Lorenzo Gonzalez v. City of New York

Nov 14, 2006

OUTCOME: At trial, verdict for the plaintiff.

Lorenzo, 12 years old at the time of the accident, ran down the hall after a classmate in school who took his hat. A teacher decided to try to stop Lorenzo from running in the hall by sticking his foot ... out. Unfortunately, the teacher ended up tripping Lorenzo which resulted in a fractured leg. The City of New York made a final settlement offer at the time of trial of $15,000.00. Ultimately, at the end of dthe trial, the jury returned a verdict of $455,000. 00. The defendant appealed the verdict, which was denied, and the award upheld.

Emery Whyte v. Yvener Destra and Michael MacDonald, Jr.

Nov 12, 2002

OUTCOME: Verdict for Plaintiff in the amount of $275,000

Plaintiff, an elderly gentleman, was the driver of a car that was hit by another motor vehicle being driven by defendant. At issue was whether the impact of the accident was the cause of the plaintiff ... 's injuries. The ambulance call report contained the phrases "Very minimal damage to car", and "low speed impact". There were other similar notations in the plaintiff's hospital record. Despite the notations, and the fact that expert doctors for the defense testified before the jury that the plaintiff's injuries were the result of his old age and degeneration, the plaintiff was awarded a significant sum of money for his past and future pain and suffering.

Guillermo Clark, infant v. Gondolere Apts., Inc.

Dec 12, 2000

OUTCOME: Summary Judgment in favor of Plaintiff

The underlying action was one for money damages for the serious personal injuries suffered by Guillermo Clark, who was seven (7) years old at the time. While growing up and living with his mother in an ... apartment in Brooklyn, NY, there were constant leaks caused by faulty roof and wall repairs to the building. These leaks caused the paint within Guillermo's apartment to crack, chip and peel. Although Guillermo's mother complained about the deplorable situation to the landlord repeatedly, the repairs that ensued by the superintendent were sloppy and only worsened the condition. Guillermo began to develop horrible symptoms: headaches, loss of appetite, slurring of his words, insomnia, lack of coordination, and the like. Perhaps worse, Guillermo began suffering from learning disabilities in school. Guillermo's doctors diagnosed him as suffereing from lead based paint poisoning which was coming from his apartment. After lengthy motion practice and oral argument before the Court, Guillermo, the plaintiff was awarded Summary Judgment against the defendant landlord, who was found to be wholly responsible for Guillermo's injuries.

Contact Chiropractic v. General Assurance Company

N/A

OUTCOME:

Complete Orthopedic Supplies, Inc. a/a/o Joseph Harris v. State Farm Ins. Co., 2007 NY Slip Op 27192[16 Misc 3d 996]

N/A

OUTCOME: Plaintiff granted Summary Judgment

An excellent step-by-step analysis of what is required for a plaintiff medical provider to win Summary Judgment against the no-fault carrier.