Construction worker injured when he was struck by a cement jersey barrier which fell over after being hoisted off the roadway. Worker sustained fractures to his left leg and foot requiring multiple su...rgeries for infection which developed.
Medical malpractice
Jenny Castillo v. Rosendo Icochea M.D.
Mar 06, 2013
OUTCOME: $750,000.00 award
Supreme Court Queens County. $750,000 Award for disfiguring injuries due to improperly performed plastic surgery
Brain injury
Rhoda Rosenberg v. HUB Truck Rental
Jan 01, 2009
OUTCOME: Settlement $2,700,000.00
74 year old woman who sustained a stroke and permanent paralysis of the right side of her body as a result of a motor vehicle accident. . She claimed that she could no longer perform most of her daily... activities and that she has to be confined to an assisted living facility. She also claimed that she is not able to return to work.
Medical malpractice
Arasin vs. Mehlman, M.D.
N/A
OUTCOME: Verdict: $475,000
Negligent performance of a colonoscopy
Car accident
Rhoda Rosenberg v. Hub Truck Rental Corp. and Thomas A. Chance
N/A
OUTCOME: Settlement: $2,700,000
Car accident
Anthony Palma v. Ebro Devivo
N/A
OUTCOME: Settlement: $695,000
Car accident
Case: Florence E. Roth as Admin of the Estate of William Nichols v. Matthew Plant & Frank Plan Jr.
N/A
OUTCOME: Plaintiff's verdict 1.25 million
Case No: 11714/05
Court: Suffolk Supreme
Judge: Arthur G. Pitts
Date: 1/27/2009
Plaintiff Attorney(s): Richard A. Dubi Gregory D. Bellantone
Defense Attorney(s): Robert W. Doyle Jr., Le...wis Johs Avallone Aviles, LLP, Melville, NY
Facts and Allegations: At about 10:15pm on April 7, 2005, plaintiff’s decedent William Nichols, 27, a self-employed dog-walker was driving on the eastbound side of East Pulaski Road, near its uncontrolled intersection at Winoka Drive, in Huntington Station. As he proceeded through the intersection, his car collided with a car that was being driven by Matthew Plant. Nichols sustained injuries of his aorta, an arm, his back, his lungs and his neck.
Nichols sued Plant and the owner of Plant’s vehicle, Frank Plant Jr. Nichols alleged that Matthew Plant was negligent in the operation of his vehicle. Nichols further alleged that Frank Plant Jr. was vicariously liable for Matthew Plant’s actions.
Nichols subsequently died, though his death was not related to the injuries that he sustained during the accident. The suit was continued by his grandmother, Florence Roth, who was acting as administrator of the estate.
The estate’s counsel claimed that the collision occurred while Matthew Plant was executing a left turn onto the southbound side of Winoka Drive, from the westbound side of East Pulaski Road. They contended that Plant’s turn crossed the direct path of Nichols’ car. A witness claimed that she was driving behind Nichols’ vehicle, and she opined that Plant had not activated his vehicle’s headlights.
Plant contended that the collision occurred while he was stopped in a lane that was designated for motorists who were executing left turns. He claimed that Nichols crossed East Pulaski Road’s double yellow line and initiated a head-on collision.
The court heard testimony by the police officer who investigated the accident. The officer claimed that Nichols’ vehicle ultimately stopped east of the intersection facing in a westbound direction, and that Plant’s vehicle ultimately stopped west of the intersection, facing in an eastbound direction. The estate’s accident-reconstruction expert opined that the collision occurred while both cars were in motion, and he concluded that it could not have been a head-on collision.
Injuries / Damages: aneurysm; bulging disc, cervical; bulging disc, lumbar; decubitus ulcer; embolism; fracture, arm; fracture, femur; fracture, leg; fracture, radius; fracture, ulna; internal fixation; open reduction; pneumothorax