Thomas Michael Laquercia's Legal Cases (4)

Personal injury

Giaccotto v. NYCTA

N/A

OUTCOME:

184 A.D.2d 355 (1st Dept. 1992). The plaintiff pedestrian was injured in a fall into a subway air shaft and brought an action for negligence against the New York City Transit Authority. After a jury ve ... rdict for $660,000, this office undertook an appeal which resulted in a reversal. On appeal, the Appellate Division, First Department, reversed and remanded holding that the failure to submit to the jury a factual question as to whether tampering with subway air shaft grate was sufficiently overt and took place over a sufficiently long period of time to afford the Transit Authority, in the exercise of reasonable care, an opportunity to discover and remedy the situation and required retrial. Upon the retrial, the matter was settled for only $25,000, approximately 3.5 percent of the verdict.

Personal injury

Selwyn Building Collapse.

N/A

OUTCOME:

Represented an insured of AIG Excess Select involving the collapse of an office building on West 42nd Street near Times Square. No one thought it was possible, but Mr. Laquercia was able to place into ... evidence a computer-generated accident reconstruction which was played for the jury during trial and summation. One plaintiff, the New York State Development Authority, represented by an attorney who is now on the Court of Appeals, demanded $1.6 million to settle. Counsel for the plaintiff turned down an offer of $910,000 during jury deliberations and was awarded only $750,000 by the jury.

Personal injury

Feaster v. New York City Transit Authority

N/A

OUTCOME:

Plaintiff, who fell to the subway tracks as a train was entering the station during a World Series, was run ove resulting in the amputation of his leg. The verdict in favor of the plaintiff was $3,250, ... 000 and reduced to almost $2,250,000 for 30 percent comparative negligence. We won a unanimous reversal. This decision is the only one known to the writer that specifically deals with treatment of video accident reconstruction which we employed and the standard to be applied for its introduction into evidence. Upon retrial, the case was settled for $120,000, about three and a half percent of the original damages verdict.

Personal injury

Echevarria v. New York City Transit Authority, Supreme Court, New York County.

N/A

OUTCOME:

The plaintiff in this case had claimed that he had his foot caught between the train and the platform at 23rd Street on the A line on March 14, 1998, when he was propelled across the platform and inj ... ured his shoulder. Against the demand of the plaintiff for $300,000, a verdict was obtained in favor of the New York City Transit Authority.

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