Worker Who Was Burned and Injured By Electrical Box Recovers
May 22nd, 2011 by Rosanne Lim. No Comments »
A laborer who was severely burned by an electrical box was awarded $7.7 million in damages.
In 2007, Marco Murillo, then aged 32, was salvaging copper cables from electrical boxes at a demolition site. Mr Murillo was working on one of the last boxes to be dismantled on the site when he was severely burned on both hands and forearms.
Oncor Electric Delivery had responsibility for the de-energizing the electrical boxes. As a result of his injuries Mr Murillo underwent skin grafts, had back muscles transferred to his forearms and nerves transferred from his ankles into his forearms.
A judge found that Oncor Electric Delivery was 60 percent liable and that three other defendants in the case were found 40 percent liable. Oncor is responsible for the entire award.
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$350,000 Award Upheld for Shoulder and Back Injury
May 14th, 2011 by Rosanne Lim. No Comments »
Courtney Graves was on her way to the school orientation of Sheepshead Bay High School in Brooklyn when disaster struck. On September 7, 2005, she was derailed by a train and was slammed against the window. Courtney sustained injuries to the shoulder and back. The train operator agreed that he was liable. However, the parties cannot agree to the amount of damages that should be awarded. A trial was set to establish liability.
In 2009, the case of Graves v. New York City Transit Authority was heard. Orthopedic surgeons were called from both sides. Courtney and her mother also testified during the trial. In the end, the jury awarded $350,000 for pain and suffering. This amount has been affirmed. Below are the details of the injury:
- Glenoid labrum tear in the right shoulder
- Herniated disc at the L5-S1 with symptoms of nerve injuries
- Hydrodiscectomy surgery
- Trigger point injections
The hydrodiscectomy surgery is actually a same-day procedure using high-speed water stream to remove herniated disc. However, Courtney was unable to resume her previous activities in sports. She was previously active in track and basketball.
In addition, the pain in her back and shoulders remained. After she graduated from high school, she was unable to continue to nursing school because she cannot sit for extended periods of time.
11-Year-Old Boy’s Soccer Injuries Leads to $1,030,000 Pain and Suffering Award
May 11th, 2011 by Rosanne Lim. No Comments »
An 11-year-old boy received $1,030,000 in compensation due to an ankle fracture. Back in November 2001, Jonathan Bermudez was trying to kick a soccer ball during an unsupervised game when the accident occurred. The case Bermudez v. New York City Board of Education went to trial after seven years. The defense made a motion to dismiss the case both as liability and to the amount of damages.
However, the judge said that there was enough proof to show that the defendant was negligent in failing to supervise the kids playing soccer. The case is now on appeal and the appeals court will determine if the damages is excessive under the circumstances. Some factors that were used as basis for the award include:
- Detailed testimony from orthopedic surgeon, supported by medical records
- Defendant’s failure to call its own medical expert
- Life expectancy of the plaintiff of around 56 years; he may also require surgical fusion due to arthritis
- Plaintiff had to undergo four surgical procedures prior to the trial
There is a good chance that the verdict may be upheld. One precedent is the Smith v. Bywise Holding LLC wherein a 44-year-old man sustained a fracture in the tibia after falling. He ultimately received $500,000 in pain and suffering award ($175,000 past, and $325,000 future pain and suffering). Since Jonathan has a higher future damages, it is likely that he will receive more than Mr. Smith for his injuries.
Ankle Fracture Results to $1 Million Verdict
May 10th, 2011 by Rosanne Lim. No Comments »
Daniel Conway, 26 at the time of the accident on January 8, 2003, was descending a New York City subway staircase on his way to work when he lost his balance. On his second step, he fell down the stairs because there was a 1 ½ inch piece of the step that was missing. He suffered from talar bone fractures in both ankles and had to undergo arthroscopic surgery to remove cartilage that separated from the bone and repair the fracture. The talar bone is actually the tallest bone in the foot.
After the plaintiff’s side showed photos of the defect, it was established that the New York City Transit Authority was 100% liable. An engineering expert who testified fir the plaintiff also said that this defect has been present for two years but still hasn’t been repaired.
The $1 million award for arthroscopic surgery seemed excessive. However, the appeals judge ruled that this amount did not deviate from what is reasonable. Thus, the $1,000,000 compensation for pain and suffering was affirmed. The full details of the injury included a partial avulsion of the lateral part of the dome on the left and Stage IV talar dome injury with separated cartilage on the right.
After spending four months at home, Mr. Conway went back to work as an airport security screener. He quit after 10 months due to pain. At the time of the trial, he was still in constant pain and had to ice his feet after work. He also can no longer participate in sports. A surgeon testified that he will require additional surgery sometime in the future because he has an early onset of arthritis.
Fatal Helicopter Crash Settles for $5.6 Million
May 9th, 2011 by Rosanne Lim. No Comments »
Back in August 2008, Sandra Pearson, 38, suffered a tragic fate due to a faulty rotor blade in the helicopter she was riding. The main rotor blade broke apart which then caused the helicopter to strike power lines before bursting into flames. The family of Ms. Pearson filed a lawsuit alleging that defects in the helicopter part were created during its manufacture by Bell Helicopter Textron, Inc.
The plaintiff’s lawyers claimed that when the helicopter was examined 10 days before, vibration and a low rumble was felt from the rear of the aircraft. They allege that the centrifugal force variation during the aircraft’s start/stop cycles caused a fatigued crack on the blade, ultimately leading to the crash. The helicopter company offered to pay $5.6 million to the family of the victim who has agreed to the settlement.
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Railroad Worker Recovers Compensation for Knee Injury
May 9th, 2011 by Rosanne Lim. No Comments »
Edward Pitts, 59, was a railroad worker who started working for CSX Transportation in 1970. He claimed that many years of having to walk on large ballast as a trackman resulted in his knee injury. For nine years, Mr. Pitts has to walk 5 miles per day over the large ballast, which he alleged, led him to develop osteoarthritis on both knees.
He claimed that the company he worked for, CSX, used the mainline ballast instead of the 3/8-inch “walking ballast” which is much smaller. Mr. Pitts still work at CSX as an engineer – a less physically demanding job. The jury found CSX Transportation 70% liable for his injuries while the plaintiff was 30% for his own negligence (and factors such as age and weight). He recovered $1.2 million in compensation.
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Court Ultimately Finds in Favor of Defense in 1993 WTC Injury Case
May 8th, 2011 by Rosanne Lim. No Comments »
On February 26, 1993, terrorist attacked the World Trade Center in New York using a bomb in the underground parking space. Most people were safely evaluated during this particular attack. However, there are still many lawsuits involving the 1993 in court. One such case was filed by Charla Mitchell who was working on the 100th floor of the south tower on the day of the attack. She claims that the building’s owners, the Port Authority of New York and New Jersey, was responsible for her injuries.
A Manhattan jury found the Port Authority 68% at fault for the injuries sustained by victims. This is due to its previous refusal to protect the towers against these types of attacks. They noted that the building owners had information that the building was vulnerable to terrorist attack. When Ms. Mitchell’s case went to trial, she got a $500,000 award for pain and suffering due to the trimalleolar ankle fracture she sustained.
However, the trial judge ruled that the verdict should be set aside for a new trial. The judge found, on the post-trial motion, that the jury’s decision was irreconcilably inconsistent with regards to the proximate cause of the injury. This is because Mitchell’s fracture didn’t occur until 10 days after the bombing – while she was on her way to the mailbox just outside her home.
According to the plaintiff, her right knee was weakened during the evacuation and it later gave out 10 days later. The defense countered that Mitchell did not sustain any injury during the evacuation and that she was even able to perform in an opera a day after the bombing. On the same day, she also walked a mile to and from the workplace.
Mitchell was awarded $500,000 in pain and suffering verdict. However, upon retrial, the new jury found for the defense.
Railroad Gap Injures 72-Year-Old Woman
May 8th, 2011 by Rosanne Lim. No Comments »
On June 14, 2006, Irene McDonald tried to board the train at the New Hyde Park Long Island Rail Road (LIRR) when she fell through a gap between the platform and the train door. The 72-year-old fell in up to her chest with her back against the platform and with her feet on the ground. Although other passengers helped her, she sued LIRR saying that the gap was unsafe.
The trial of her case began on January 16, 2009. The plaintiff claims that the defendant was fully liable for her injuries since the 12-inch gap exceeded LIRR’s own standard of 7-8 inches. The jury agreed with the plaintiff and found the defendant 100% liable. Ms. McDonald was awarded $175,000 for her injuries. However, there was evidence that Ms. McDonald was fully aware that the gap existed because she was a regular traveler in the area. Nonetheless, she failed to take her usual precaution as she was boarding the train. LIRR appealed and argued that their findings suggest comparative negligence on the part of the plaintiff.
On appeal, the defendant’s position regarding comparative negligence was upheld. As a result, the liability verdict was reversed and a new trial was ordered. Appellate judges also ruled that the past pain and suffering compensation of $110,000 for Ms. McDonald was excessive and reduced it to $75,000. They upheld the decision to award $65,000 for future pain and suffering.
The injuries Ms. McDonald sustained were not listed by the appellate court; these include:
- Extreme fright during the accident
- Bruises to both sins with eschar on one leg (area of dead skin) which require daily nursing case
- Skin loss with cavity on one leg which required split thickness skin graft
- Follow-up treatment using silver nitrate
- Permanent numbness, depression, and pain at the wound site
In a retrial, $140,000 will be maximum amount the plaintiff can receive for pain and suffering; this will be reduced further due to the plaintiff’s comparative negligence.
Eye Injury Costs New York City $8.5 Million
May 5th, 2011 by Rosanne Lim. No Comments »
Rodrigo Villaseca, who worked as a guidance counselor lost vision in his right eye after an emotionally disturbed kindergartner slammed a door in his face at PS 306 in the Bronx. The said door has been broken for more than a year; its hydraulic controller (which costs around $50) was no longer working. It prevents doors from slamming shot – this is a particularly important for schools and day care centers.
The injuries Mr. Villaseca sustained were as follows:
- Detached retina on the right eye
- Lost vision on the right eye even after nine surgeries
- Constant pain
- Need to for surgical implantation of false eye
Aside from the direct consequences of the incident, the guidance counselor also has a pre-existing condition on his left eye. The macular hole on his left eye caused him to have only very limited peripheral vision. Essentially, he cannot rely on his left eye to have vision and requires help from his wife to move around. He is also now incapable of working.
The Bronx County jury found that $8 million was the proper pain and suffering award; this is aside from the lost earnings award. However, the appeals court lowered the pain and suffering amount to $5 million. The total he received was $8.5 million ($3.5 million for medical expenses and lost earnings). As in cases where multi-millions are awarded to the plaintiff, some see this award as excessive. But other quarters will argue that this is no amount of money can compensate for losing your vision.
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$3 Million Pain and Suffering Award Given to 10-Year-Old
May 4th, 2011 by Rosanne Lim. No Comments »
On November 4, 2001, Leonari Jones had just joined a slumber party and was on a subway home to the Bronx with her babysitter and friends when disaster struck. When the train pulled in to her destination at 174th street, she tried to exit the subway car. However, as she placed her left foot on the platform, her right foot got caught between the doors. She tried to dislodge her left but wasn’t able to as the train pulled out.
What happened next can be any girl’s nightmare. The train sped up to 30 miles an hour and dragged Leonari for about 300 meters before it stopped. Afterwards, she fell 30 feet to the secondary platform. During those moments, her leg was broken even as her stomach, hands, and body were dragged and burned along the platform. Leonari was rushed to the hospital and diagnosed with:
- Second degree wounds (similar t burn injuries to 10% of her body surface area)
- Salter II fracture of the distal tibia on the right leg which extends to the growth plate
The 10-year-old victim also had to stay for nine days in the hospital where her leg was placed in a cast from torso to ankle every four to six hours. She also had to go through tissue debridements, which are extremely painful, to treat the burns. Leonari testified that she suffered post-traumatic stress symptoms as a result of the accident. She can only walk five months after with a limp.
An orthopedic expert testified that her broken leg is two centimeters shorter than the other leg due to the accident. A New York jury awarded $3,000,000 for pain and suffering; this is significant considering that the plaintiff never underwent surgery nor did she get psychological treatment until January 2005 because of the urging of her lawyers. The appellate court upheld the jury’s decision to award $3,000,000 to Leonori.
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