Grskovic v. Cecere (Supreme Court, Westchester County):
Defendant James Cecere lost control of his motor vehicle and crossed over the double yellow line striking two vehicles in the opposite lane of travel when he suffered an episode of syncope (blackout) caused by a previously undiagnosed brain tumor. Plaintiff suffered numerous orthopedic injuries. A bifurcated trial was conducted with the jury delivering a defendant’s verdict after the liability phase was completed, concluding that the accident was the result of an unforeseen medical emergency.
Kleiber v. Fichtel (Supreme Queens):
Damages only trial arising from motor vehicle accident. Plaintiff underwent one level cervical fusion surgery, two level lumbar fusion surgery and arthroscopic surgery to right shoulder after the accident. Jury accepted defense that plaintiff’s claimed injuries were due to a prior accident and arthritis, and delivered a verdict in favor of the defense on no serious injury threshold.
Murphy v. Ford (Supreme Westchester):
Damages only trial arising from a very severe collision on Saw Mill Parkway. Plaintiff, who sustained spinal fractures, including a burst fracture at L1, underwent a six level spinal fusion from T10 to L3, and never worked full time again after the accident. The jury awarded a total of $361,500.00 in damages, with $250,000.00 attributed to past pain and suffering and $111,500.00 for future pain and suffering.
Ortiz v. Dengler (Supreme Bronx):
Damages only trial arising out of an accident when defendant Norbert Dengler, while operating his motor vehicle, struck pedestrian Lourdes Iniguez-Ortiz as she was crossing 198th Street in the crosswalk. Plaintiff underwent two arthroscopic surgical procedures on the left knee, cervical spine fusion surgery and lumbar spine surgery. Jury awarded $300,000.00 in past pain and suffering and $50,000.00 in future pain and suffering, for a total award of $350,000.00. Plaintiff turned down settlement offer of $900,000.00 prior to summations being delivered.
Walsh v. Michelson (Supreme Bronx):
Obtained dismissal of complaint filed on behalf of the New York City firefighter who claimed to have sustained an injury while fighting a fire in a six story walk-up building, in which the defendant rented an apartment. Plaintiff’s complaint alleged causes of action sounding in negligence and violation of General Municipal Law § 205-a, claiming that defendant, an observant Jew, left her apartment during the evening of the Jewish Sabbath without first turning off a warming tray/hot plate which she had used earlier in the day to heat food that she then took to a friend’s home as part of a Sabbath meal. Investigation revealed that the fire originated in defendant’s apartment. Hon. Julia Rodriguez granted defendant’s motion for summary judgment and dismissed plaintiff’s complaint in its entirety.