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Verdicts & Settlements
$2,300,000.00 - Products Liability-Cervical Fracture-Spinal Fusion
Plainitff, a college student was attending a Spring Festival at his school. An inflatable obstacle course, manufactured by Cutting Edge Creations was assembled for the event. When plaintiff was diving through the beginning portion of the course, his body folded over on his neck. As a result he sustained a cervical fracture which required a surgical fusion. Plaintiff later underwent a second surgery for a torn rotator cuff. HKPD retained the most well respected amusement ride engineer in the country. HKPD was able to prove that the inflatable was defectively designed and did not have the appropriate warnings. The case settled just prior to jury selection for $2,300,000.00.
$2,000,000.00 - Elderly Woman Burned By Scalding Water-Premises Liability
Plaintiff, an 84 year old disabled woman,was bathing in her shower, when without warning, scalding hot water blasted from the pipes onto her legs. When she attempted to turn off the shower, the hot water knob came loose in her hand. The plaintiff suffered 1st and 2nd degree burns on her lower extremities. She required extensive hospitalization and developed gangrene on her foot. HKPD was able to uncover prior written complaints to the landlord about the loose knob. HKPD partner, Jonathan Damashek recovered $2,000,000.00 during a mediation just prior to trial.
$1,250,000.00 - Injured New York City Fireman – Premises Liability - Neck Surgery
Plaintiff, a Lieutenant in the New York City Fire Department, was injured while responding to a call when his mask got caught on a metal protrusion. Plaintiff sustained a neck injury that ultimately required a cervical discectomy and spinal fusion at C5-6 and C6-7. Plaintiff sued the building owner and managing agent pursuant to General Municipal Law 205-a for negligence, violations of the New York City Building Code, pain and suffering and lost wages. The case settled for $1,250,000.00 before trial.
$1,750,000.00 - Construction Worker-Labor Law-Struck by Falling Debris
Plaintiff, a self-employed construction worker was struck by wet cement being poured 29 floors above him at a construction site. As a result of being struck, he fell six feet off of the back of a flatbed truck where he was working. Plaintiff suffered an ankle injury which required surgery and an exacerbation of a pre-exisiting lumbar back injury which also required surgeries. Defendants claimed the back injury was degenerative in nature since plaintiff was being treated for back pain by his doctors in the years leading up to the accident. Plaintiff did not have a lost earnings claim since he did not miss any time from work. HKPD won liability on a summary judgment motion under Labor Law Section 240 and 241(6). The case settled at a mediation right before a trial on damages for $1,750,000.00.