PRO

Peter James Saghir's Legal Cases (3)

Call for a consultation Call (833) 643-0247 Message View Profile

Wrongful death

Nathan Dershowitz, as Executor of the Estate of Marilyn Dershowitz, deceased v. The United States of America

May 08, 2015

OUTCOME: Verdict $4,946,548.15. After a bench trial pursuant to the Federal Tort Claims Act, the magistrate found the United States of America 100% at fault for the happening of this accident.

FACTS & ALLEGATIONS: The plaintiff’s decedent, a 68-year-old woman, was riding her bicycle westbound on West 29th Street between 9th and 10th Avenues in New York City at approximately 12:00 p.m., on J ... uly 2, 2011. At the same time, a 7-ton United States Postal Truck being driven by a postal employee, Ian Clement, was traveling in the same direction behind the decedent. As the decedent and Mr. Clement proceeded westbound, the postal truck moved to the right and struck Mrs. Dershowitz as it attempted to pass her, knocking her to the ground, and then running her over with its right rear wheels. In addition plaintiff alleged that the Postal Service negligently and improperly parked a trailer perpendicular to West 29th Street on the north side of the street. That trailer protruded into the right travel portion of the roadway and obstructed Mrs. Dershowitz’s path of travel. That trailer, along with other trailers parked parallel to the road on the south side of the street, improperly narrowed the roadway forcing traffic to merge, thereby creating a dangerous and hazardous condition upon the roadway. The truck driver claimed that he did not drive his truck to the right and that he never saw Mrs. Dershowitz on her bicycle. In addition, the defense presented two non party witnesses that claimed the decedent suddenly lost her balance as the truck passed her but that there was no contact between the truck and the decedent until the decedent had fallen to the ground and was run over by the right rear wheels of the truck. INJURIES/DAMAGES: Claim was made for loss of earnings, pension and social security benefits, loss of parental care and guidance to two adult children (45 and 48 years old), loss of household services and funeral expenses. Several months prior to the accident, Marilyn Dershowitz had retired from the Supreme Court of the State of New York where she worked as a Special Referee. Plaintiff alleged that the decedent planned to start a solo mediation practice in New York after leaving her position with the Supreme Court. It was undisputed that the plaintiff had not earned any money as a mediator, had not rented space and had never been retained to mediate any cases. As a result of the accident, accident, the decedent suffered traumatic injuries and was pronounced dead at Bellevue hospital on the date of the accident. It was undisputed that by the time the ambulance arrived on scene the decedent was not conscious.

Personal injury

Ortiz v. New York City Transit Authority

Apr 21, 2014

OUTCOME: After two days of deliberation, the jury found the New York City Transit Authority 55% at fault and the plaintiff 45% at fault for the accident. The jury awarded the plaintiff $8,570,000.

FACTS & ALLEGATIONS: The plaintiff, a 36-year-old woman, was riding her bicycle south on Broadway (also known as Union Square East) in New York City heading towards East 14th Street at approximately 4 ... :00 p.m., on May 13, 2010. At the same time, a New York City Transit Authority bus was traveling southbound in the same direction as the plaintiff. As the plaintiff approached the intersection of East 14th Street she noticed the traffic light change from green to yellow and she began to slow down. She testified she was in the right lane riding her bicycle at approximately 5 mph when she was struck from behind by the bus. She was dragged into the intersection where the right rear wheels of the bus rolled over her legs. The bus driver claimed that he was in the center or left lane at the time of the accident and that the plaintiff suddenly and unexpectedly rode her bicycle across two lanes of traffic from the right lane to the left lane and struck the right side of the bus. It was undisputed that the plaintiff ended up in the left-hand lane of this three lane roadway. Both the plaintiff and the defendant called their respective accident reconstructionists to backup their theory of the accident. The defendant also called a human factors expert to testify that the plaintiff was not keeping a reasonable and proper lookout as she approached the intersection and that the bus driver had multiple tasks on which to focus and that he was not at fault. INJURIES/DAMAGES: The plaintiff suffered a degloving injury to her right leg as well as fractures to the distal tibia and fibula of her left leg. The plaintiff’s entire claim was based on pain and suffering and loss of enjoyment of life. No claims were made for past or future medical expenses or past or future lost earnings.

Personal injury

Gregware v. The City of New York, Burtis Construction Co.

Apr 15, 2013

OUTCOME: Jury found City of New York 65% responsible and construction company 35% responsible. Jury also found plaintiff was free from comparative fault. Jury awarded plaintiff $7,125,000.

FACTS & ALLEGATIONS: The plaintiff, a 41-year-old man and father of three young children, was returning home from work in the early morning hours of May 20, 2006. Six weeks earlier his wife had given ... birth to a baby girl via C section. His other two children included a four-year-old boy and a two-year-old boy. He worked as a film editor and was self employed. On the night of the accident the plaintiff left his midtown Manhattan workplace at around 3 o'clock in the morning. Unbeknownst to the plaintiff, the City of New York and its construction company (Burtis Construction Co., Inc.) were performing road repair work on the West Side Highway. They were involved in a short term construction project to repair expansion joints along the West Side Highway in the vicinity of 72nd to 79th Streets. As part of its contract with the City, the construction company was required to properly notify drivers that the roadway was being shut down from three lanes to one lane of travel. This closure of the roadway was supposed to be performed in conformance with the dictates of the Manual for Uniform Traffic Control Devices and with the Maintenance and Protection of Traffic Plan spelled out by the City of New York in the contract. Specifically, appropriate signs should have been placed along the highway south of the roadwork along with tapers and transitions of barrels fitted with lights to notify and warn drivers that the left two lanes were being shut down. When the plaintiff left his office to drive home he drove northbound on the Westside Highway. As he reached the area of 79th St. he was involved in a fender bender with another car. He got out to check to make sure that everyone was alright. He then returned to his car to put on his hazard lights on and to obtain his insurance information to exchange with the other driver. Shortly after getting his insurance information and while he was out of his car he was struck from behind by another driver, Abelardo Da-Silva. Needless to say, the plaintiff was never provided with appropriate notice that the City of New York and its construction company were doing work in this area. The plaintiff testified that he never saw signs or barrels notifying him of the imminent lane closures. Other drivers also testified that they were not given sufficient notice and warning that construction was taking place. The construction foreman testified that he had properly laid out all signs, barrels and cones to notify drivers; however, the jurors chose chose not to believe his testimony (which was taken at deposition). The City inspector testified that he had checked the traffic pattern; however, he conceded on cross examination that he was unfamiliar with the Manual for Uniform Traffic Control Devices. INJURIES/DAMAGES: The plaintiff suffered knee injuries including torn anterior cruciate ligaments bilaterally posterior cruciate ligaments bilaterally and medial collateral ligament tears. He underwent five surgical procedures. The plaintiffs entire claim was based on pain and suffering and loss of enjoyment of life. The plaintiff’s wife brought a derivative claim for past and future loss of services. No claims were made for past or future medical expenses or past or future lost earnings.