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On May 31, 2013, at about 4 p.m., Jose Cabrera was a passenger on a motorcycle being driven by his friend Elido Gonzalez. They had each worked that day as contractors renovating residential apartments and were on their way to pick up checks for their wages when they collided with a New York City Transit Authority bus on Westchester Avenue near 156th Street in the Bronx. As a result of the impact, the motorcycle was…
On November 16, 2011, Lush Dacaj slipped on concrete stairs going down to the subway at Rockefeller Center at Sixth Avenue and West 47th Street in Manhattan. Dacaj slipped on the tread of the third-highest step and fell to the bottom of the stairs sustaining serious neck injuries. In his ensuing lawsuit against the subway station operator, the New York City Transit Authority, Dacaj (74 years old at trial) claimed that he slipped and fell because…
On August 15, 2012, Elaine Steinbok was on her way home from work when the taxicab in which she was a rear seat passenger made a left turn and struck a New York City Parks & Recreation vehicle at the intersection of Riverside Drive and West 76th Street in Manhattan. Ms. Steinbok, then 34 years old, sued both drivers. A jury ultimately determined that the taxi driver was fully at fault and the city driver…
On November 22, 2002 Edward Beloyianis, then 14 years old, underwent spinal surgery at Columbia Presbyterian Medical Center intended to correct long-standing severe congenital scoliosis. He came out of the surgery paralyzed from the waist down. In his ensuing medical malpractice lawsuit, plaintiff claimed that that the surgeon and hospital should have sent Edward for an intra-operative CT scan (that would have shown screws in or abutting the spinal cord canal) and that their failure…
On September 21, 2011 Mark Fabiano, then 49 years old, was injured when he fell 18 feet to the pavement from a scaffold that he was helping to erect under a New York State Thruway bridge in Catskill. In the ensuing Court of Claims lawsuit, Mr. Fabiano’s motion for summary judgment of liability under Labor Law section 240(1) was granted, and the matter then proceeded to a bench trial on damages. The judge awarded claimant…
On June 4, 2007, Rowan Lewis was a front seat passenger in a van on a parkway in New Jersey on his way to work. In a single car accident, the van spun out of control and flipped over on its back. In his ensuing lawsuit against the van owner, Mr. Lewis claimed that he sustained rib, knee and shoulder injuries. He was granted summary judgment as to liability and the matter proceeded to a…
On February 6, 2014, David Flowers was working at a construction site in Buffalo when he was struck by a load of falling steel rebar causing injuries to his shoulder. In his ensuing lawsuit, the 34 year old ironworker plaintiff was granted summary judgment on his Labor Law 240(1) claim against the project owner and general contractor. In the damages trial, the jury awarded plaintiff pain and suffering damages in the sum of $150,000 (all…