM K. PETERMAN                                                                                                                                                 NEW YORK, NY 10168-0001

    ---------                                                                                                                                                                                                 (212) 697-0700

    RICHARD E. NUNEZ                                                                                                                                                                                                                                                   

    MICHAEL ARCE

     

     

                                                                                                                                                                      October 28, 2005

     

    CLAUSS & SABATINI

    Attorneys for Defendants, Clark Material

    Handling Company, Terex Corporation and Terex

    Material Handling Co.,

    237 West 35th Street, Suite 1502

    New York, New York 10001

     

    SARGENTE &McGINN, LLC.,

    Attorneys for Third-Party Defendant

    Exposition Service and Rental Inc.,

    1000 South Avenue, Suite LLC

    Staten Island, New York 10314

     

    McMahon, Martine & Gallagher, LLP.,

    Attorneys for Defendant and Third-Party Plaintiff

    Clarklift of New York, Inc.,

    90 Broad Street

    New York, New York 10004

     

    RE:   GEORGE POLITIS v. CLARKLIFT OF NEW YORK INC., et al.,

     

    Dear Counselors:

     

    Pursuant to the above matter, enclosed you will find general releases duly executed by our client, GEORGE POLITIS, for the sum of $3,000,000.00, along with stipulations discontinuing action.

     

    The Stipulation of Settlement placed on the record in Court on October 28, 2005 requires payment as follows:

     

             AIG to pay $125,000.00 on or before December 6, 2005;

             Exposition Service Rental to pay $250,000.00 per CPLR 5003-a;

             Clark/Terex to pay $1,000,000.00 on or before January 6, 2006;

             AIG to pay $375,000.00 on or before January 6, 2006;

             Clark/Terex to pay $1,000,000.00 on or before April 6, 2006;

             Clarklift/Liquidation Bureau to pay $250,000.00

     

  • Job Site Roof Collapse Settlement of  $2,750,000 (Two Million, Seven Hundred Fifty Thousand Dollars)

    Construction

    ----------------------------------------------------------------------------------------------------------------------------------------------------------

    Job-site roof collapse led to visitor’s fatal fall

     

    Settlement:    $2,750,000.00

    Case Type:      Accidents Falls

    Case:                    Clara Stella Mendez Velez, as Administratrix of the Goods, Chattels and Credits of the Estate of Jairo Velez

                                     v. Tuckahoe Development LLC, Alfred Weissman Real Estate Inc., W.B. Contracting Corp., and J.A.N.

                                     Construction Corp., No. 11795/01

    Venue:                Westchester Supreme, NY

    Judge:                 Louis A. Barone

    Date:                    10-20-2004

     

    PLAINTIFF(S)

    Attorney:         William K. Peterman; Corpina, Piergrossi & Peterman L.L.P; Bronx, NY, for Estate of Jairo Velez

    Expert:          None

     

    DEFENTANT(S)

    Attorney:         David P. Redmond; Kral, Clerkin, Redmond, Ryan, Perry & Girvan; New York, NY, for W.B. Contracting

                                     Corp.

                                     John J. Walsh; Boeggeman, George, Hodges & Corde; White Plains, NY, for J.A.N. Construction Corp.

                                     None reported; null, null, for Alfred Weissman Real Estate Inc.

                                     William G. Kelly; Goldberg Segalla L.L.P.; White Plains, NY, for Tuckahoe Development LLC

    Expert:               None

     

    INSURERS:

    OneBeacon Insurance Group for J.A.N. Construction

    Royal and SunAlliance Insurance USA for W.B. Contracting Corp. (primary carrier)

    The Ohio Casualty Insurance Co. for W.B. Contracting (excess)

     

    FACTS:

            On Nov. 20, 2000, plaintiff’s decedent Jairo Velez, 41, a self-employed insurance contractor, visited a Yonkers warehouse’s rooftop work site, where a friend was participating in a roof-replacement job.

            One contractor, W.B. Contracting Corp., had been hired to cut and demolish the warehouse’s existing gypsum roof.  Another contractor, J.A.N. Construction Corp., had been hired to place a new steel roof.

            At approximately 3 p.m., a J.A.N. Construction laborer stepped onto a cut portion of the gypsum roof.  He fell through the roof and landed 30 feet below, on a pile of gypsum debris.  A few minutes later, Velez stepped onto the roof, in an area some 10 to 30 feet from the area in which the laborer had fallen through the roof.  Velez also fell through the roof and landed 30 feet below, though he fell onto a concrete surface.  He sustained multiple injuries and died in the hospital, 57 days later.  Velez’s wife, Clara, acting as administratrix of her husband’s estate sued J.A.N. Construction; W.B. Contracting; the property owner, Tuckahoe Development LLC; and the property’s managing

     

  • Construction Site Fall, Settlement of $1,010,000 (One Million, Ten Thousand Dollars)

    CONSTRUCTION

    Labor Law – Accidents – Slip and Fall

     

    Worker slipped of sloping path and fell into excavation trench

     

    Verdict  -  $1,010,000

     

    Case -           Mariusz Gandy & Agnieszka Gandy v. Pol-Am Home Improvements, Inc. Affordable Community Inc. &

                             Solomon Weiner, No. 8563/04

    Court -      Rockland Supreme

    Judge -      Margaret Garvey

    Date -         3/22/2007

     

    Plaintiff Attorney(s) -  William K. Peterman, Corpina, Piergrossi & Peterman, L.L.P., Bronx, NY

     

    Defense Attorney(s)   -  Allan Simon, Spring Valley, NY

     

    FACTS & ALLEGATIONS

            On Aug. 18, 2004, plaintiff Mariusz Gandy, 26, a construction worker, was carrying cinder blocks at a construction site that was located at 64 Collins Ave., in Spring Valley.  Gandy was employed to help renovate a residential two-family home located on the property.  As Gandy was walking along a dirt slope, he slipped and fell into a 5-foot-deep excavation trench.

    Gandy sued the project’s general contractor, Pol-Am Home Improvements; the property’s manager, Affordable Community Inc.; and the property’s owner, Solomon Weiner.  He alleged that the defendants violated the labor law.

            Pol-Am home Improvements was granted summary judgement on worker’s compensation grounds.  The matter proceeded against the remaining defendants.

            Gandy claimed that the dirt slope was unsafe and the only means of access to the excavation trench.  Gandy’s counsel argued that the slope to the excavation site did not have any ramps, stairways or ladders as required by Labor Law § 241(6) and New York Codes, Rules, and Regulations Title 23 Part 4.3.

            Defense counsel contended that the accident was unwitnessed and denied that the trench violated the statute.

     

    INJURIES/DAMAGES

    Herniated disc at L5-S1; leg; physical therapy; radiculopathy

     

            Gandy was transported to Good Samaritan Hospital, where he was treated and released for back related injuries.  Gandy immediately sought treatment from an orthopedist and was diagnosed with a herniated disc at L5-S1 and radiculopathy.  He underwent physical therapy for one year and has not returned to work since the accident.

            Gandy claimed that he is no longer able to work in construction doing physical labor.  He also claimed that he suffers chronic back and leg pain and walks with a limp.  Gandy’s counsel requested $700,000 in damages.

            Defense counsel contended that although the plaintiff sustained a herniation and radiculopathy, he was not disabled from work.  Defense counsel further argued that the plaintiff exaggerated his injuries.

     

    RESULT

    The jury found that Affordable Community and Weiner were each 50% liable for the accident.  It determined that Gandy’s damages totaled $1.01 million.

     

    Mariusz Gandy          $75,000 past lost earnings

                                                      $85,000 future lost earnings

                                                      $250,000 past pain and suffering

                                                      $600,000 future pain and suffering

                                                      $1,010,000

     

    Trial Details                    Trial Length: 6 days

                                                      Jury Deliberations: 8 hours

                                                      Jury Vote: 6-0

                                                      Jury Composition: 4 male, 2 female

     

    Plaintiff Expert(s)      Barry Kraushaar, M.D., orthopedic surgery, Suffern, NY

                                                      Jerome Moga, M.D., orthopedics, New York, NY

     

    Defense Expert(s)       Stewart Khan, M.D., orthopedics, New York, NY

     

    POST-TRIAL

    Defense counsel has indicated that he will move to set aside the verdict.

     

    EDITOR’S NOTE

    This report is based on information that was provided by the plaintiffs’ counsel.  Defense counsel did not respond to the reporter’s phone calls.

     

  • Motor Vehicle (Lane Change, Sideswipe, & Multiple Vehicle) - $935,000 (Nine Hundred Thirty Five Thousand Dollars)

    MOTOR VEHICLE

    Lane Change – Sideswipe – Multiple Vehicle

     

    Highway accident caused back and neck injuries, suit alleged

     

    Settlement -  $935,000

    Case -              Michael A. Jaramillo and Maritza Jaramillo v. V&W Trucking Limited and David A. Ferris, No. 30291/10

    Court -            Westchester Supreme

    Judge -            Joan B. Lefkowitz

    Date -               2/27/2013

     

    Plaintiff Attorney(s)  -  William K. Peterman, Corpina, Piergrossi, & Peterman, LLP, Bronx, NY

     

    Defense Attorney(s)   - Christopher J. Turpin, Cartafalsa, Slattery, Turpin & Lenoff, Pearl River, NY

     

    FACTS & ALLEGATIONS

            At about 11 p.m. on March 1, 2010, plaintiff’s decedent Michael Jaramillo, 72, the driver of a livery vehicle, was driving on the southbound side of the New England Thruway, in New Rochelle.  His vehicle was involved in a sideswipe collision with a southbound tractor trailer that was being driven by David Ferris.  Jaramillo claimed that he sustained injuries of his back and neck.

            Jaramillo sued Ferris and the owner of Ferris’ vehicle, V&W Trucking Inc.  Jaramillo alleged that Ferris was negligent in the operation of his vehicle.  Jaramillo further alleged that V&W Trucking was vicariously liable for Ferris’ actions.

            Jaramillo claimed that Ferris wandered out of his lane and initiated the collision.

            Ferris contended that the collision occurred while Jaramillo was attempting to overtake the tractor-trailer.  He claimed that Jaramillo was speeding.

            Jaramillo’s counsel moved for summary judgement of liability, and the motion was granted.  The matter proceeded to damages.

     

    INJURIES/DAMAGES

    Bulging disc, cervical; bulging disc, lumbar; decompression surgery; decreased range of motion; epidural injections; fusion, cervical; fusion, lumbar; herniated disc at L1-2; herniated disc at L2-3; herniated disc at L5-S1; physical therapy

     

            Jaramillo was placed in an ambulance, and he was transported to Westchester Medical Center, in Valhalla.  He underwent minor treatment.

            Jaramillo ultimately claimed that he sustained herniations of his L1-2, L2-3 and L5-S1 intervertebral discs.  He also claimed that he sustained trauma that produced bulges of his C2-3, C3-4, C4-5, C5-6, C6-7, L3-4 and L4-5 discs.  He initially underwent conservative treatment that included physical therapy and the administration of epidural injections of steroid-based painkillers, but he contended that the treatment did not resolve his pain.  On Dec. 20, 2011, he underwent decompressive surgery that included fusion of a portion of his spine’s cervical region.  The procedure was followed by another course of physical therapy.  On July 30, 2012, Jaramillo underwent fusion of a portion of his spine’s lumbar region.

            Jaramillo claimed that he suffered residual pain, a residual reduction of his back’s range of motion and a residual reduction of his neck’s range of motion.  He contended that his residual effects prevented his resumption of work and other strenuous activities.  He did on Dec. 12, 2012, though his death was not related to the accident.

            Jaramillo’s estate sought recovery of Jaramillo’s medical expenses, Jaramillo’s lost earnings, and damages for Jaramillo’s pain and suffering.  Jaramillo’s widow presented a derivative claim.

            The defense’s expert neurologist submitted a report in which she opined that Mr. Jaramillo’s injuries were degenerative conditions that were not related to the accident.

     

    RESULT

    The parties negotiated a pretrial settlement.  The defendants’ insurer agreed to pay $935,000, from a policy that provided $2 million of coverage.

     

    INSURER(S)                               Zurich North America for both defendants

     

    PLAINTIFF EXPERT(S)    John Michael Olsewski, orthopedic surgery, Bronx, NY (treating doctor; did not testify)

     

    DEFENSE EXPERT(S)        Rene M. Elkin, M.D., neurology, White Plains, NY (did not testify)

     

    EDITOR’S NOTE

    This report is based on information that was provided by plaintiff’s and defense counsel.

  • Motor Vehicle and Bicycle Collision - $916,400 (Nine Hundred Sixteen Thousand and Four Hundred Dollars)

    Bicyclist sustained leg fractures in collision with vehicle

     

    Verdict: $916,400.00

     

    David Ferruzzo et al. v. Automotive Rentals Inc, Daniel S. Miller and Solvay Pharmaceuticals Inc, et al., Case No. 17081/04, Venue: Nassau Supreme, NY, Judge: John M. Galasso, Date: 08-09-2007

     

    On Oct. 7, 2004, plaintiff David Ferruzzo, 15, was bicycling on a sidewalk that was adjacent to a Wantagh strip mall.  A 15-year-old girl was seated behind David.  As David crossed the entrance to the strip mall’s parking lot, he collided with an existing vehicle that was being driven by Daniel Miller.  David fell off of the bicycle, and the vehicle rode over his left leg.  He claimed that the leg sustained serious injuries.  David’s mother, Paulette Ferruzzo, acting individually and as David’s mother and natural guardian, sued Miller; the vehicle’s lessor, Automotive Rentals Inc.; and the vehicle’s lessee Solvay Pharmaceuticals Inc.  The plaintiffs alleged that Miller was negligent in the operation of his vehicle and that the remaining defendants were vicariously liable for miller’s actions.  David claimed that Miller’s vehicle struck his bicycle.  He contended that Miller failed to see and avoid his bicycle.  Miller contended that David’s bicycle struck his stopped vehicle.  That contention was corroborated by the girl who was riding on David’s bicycle.  Defense counsel produced a photograph that revealed damage of the right side of Miller’s vehicle.  David sustained a fracture of his left leg’s fibula, a stress fracture of the same leg’s tibia, a sprain of his left ankle and a tear of his left knee’s medial collateral ligament.  He was placed in an ambulance and transported to a local hospital’s emergency room.  His left tibia’s fracture was treated via open reduction and the internal fixation of rods and screws.  He also underwent about 14 months of physical therapy that was administered two-to-three times a week.  David claimed that his ankle experiences pain and stiffness that emerge during strenuous activity.  David’s treating orthopedist opined that David will suffer permanent residual disabilities.  David contended that those disabilities ended what would have been a promising career in the sport of baseball.  David’s mother sought recovery of $16,400 for David’s past medical expenses and a total of $900,000 for David’s past and future pain and suffering.  She also presented a derivative claim.  The defense’s expert orthopedist opined that David has fully recovered.  On Aug. 1, 2007, a jury found that the defendants were liable for the accident.  Eight days later, another jury determined that David’s damages totaled $916,400.

     

    Plaintiff’s Counsel

    William K. Peterman, Esq.

    Corpina, Piergrossi & Peterman, L.L.P.

    New York, NY

     

     

  • Motor Vehicle (Passenger, U-Turn, Speeding, & Multiple Vehicle) - $800,000 (Eight Hundred Thousand Dollars)

    BRONX COUNTY

    MOTOR VEHICLE

    Passenger – U-Turn – Speeding – Multiple Vehicle

     

    Car crash caused by U-turn, speeding driver, suit alleged

     

    Settlement -   $800,000

    Case -                    Lawrence A. Thomas, Annette Thomas, and Caron Thomas v. Francisco Perez and Olive F. Thomas, No.

                                      6461/07

    Case -                    Caron Thomas v. Francisco Perez and Olive F. Thomas, No. 7525/07

    Court -                 Bronx Supreme

    Judge -                 Dominic R. Massaro

    Date -                    6/16/2009

     

    Plaintiff Attorney(s) - William K. Peterman, Corpina, Piergrossi & Peterman, L.L.P., Bronx, NY

     

    Defense Attorney(s) -  Helen Cohen, Drayer & Associates, New York, NY (Francisco Perez)

                                                          Keven M. Loftus, O’Connor, McGuinness, Conte, Doyle, Oleson, & Collins, White Plains, NY

                                                          (Olive F. Thomas)

     

    FACTS & ALLEGATIONS

            On Nov. 19, 2006, plaintiff Annette Thomas, plaintiff Caron Thomas, a residential care attendant, and plaintiff Lawrence Thomas, a cook, were passengers of a vehicle that was being driven by their sister, Olive Thomas, who was traveling on the northbound side of Central Avenue, in Yonkers.  While Olive Thomas was executing a U-turn onto the opposite side of the avenue, her vehicle was struck by a vehicle that was being driven by Francisco Perez.  Annette Thomas claimed that she sustained injuries of her back and neck.  Caron Thomas claimed that she sustained an injury of her pelvis.             Lawrence Thomas claimed that he sustained injuries of his face.

            Annette Thomas, Caron Thomas and Lawrence Thomas sued Perez and Olive Thomas.  The plaintiffs alleged that the defendants were negligent in the operation of their respective vehicles.

            In a separate action, Caron Thomas sued Perez and Olive Thomas.  Caron Thomas alleged that the defendants were negligent in the operation of their respective vehicles.  The cases were consolidated.

            Plaintiffs’ counsel contended that Olive Thomas made an illegal U-turn, which put their vehicle in the path of oncoming traffic.  Plaintiff’s counsel also argued that Perez was driving too fast and saw the plaintiffs’ vehicle but failed to do anything to avoid the impact.

            Olive Thomas’ counsel argued that there should be no liability attached to the plaintiffs since they were passengers and that Perez should share the liability for the accident.

            Perez’s counsel argued that Thomas pulled out in front of Perez and, thus, that Perez did not have time to avoid the collision.

     

    INJURIES/DAMAGES

    Back; chiropractic; decreased range of motion; face; facial fractures; fracture, acetabulum; fracture, hip; fracture, maxilla; fracture, pelvis; fracture, pubic ramus; internal fixation; malar bone; memory loss; neck; numbness; open reduction; soft-tissue injuries; traumatic brain injury

     

            Lawrence Thomas claimed that he sustained fractures of his malar and maxillary bones in his face, which required open reduction and internal fixation.  He was hospitalized for nine days and was out of work for six weeks.  An MRI scan in May 2008 showed a prior brain bleed.  He claimed that he sustained a traumatic brain injury during the accident.

            Thomas contended that he continues to suffer numbness in part of his face from the fractures in addition to difficulty with his short-term memory and retention.  He claimed that he had to reread the menu to perform his job as a cook.  He sought recovery of damages for his past and future pain and suffering.

            Caron Thomas claimed that she sustained fractures of her pubic ramus and acetabulum, which is the rounded cavity that receives the head of the femur.  She spend four days in the hospital, and she was out of work for four months.  She did not undergo any surgery, but she did complete four or five follow-up visits with an orthopedist.  She was also treated with bed rest.

            Thomas contended that her injuries cause ongoing hip pain and a decreased range of motion.  She sought recovery of damages for her past and future pain and suffering.

            Annette Thomas claimed that she sustained soft-tissue injuries in the cervical and lumbar spine.  She underwent chiropractic treatment.  She sought recovery of damages for her past and future pain and suffering.

     

    RESULT

    The parties negotiated an $800,000 pretrial settlement.  Annette Thomas’ share totaled $25,000; Caron Thomas’ share totaled $225,000; and Lawrence Thomas’ share totaled $550,000.  Olive Thomas’ insurer agreed to contribute $750,000; and Perez’s insurer tendered its $50,000 policy.

     

    INSURER(S)                        Government Employees Insurance Co. for Olive Thomas

                                                                    NGM Insurance Co. for Perez

     

    PLAINTIFF EXPERT(S)       Dr. Peter Rizzo, orthopedics, Bronxville, NY (did not testify)

  • Icy Parking Lot Settlement of  $687,000 (Six Hundred Eighty Seven Thousand Dollars)

    Premises Liability

     

    Store failed to address icy parking lot, worker alleged

     

    Settlement:   $687,000.00

    Case:                   Dellroy Walters, and Victor Walters v. Costco Wholesale Corporation and Cosmopolitan Construction &

                                   Maintenance Corp., No. 2395/06

    Venue:              Westchester Supreme, NY

    Judge:               Nicholas Colabella

    Date:                  October 6, 2008

     

    Attorney:

    William K. Peterman; Corpina, Piergrossi & Peterman, L.L.P.; Bronx, NY, for Dellroy Walters

  • Slippery / Wet Bank Floor, Settlement of  $600,000 (Six Hundred Thousand Dollars)

    Premises Liability

     

    Bank’s patron claimed she slipped on wet floor

     

    Settlement:  $600,000.00

    Case Type:    Negligent Repair and/or Maintenance, Premises Liability – Dangerous Condition, Premises Liability – Slip

                                  and Fall

    Case:                 Jovita Rolon a/k/a Jovita Rolon Fernandez v. Apple Bank for Savings, No. 8063/07

    Venue:            Bronx Supreme, NY

    Judge:             Alexander W. Hunter, Jr.

    Date:                05-29-2008

     

    PLAINTIFF(S)

    Attorney:

            William K. Peterman; Corpina, Piergrossi & Peterman, L.L.P.; Bronx, NY, for Jovita Rolon

    Expert:

            Edward Crane M.D.; Orthopedics; White Plains, NY called by: Richard Kaye

    Insurer:

            The Hartford Insurance Group

     

    Facts:

            On Feb 14, 2007, plaintiff Jovita Rolon, 73, a retiree, slipped in the Apple Bank for Savings that is located at 626 Pelham Parkway South, in the Bronx.  She fell and sustained an injury of one elbow.

            Rolon sued the bank.  She alleged that the bank’s staff was negligent in its maintenance of the premises and that the staff’s negligence created a dangerous condition.

            Rolon claimed that she entered the bank, descended a carpeted ramp and slipped on the marble floor at the end of the ramp.  She contended that the area was wet as a result of precipitation that had been tracked into the bank.  Her attorney noted that the incident occurred on a snowy day, and, thus, he argued that the bank’s staff should have anticipated that the floor would be wet.  He also contended that the bank’s security videotape documented several prior slipping incidents in the same area that day.

            Defense counsel contended that the floor was not wet.  He also contended that the bank’s staff exercised reasonable care to mop the floor during the course of the day.

     

    Injury:

            Rolon sustained a comminuted fracture of her right, dominant arm’s elbow.  She was transported to the emergency room of Jacobi Medical Center, in the Bronx.  She underwent minor treatment.

            About two weeks later, Rolon underwent surgical removal of the fracture’s fragments.  In April 2007, she underwent surgical insertion of a partial implant.  The procedure also included release of one of the elbow’s nerves.  She subsequently underwent about nine months of physical therapy.

            Rolon claimed that she suffers residual pain and a residual reduction of her right elbow’s strength and range of motion.  She sought recovery of damages for her past and future pain and suffering.

     

    Verdict Information   During the trial, the parties negotiated a $600,000 settlement.

     

    Editors Comments      This report is based on information that was provided by the plaintiff’s counsel.  Defense counsel

                                                         did not respond to the reporter’s phone calls.

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