The Result Speaks for Itself

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1 VerdictSearch.com

2 $13,000,000 Settlement v. State of New York The Result Speaks for Itself 2013

3 PUBLISHERS LETTER 4 TOP 25 NEW YORK SETTLEMENTS IN TOP 25 NEW YORK CASE SUMMARIES IN TOP 2013 SETTLEMENTS BY CATEGORY 33 Animals Motor Vehicle: Parked Car Farrell McManus Associate Publisher, New York Law Journal Advertising/Sponsorship Sales Roseann Agostino Richard Berger Civil Rights Construction Consumer Protection Dangerous Condition of Public Property Government Insurance Intentional Torts Motor Vehicle: Bicycle Motor Vehicle: Broadside Motor Vehicle: Crosswalk Motor Vehicle: Dangerous Condition Motor Vehicle: Hit & Run Motor Vehicle: Intersection Motor Vehicle: Lane Change Motor Vehicle: Left Turn Motor Vehicle: Lemon Law Motor Vehicle: Motorcycle Motor Vehicle: Multiple Vehicle Motor Vehicle: No-Fault Case Motor Vehicle: Parental Liability Motor Vehicle: Passenger Motor Vehicle: Pedestrian Motor Vehicle: Question Lights Motor Vehicle: Railroad Crossing Motor Vehicle: Rear End Collision Motor Vehicle: Red Light/Stop Sign Motor Vehicle: Reversing Motor Vehicle: Right Turn Motor Vehicle: Sideswipe Motor Vehicle: Speeding Premises Liability Privacy Products Liability Recreation Road Defect Slips, Trips & Falls Transportation Worker/Workplace Negligence Workplace Wrongful Death Peter Hano Michael Kalbfell Patty Martin Indera Singh For advertising information please call VerdictSearch s Top New York Settlements of 2013 is published by ALM, 120 Broadway, New York, NY Breaking Legal News Now in an App. Access the best source of legal news and information on the go, wherever you are. All news, articles and content are complimentary through September 30. VerdictSearch s Top New York Settlements of

4 Dear Readers, Welcome to Top Settlements New York 2013, a special section of the New York Law Journal encompassing settlements, mediations and arbitrations. The lawyers and law firms who are ranked in this special section represent the best of the best in Their zealous advocacy on behalf of their clients is inspiring and deserving of our respect. In addition to highlighting the Top 25 settlements, mediations and arbitrations reported to Verdict Search in 2013 we also break down these listings by categories including Construction, Medical Malpractice, Premises Liability, Motor Vehicle and Workplace Safety. The following pages represent the passion, determination and skillful expertise of your colleagues. The work of these advocates in 2013 was outstanding and we salute them. If you do not see a case you worked on last year, we encourage you to begin reporting your cases to VerdictSearch. You can submit a case to VerdictSearch by telephone at For subscriptions to the VerdictSearch database of 175,000+ cases, call sales at VerdictSearch is second to none when it comes to verdict and settlement research and reporting. For over 40 years, VerdictSearch has been the nation s trusted source for news and research, providing legal and insurance professionals with the most accurate, detailed case reports each week. You can find them online at If you are interested in this topic, please remember that every Monday on page 5, the New York Law Journal runs a special Verdicts & Settlements section in the paper highlighting recently submitted important or newsworthy cases. Finally, I would like to extend a special thanks to the New York Law Journal sales, marketing and design teams as well as our consultant on this project, Brian Corrigan, and his team. Their efforts enabled this fantastic supplement to come together despite tight deadlines and a lot of changes by yours truly. As always, if you have any thoughts on this program or any other we run here at the New York Law Journal please drop me a line. I can be reached at I look forward to hearing from you! Warm regards, 4 VerdictSearch s Top New York Settlements of 2013

5 MEDIATED SETTLEMENTS A SAMPLING OF CASES RESOLVED IN OUR PERSONAL INJURY DIVISION DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT ,000, ,250, ,400, ,300, ,000, ,900, ,700, ,700, ,200, ,500, ,900, ,000, ,925, ,000, ,800, ,000, ,300, ,000, ,175, ,500, ,950, ,750, ,350, ,950, ,750, ,750, ,900, ,800, ,100, ,100, ,715, ,000, ,000, ,750, ,800, ,700, ,800, ,900, ,500, ,500, ,250, ,350, ,500, ,000, ,750, ,750, ,000, ,750, ,000, ,500, ,100, ,800, ,000, ,025, ,900, ,500, ,000, ,400, ,500, ,365, ,500, ,250, ,000, ,050, ,000, ,700, ,000, ,600, ,000, ,450, ,250, ,750, ,500, ,950, ,100, ,150, ,000, ,600, ,300, ,400, ,950, ,000, ,000, ,000, ,475, ,400, ,000, ,030, ,350, ,500, ,550, ,500, ,800, ,225, ,000, ,250, ,933, ,110, ,000, ,650, ,300, ,500, ,000, ,750, ,600, ,400, ,800, ,800, ,000, ,000, ,250, ,000, ,000, ,000, ,500, ,250, ,700, ,500, ,300, ,400, ,500, ,000, ,925, ,300, ,000, ,250, ,850, ,500, ,300, ,400,000 In addition to administering a wide variety of cases, including complex commercial and employment matters for more than 50% of the Fortune 100 companies, NAM also settles a significant number of personal and catastrophic injury matters. In fact, in 2011 alone, NAM s personal injury division resolved more than $1billion dollars of such cases in New York State. The Better Solution 122 East 42nd Street, Suite 803, New York, New York Additional Locations: Garden City, Brooklyn, Staten Island, Westchester and Buffalo (800)

6 TOP 25 NEW YORK SETTLEMENTS IN Gardener v. City of New York & Gardener v. State of New York 2 Rutland v. State of New York 3 Alpirez v. WBB Construction Inc. 1/2/13 Bronx & Court of Claims, NY 6/5/13 Court of Claims, Rochester Speeding: Car crash killed six; inadequate median barrier blamed Motor Vehicle: Road's defect led to paralyzing neck injury, bicyclist claimed 12/4/13 New York Demolition: Large falling pipe struck in the head causing fall from 12 ft scaffold. 4 Figueroa v. NYCH & HC 1/14/13 Bronx Failure to Diagnose: Child's apnea led to hypoxia, damage of brain, suit alleged 4 Estate of Mata v. Woodbourne Arboretum Inc. 6 Dolan v. New York Presbyterian Hospital 3/5/13 Suffolk Labor Law: Bystander killed during workers' repair of irrigation device 6/3/13 New York Labor Law: Hoisting accident caused spine, shoulder injuries, worker claimed 7 Gallagher v. Resnick 8/14/13 Kings Masonry supplier fell off roof. Summary judgment on Labor Law 240(1) granted on appeal. 8 Stallone v. Plaza Construction Corp. 5/9/13 New York Accidents: Crane's ladder slippery and dangerous, worker claimed 8 Chan v. Railex LLC 1/17/13 Kings Improper loading of truck led to paralyzing injury, worker alleged 10 Marca v. Andrew James Interiors 12/5/13 Queens Bicycle: Intoxicated bicyclist struck by van. Police report adverse to plaintiff. 11 Hodor v. Kooyker 5/30/13 New York Speeding: Motorist not mindful of wet road, injured passenger claimed 12 Aguilar v. Alonzo 4/25/13 Kings Multiple Vehicle: Trucker's inattentiveness led to fishtailing, accident, suit alleged Jeff S. Korek, New York, NY of Gersowitz, Libo & Korek, P.C.; Eric J. Buckvar, $22,194,000 New York, NY of Buckvar & Buckvar; Robert Harnick, New York, NY of Harnick & Harnick Victor L. Mazzotti, Albany, NY of Martin, Harding & Mazzotti, LLP $13,000,000 Marc J. Rothenberg, Esq., of The Rothenberg Law Firm LLP $11,500,000 Robert J. Genis, Bronx, NY of Sonin & Genis $7,000,000 Robert S. Kelner, Gerard K. Ryan, Jr. & Gail S. Kelner, New York, NY of $7,000,000 Kelner & Kelner Kenneth Sacks & Daniel Weir, New York, NY of Sacks & Sacks, LLP $6,350,000 David H. Mayer, New York, NY of Sacks & Sacks LLP $6,200,000 David H. Perecman & Adam M. Hurwitz, New York, NY of The Perecman Firm, $6,000,000 PLLC; Paul W. Cutrone, Douglaston, NY of Law Offices of Paul W. Cutrone William J. Ryan, New York, NY of Lurie, Ilchert, MacDonnell & Ryan LLP $6,000,000 Kenneth Wilhelm, New York, NY of Law Office of Kenneth A. Wilhelm $5,600,000 Paul J. Edelstein & Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & Brown LLP; Judah Z. Cohen, New York, NY of Judah Z. Cohen, PLLC; Daniel A. Thomas, New York, NY of Daniel A. Thomas, P.C. Sharon A. Scanlan, Newburgh, NY of Jacoby & Meyers; Lorenzo J. Tasso, Long Island City, NY $5,500,000 $5,000,000 Alan S. Ripka, Esq. Trial Lawyer I am proud to have achieved the Top NY Settlements in 2013 $2,400,000 Ranked 3rd in Medical Malpractice $2,000,000 Ranked 5th in Medical Malpractice $1,000,000 Ranked 8th in Medical Malpractice Headquarters Empire State Building 350 Fifth Avenue New York, NY NapoliBern.com Personal Injury Medical Malpractice Wrongful Death 6 VerdictSearch s Top New York Settlements of 2013

7 TOP 25 NEW YORK SETTLEMENTS IN Estate of Burgio v. Leroy Holding Co. Inc. 14 Muriqi v. Charmer Industries Inc. 15 Cruz-Acosta v. 15 Fort Washington Avenue Housing Development Fund Corp. 16 Geiger v. Consolidated Edison Co. of New York Corp. 5/7/13 Niagara Tired trucker crossed line, caused fatal crash, suit alleged 4/16/13 Bronx Workplace Safety: Fall through shelf caused disabling injuries, worker claimed 1/16/13 Bronx Proper equipment would have prevented fall, worker claimed 3/1/13 New York Worker fell out of truck, injured brain, spine, shoulder 17 Wallner v. County of Ulster 7/31/13 Ulster County, town ignored recurrent road hazard, plaintiff claimed 18 Young v. Singh 2/1/13 Queens Railroad Crossing: Samaritan hurt when train hit and toppled disabled rig 19 Clarke v. AKHK Brooklyn Restaurant, LLC 12/3/13 Kings Labor Law: injured shoulder and neck after falling off scaffold. 20 Camacho v. Salem 5/1/13 Dutchess Obstetrics: Botched delivery resulted in developmental delays and autism spectrum disorder. 21 Hadden v. Boxberger 1/7/13 Ulster Roofer claimed icy conditions necessitated scaffold or harness 22 Mejias v. Ceva Logistics U.S. Inc. 10/5/13 Queens Trucking: Makeshift fix of truck's lift gate led to accident, suit alleged 23 Diaz v. City of New York 7/23/13 Bronx Speeding: claimed she was struck by speeding police vehicle 23 Berisha v Bronxdale Corp. 25 Sanchez v. Lonero Transit Inc. 3/7/13 Bronx Apartment: Toddlers burned by water falling off unsecured stove, plaintiff alleged 4/9/13 Bronx Broadside: Vehicular accident caused spinal injury, plaintiff claimed John J. Fromen, Jr., Buffalo, NY of John J. Fromen Attorneys At Law, P.C. $5,000,000 Scott Occhiogrosso & Daniel P. O'Toole, New York, NY of Block, O'Toole & $4,650,000 Murphy, LLP Jacob Oresky, Bronx, NY of Jacob Oresky & Associates, PLLC $4,500,000 David H. Mayer & Kenneth Sacks, New York, NY of Sacks & Sacks $4,300,000 Terrence E. McCartney, New York, NY of Rheingold, Valet, Rheingold, $4,000,000 McCartney & Giuffra LLP Stephen J. Murphy & Christina Mark, New York, NY of Block O'Toole & $3,925,000 Murphy, LLP David H. Perecman, New York, NY of The Perecman Firm, PLLC $3,600,000 Brian Brown, New York, NY of Zaremba Brownell & Brown PLLC $3,500,000 Joseph E. O'Connor, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C. $3,350,000 Jonathan S. Damashek, New York, NY of Hecht Kleeger & Damashek, PC $3,050,000 Steven Smedresman, New York, NY of Law Office of Steven Smedresman $3,000,000 P.C. and Alan R. Chorne, Esq., New York, NY Ylber Albert Dauti, New York, NY of The Dauti Law Firm, P.C. $3,000,000 Daniel P. O'Toole & Frederick C. Aranki of Block, O'Toole & Murphy, LLP, New York, NY, trial counsel to Elliot Ifraimoff & Associates, P.C., Forest Hills, NY $2,925,000 The Lurie, Ilchert, MacDonnell & Ryan firm is located in New York City and specializes in personal injury law. The law firm consists of 4 experienced attorneys and 10 assistants, investigators, interpreters and secretaries. We have obtained more than 100 recoveries of $1,000,000 or more for our clients. THE #8 SETTLEMENT IN NEW YORK STATE IN 2013 Congratulations to Partner Bill Ryan for securing this family s future through his efforts. 475 Park Avenue South, Suite 2800 New York, NY Phone - (212) VerdictSearch s Top New York Settlements of

8 TOP 25 NEW YORK CASE SUMMARIES IN 2013 Number One Motor Vehicle Motor Vehicle Transportation Government Wrongful Death Car crash killed six; inadequate median barrier blamed AMOUNT TYPE Case VENUE Judge $22,194,000 combined settlement for all plaintiffs in two related matters Settlement Gardener v. City of New York & Gardener v. State of New York Bronx Court and NYS Court of Claims Alison Y. Tuitt, Bronx County Court Hon. Faviola Soto, NYS Court of Claims Date January 2, 2013 Injury Type(s) leg - fracture, fracture, femur head - head, closed head injury brain - coma, brain damage, traumatic brain injury other - death, hematoma, unconsciousness, physical therapy surgeries/treatment - open reduction, internal fixation mental/psychological - cognition, impairment, memory, impairment (s) Felicia Green, Howard Raymond, Sandra Gardener, Brenda G. Peters, Shatora Gardener, Eleanor Blackwell, Estate of Aysia Green, Estate of Brendan Daye, Estate of Jamel Gardener, Estate of Derrick Gardener, Estate of Keywann Gardener, Estate of Jeremiah Blackwell Attorney(s) Jeff S. Korek; Gersowitz, Libo & Korek, P.C.; New York, NY, Eric J. Buckvar; Buckvar & Buckvar; New York, NY, Robert Harnick; Harnick & Harnick; New York, NY expert(s) Wayne Gordon Ph.D.; Neuropsychology; New York, NY; Ronald Simon M.D.; Trauma; Bronx, NY; Charles Kincaid Ph.D.; Vocational Rehabilitation; Hackensack, NJ Jeffrey Siedenberg Ph.D.; Economics; Riverdale, NY Michael Lipton M.D., Ph.D.; Neuroradiology; New York, NY Nicholas Bellizzi P.E.; Engineering; Holmdel, NJ Defendant(s) City of New York, (in Bronx ) Estate of Keywann Gardener (in Bronx ) State of New York (in NYS Court of Claims) Facts & Allegations On July 9, 2006, plaintiff s decedent Keywann Gardener, 23, was driving on the southbound side of the Bronx River Parkway, in the West Farms section of the Bronx. Howard Raymond, 20, a student, and plaintiff s decedents Jeremiah Blackwell, 43, Brendan Daye, 18, Derrick Gardener, 23, Jamel Gardener, 14, and Aysia Green, 8, were passengers. Keywann Gardener lost control of his car while he was approaching the interchange at 177th Street. The car mounted a 2-foot-tall cement barrier that separated the southbound and northbound sides of the parkway, traveled some 200 feet, struck a light post, and landed on the road s northbound side, where it collided with a van and a car. Blackwell, Daye, Derrick Gardener, Jamel Gardener, Keywann Gardner and Green sustained fatal injuries. Raymond sustained injuries of his head and a leg. Raymond s guardian and the estates of Blackwell, Daye, Derrick Gardener, Jamel Gardener and Green sued Keywann Gardener and the Bronx River Parkway s maintainer, the city of New York. The plaintiffs alleged that Keywann Gardener was negligent in the operation of his vehicle, that the city was negligent in its maintenance of the parkway and that the city s negligence created a dangerous condition that caused the accident. In a subsequent filing, Keywann Gardener s estate sued the city of New York. The estate alleged that the city was negligent in its maintenance of the parkway. The estate further alleged that the city s negligence created a dangerous condition that caused the accident. These two NYS Court cases were consolidated. The plaintiffs expert engineer opined that the barrier, which was constructed in 1948, was not of sufficient height to stop or redirect vehicles that were headed toward oncoming traffic. A similar fatal accident occurred some 19 years prior to the instant accident, and, as such, plaintiffs counsel contended that the city was aware that the barrier was inadequate. s counsel also presented two employees of the New York City Department of Transportation, which maintains the city s roads. The witnesses claimed that they had notified supervisors that the barrier was inadequate. They also opined that the barrier, given its small size, could have acted as a ramp. The city s counsel contended that the barrier was of state-of-the-art quality. They claimed that the accident was solely a result of Keywann Gardener driving erratically and failing to maintain a safe speed. Gardener s estate s counsel contended that the city s counsel could not establish that Gardener was speeding. He claimed that an adequate barrier would have prevented the accident. Summary judgment rulings established that Gardener was negligent in the operation of his vehicle and that the city was negligent in its failure to address the adequacy of the barrier. s suit against New York State advanced substantially the same allegations as against the City in the Bronx Court matters. Injuries/Damages Blackwell, 43, Daye, 18, Derrick Gardener, 23, Jamel Gardener, 14, and Green, 8, were believed to have died immediately from head injuries. Their respective estates sought recovery of wrongful-death damages. Blackwell s widow and the mothers of the other decedents presented derivative claims. Keywann Gardener, 23, sustained a fatal injury, though he was alive when he was rescued from his vehicle. He was placed in an ambulance, and he was transported to a hospital, where he was pronounced dead. His estate sought recovery of wrongful-death damages that included damages for his pain and suffering. Howard Raymond sustained an injury of his head and a fracture of the distal region of his right leg s femur. He became comatose. He was placed in an ambulance, and he was transported to Jacobi Medical Center, in the Bronx. His fracture was addressed via open reduction and internal fixation. His coma lasted several weeks, and his hospitalization lasted 40 days. He subsequently underwent about eight weeks of inpatient physical therapy. Raymond s counsel contended that his client sustained brain damage causing impairment of attentiveness, executive functions, memory and other cognitive functions. Counsel claimed that Raymond undergoes occupational therapy and requires assistance of many of his everyday activities. He also claimed that Raymond, a high school senior at the time of the accident, had expected to play college basketball. He contended that Raymond cannot attend college, play basketball or obtain gainful employment. He also contended that Raymond s condition will eventually necessitate the retention of a residential aide. Raymond sought recovery of past and future medical expenses, the cost of future residential care, past and future lost earnings, and damages for past and future pain and suffering. Defense counsel contended that Raymond is employable. They also contended that he will not require a residential aide. Result Bronx County Court matter The city negotiated several pretrial settlements. Daye s estate recovered $300,000; Derrick Gardener s estate recovered $499,000; and Green s estate recovered $150,000. However, those agreements did not resolve the settling plaintiffs claims against Keywann Gardener s estate. During the trial, the parties negotiated settlements that resolved the remaining claims. The city agreed to pay a total of $10.5 million. Blackwell s estate recovered $700,000; Jamel Gardener s estate recovered $400,000; Keywann Gardener s estate recovered $400,000; and Raymond recovered $9 million. Keywann Gardener s estate s insurer agreed to tender its policy. The payment is expected to comprise six payments of $20,000: one to Raymond and one to each of the five estates. The pretrial and in-trial settlements totaled $11,569,000. The in-trial settlements were finalized in conjunction with a settlement of a companion case against the state of New York, which also maintained the Bronx River Parkway. That case was filed in the New York State Court of Claims, and it was settled via a payment of $10,625,000. Thus, the plaintiffs total recovery was $22,194,000. The companion case can be found at ALM No NYS Court of Claims matter The parties negotiated a pretrial settlement. The state agreed to pay $10,625,000. Blackwell s estate recovered $700,000; Daye s estate recovered $75,000; Derrick Gardener s estate recovered $75,000; Jamel Gardener s estate recovered $350,000; Keywann Gardener s estate recovered $350,000; Green s estate -Continued on p10 8 VerdictSearch s Top New York Settlements of 2013

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10 -Continued from p8 recovered $75,000; and Raymond recovered $9 million. The settlement was finalized in conjunction with a settlement of a companion case against the city of New York, which also maintained the Bronx River Parkway. That case was filed in the Bronx County Court, and it was settled via a payment of $11,569,000. Thus, the claimants total recovery was $22,194,000. The companion case can be found at ALM No Editor s comment This report is based on an article that was published in the New York Times, information that was provided by claimants counsel and information that was provided by defense counsel. Number Two Premises Liability Recreation Transportation Government Dangerous Condition of Public Property Road s defect led to paralyzing neck injury, bicyclist claimed AMOUNT $13,000,000 TYPE Case VENUE Judge Date June 5, 2013 Injury Type(s) Settlement Rutland v. State of New York Court of Claims, Rochester Philip J. Patti neck - neck, fusion, cervical surgeries/treatment - decompression surgery paralysis/quadriplegia - quadriplegia (s) Joanne Rutland (Male), Walter Rutland, Jr. (Male, 49 Years) Attorney(s) Victor L. Mazzotti; Martin, Harding & Mazzotti, LLP; Albany, NY, for Joanne Rutland, Walter Rutland, Jr. expert(s) Mindy Shah M.D.; Geriatrics; Rochester, NY; Eugene Camerota P.E.; Accident Reconstruction; Syracuse, NY Jerome Thomas P.E.; Highway/Street Design; Albany, NY Joseph Carfi M.D.; Physical Medicine; New Hyde Park, NY Stephen Kates M.D.; Orthopedic Surgery; Rochester, NY William Blanchfield Ph.D.; Economics; Utica, NY Defendant(s) State of New York Facts & Allegations At about 7:20 p.m. on July 30, 2008, claimant Walter Rutland Jr., 49, a computer engineer, was bicycling on the westbound shoulder lane of Roosevelt Highway, in Kendall. While he was approaching the intersection at Kendall Road, he decelerated and veered toward the right, to avoid a vehicle that was approaching from behind. He fell off of his bicycle, landed on the ground and sustained injuries of his neck. Rutland sued Roosevelt Highway s maintainer, the state of New York. He alleged that the state was negligent in its maintenance and repair of the road. He further alleged that the state s negligence created a dangerous condition that caused his accident. The accident occurred within two weeks of the completion of a repaving of Roosevelt Highway. Rutland claimed that his fall was a result of his bicycle s front tire having encountered a drop-off that separated the newly resurfaced section and a fringe that had not been resurfaced. He estimated that the road s main surface was 2.5 inches higher than the fringe. Witnesses described the defect as deteriorated, rutted, spalled and a small pothole. The court heard testimony by a maintenance supervisor employed by the New York State Department of Transportation, which oversaw the resurfacing project. The witness acknowledged that the drop-off would have been repaired had he noticed it. Testimony also indicated that workers had inspected and repaired other defects of the road during the weeks that preceded the accident. Defense counsel noted that Rutland regularly bicycled on Roosevelt Highway and had been aware of the ongoing resurfacing project. He contended that the resurfacing project was properly performed and that the alleged defect was a minor condition that was not hazardous to bicyclists. He suggested that the accident was a result of the bicycle s front tire having released because of a defective condition of the bicycle, which Rutland had modified. Injuries/Damages The trial was bifurcated. Damages were not before the court. Rutland sustained damage of the C1, C2, C3, C4, C5, C6, and C7 levels of his spine. He was transported to Strong Memorial Hospital, in Rochester. After two days had passed, he underwent decompression and fusion of the damaged portion of his spine, but he had already sustained permanent damage that causes incomplete quadriplegia. Rutland retains limited ambulatory ability: He can traverse distances of about 25 feet. He claimed that his disability prevents his performance of most of his everyday tasks. He also claimed that he cannot resume work. He requires extensive medical treatment. Rutland sought recovery of a total of $5.2 million for past and future medical expenses, a total of about $1.7 million for past and future lost earnings, and unspecified damages for past and future pain and suffering. Rutland s wife sought recovery of damages for loss of services. Result On Oct. 13, 2012, Judge Philip Patti ruled that both parties were liable for the accident. The state was assigned 90 percent of the liability, and Rutland was assigned 10 percent of the liability, based on what Patti deemed a defective condition of Rutland s bicycle. During the week that preceded the scheduled start of the trial s damages phase, the parties negotiated a settlement. The state agreed to pay $13 million. Editor s comment This report is based on court documents and information that was provided by claimants counsel. Defense counsel did not respond to the reporter s phone calls. Number Three workplace Worker/Workplace Negligence Fall from height Laborer sustained brain, eye damage after fall from scaffold AMOUNT $11,500,000 TYPE Case VENUE Judge Settlement Alpirez v. WBB Construction Inc. New York George J. Silver Date December 4, 2013 Injury Type(s) Brain damage Eye Injury Attorney(s) Marc J. Rothenberg, Esq. of The Rothenberg Law Firm LLP expert(s) Linda Lajterman, R.N., C.L.C.P., life care planning, Ramsey, NJ Alan M. Leiken, Ph.D., economics, Stony Brook, NY Facts & Allegations On Feb. 11, 2008, plaintiff Alejandro Alpirez, 37, a laborer, worked at a demolition site that was located at 1107 Broadway, in Manhattan. During the course of the day, Alpirez and a co-worker were directed to cut a pipe that was suspended from a high ceiling. The task necessitated their use of a scaffold and a chain saw. A rope was placed around the pipe, to secure it while it was being cut. The pipe s supporting device broke while Alpirez was cutting the pipe. The pipe swung downward, and it struck Alpirez s head and the scaffold. Alpirez fell off of the scaffold, plummeted about 12 feet and landed on his head. He sustained injuries of his face and head. Alpirez sued the project s general contractor, WBB Construction Inc.; the premises owners, 1107 Broadway LLC, 1107 Broadway Mezz I LLC, 1107 Broadway Mezz II -Continued on p12 10 VerdictSearch s Top New York Settlements of 2013

11 The Rothenberg Law Firm LLP Wins $11.5 Million on behalf of Injured New York Construction Worker Marc Rothenberg, Partner in The Rothenberg Law Firm LLP, won an $11.5 million settlement at trial for construction worker Alejandro Alpirez in Alpirez v. WBB Construction, Inc. et al. The settlement is one of the largest awards in New York this year for an individual construction worker. On February 11, 2008, Mr. Alpirez, then 37, suffered a severe traumatic brain injury on a construction site when an improperly-secured large metal pipe broke from the ceiling, hit him in the head and caused him to fall from an unsecure scaffold to the ground, landing on his head. Mr. Alpirez sustained a traumatic brain injury, lost the sight in his right eye and suffered numerous other disabling neurological and cognitive impairments. The suit Mr. Rothenberg brought on behalf of Mr. Alpirez charged Tessler Developments LLC and 1107 Broadway LLC (the building owners) and WBB Construction, Inc. (the general contractor) with negligence. Those defendants brought in Mr. Alpirez s employer All Waste Interiors LLC as a third party defendant. In addition to the $11.5 million settlement, Mr. Rothenberg secured a total waiver of a more-than $300,000 Workers Compensation lien for Mr. Alpirez. The Rothenberg Law Firm LLP has obtained has obtained numerous multi-million-dollar verdicts, settlements and awards for its catastrophically injured clients. The Rothenberg Firm specializes in personal injury and wrongful death cases in New York, New Jersey, and Pennsylvania. For more than 40 years, The Rothenberg Law Firm LLP has exclusively represented victims of serious injury and their families in a wide variety of contexts, helping to rebuild their shattered lives. The Rothenberg Law Firm LLP maintains offices in New York City; Hackensack, NJ; Cherry Hill, NJ; Lakewood, NJ; and Philadelphia, PA.

12 -Continued from p10 VENUE Judge Bronx Court Douglas E. McKeon LLC and Tessler Developments LLC; and the premises former owners, 200 Fifth Avenue Associates LLC and 200 Fifth LLC. Alpirez alleged that the defendants violated the New York State Labor Law. Evidence established that 200 Fifth Avenue Associates and 200 Fifth had sold the premises prior to the accident, so those parties were dismissed. The remaining defendants impleaded Alpirez s employer, All Waste Interiors LLC. The first-party defendants alleged that All Waste Interiors controlled and directed Alpirez s work functions. Alpirez claimed that his fall was a result of the scaffold s platform having been struck by the falling pipe. He contended that one of the platform s two planks fell and that, as a result, the structure shook and moved. s counsel claimed that the scaffold should have been secured and that its platform should have been protected by a railing. He contended that a municipal investigator immediately inspected the scaffold and determined that the lack of railings constituted a hazard. Alpirez also claimed that he was not provided a harness, a lanyard or any other equipment that could have prevented his fall or injuries. He further claimed that a suitable anchorage point was not available for the attachment of a harness or lanyard, if one had been provided. During a deposition, a representative of All Waste Interiors acknowledged that the company had not provided safety equipment for every worker at the site. s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Alpirez was not provided the proper, safe equipment that is a requirement of the statute. He also contended that the site was not properly safeguarded, as required by Labor Law 241(6). Defense counsel contended that eight safety harnesses were available at the work site during the day of the accident, but that Alpirez did not use one. They also contended that the site s supervisors were not aware that Alpirez was not using a harness. All Waste Interiors counsel contended that the company s employees had been directed to use harnesses. s counsel moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages. Injuries/Damages fracture, orbit; fracture, facial bone; brain damage; traumatic brain injury; craniotomy; open reduction; internal fixation; vision, partial loss of; cognition, impairment; memory, impairment; concentration, impairment; hearing, partial loss of Alpirez sustained fractures of orbital bones, which form the eye s sockets. He also sustained damage of his brain. He was placed in an ambulance, and he was transported to St. Vincent s Hospital, Manhattan. He underwent a craniotomy, and his fractures were addressed via open reduction and internal fixation. His hospitalization lasted more than two weeks. Alpirez s fractures resulted in the permanent loss of his right eye s vision. His brain s injury resulted in permanent impairment of his audition and permanent impairment of cognitive functions that include his concentration, his expressiveness and his memory. s counsel contended that Alpirez will develop dementia. He claimed that Alpirez will require increasing residential care and assistance that will eventually necessitate institutionalization. Alpirez sought reimbursement of a workers compensation lien that exceeded $300,000. He also sought recovery of his past and future medical expenses, his past and future lost earnings, and damages for his past and future pain and suffering. Result The parties negotiated a pretrial settlement. The defendants insurers agreed to pay $11.5 million. The settlement also included a waiver of Alpirez s workers compensation lien. Editor s comment This report is based on court documents, information that was provided by plaintiff s counsel and information that was provided by All Waste Interiors counsel. Counsel of 200 Fifth Avenue Associates and 200 Fifth was not asked to contribute, and the remaining defendants counsel did not respond to the reporter s phone calls. Number Four Medical Malpractice Failure to Treat Failure to Diagnose Child s apnea led to hypoxia, damage of brain, suit alleged Date January 14, 2013 Injury Type(s) brain - brain damage other - contracture mental/psychological - cognition, impairment pulmonary/respiratory - apnea, hypoxia paralysis/quadriplegia - spastic quadriplegia (s) Amber Rose Figueroa (Male, 4 Months) Attorney(s) Robert J. Genis; Sonin & Genis; Bronx, NY, for Amber Rose Figueroa Defendant(s) New York City Health and Hospitals Corp. Facts & Allegations In August 1995, plaintiff Amber Figueroa, a 4-month-old girl, was transported to Jacobi Medical Center, in the Bronx. Amber s mother reported that Amber s respiration had stopped during the child s sleep. A doctor opined that the child had choked. In October 1995, Amber was returned to Jacobi Medical Center. Amber s mother reported another instance of Amber s respiration having stopped during the child s sleep. A doctor opined that the incident was a benign episode of deep respiration. During a later portion of October 1995, Amber was returned to Jacobi Medical Center. Amber s mother reported another instance of Amber s respiration having stopped during the child s sleep. Doctors determined that the event caused hypoxia that damaged the infant s brain. Amber suffers resultant spastic quadriplegia. Amber s mother claimed that Amber s hypoxic event was an episode of sleep apnea. She contended that the condition caused the prior interruptions of Amber s respiration, and she claimed that it should have been diagnosed during the first examination by Jacobi Medical Center s doctors. She contended that proper treatment could have prevented Amber s hypoxic event. Amber s mother, Melissa Figueroa, acting individually and as Amber s parent and natural guardian, sued Jacobi Medical Center s operator, New York City Health and Hospitals Corp. The plaintiffs alleged that Jacobi Medical Center s staff failed to promptly diagnose the condition that caused Amber s hypoxia, that the staff s failure constituted malpractice, and that New York City Health and Hospitals was vicariously liable for the actions of Jacobi Medical Center s staff. s counsel contended that many infants experience sleep apnea, and he claimed that Amber s mother did not report symptoms that suggested that Amber was suffering the condition. He contended that the condition should have been diagnosed during Amber s first presentation to Jacobi Medical Center. He claimed that the child could have received a monitor that would have signaled a prolonged interruption of its respiration. Defense counsel contended that Amber did not suffer sleep apnea. He also contended that Amber s mother did not report symptoms that suggested that Amber was suffering the condition. Injuries/Damages s counsel claimed that Amber suffered hypoxia that was a product of an episode of sleep apnea. The hypoxic event caused damage of Amber s brain, and Amber suffers residual impairment of her cognition. She also suffers residual spastic quadriplegia, though surgeries relieved several contractures that stemmed from that condition. Amber requires the use of a wheelchair, and plaintiffs counsel contended that Amber will require lifelong aid. He also contended that Amber s condition will prevent her pursuit of a meaningful career. Amber s mother sought recovery of Amber s past and future medical expenses, damages for Amber s future loss of earnings, and damages for Amber s past and future pain and suffering. She also presented a derivative claim. Defense counsel contended that Amber s impairment is not a product of sleep apnea. Result The parties negotiated a pretrial settlement. New York City Health and Hospitals agreed to pay $7 million. Editor s comment This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter s phone calls. AMOUNT $7,000,000 TYPE Case Settlement Figueroa v. NYCH & HC -Continued on p14 12 VerdictSearch s Top New York Settlements of 2013

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14 -Continued from p12 Number Four Wrongful Death Worker/Workplace Negligence Labor Law Bystander killed during workers repair of irrigation device AMOUNT $7,000,000 TYPE Case VENUE Judge Date March 5, 2013 Injury Type(s) Mediated Settlement Estate of Mata v. Woodbourne Arboretum Inc. Suffolk County Court Hon. John DiBlasi head - fracture, skull brain - traumatic brain injury, internal bleeding other - death, laceration, crush injury (s) Estate of Ciro A. Mata (Male, 35 Years) Attorney(s) Robert S. Kelner, Gail S. Kelner & Gerard K. Ryan Jr.; Kelner & Kelner; New York, NY, for Estate of Ciro A. Mata Mata s family collected workers compensation benefits in the wake of his death, so Mata s estate was legally barred from pursuing a lawsuit against Litwin. However, the remaining defendants counsel contended that they were alter egos of Litwin. As such, he claimed that Mata was a special employee of Woodbourne Arboretum and Woodbourne Cultural Nurseries and therefore legally barred from suing those entities. In response, the estate s counsel contended that Woodbourne Arboretum, a nonprofit corporation, could not legally commingle its assets with profit-making ventures. They also contended that Litwin, Woodbourne Arboretum and Woodbourne Cultural Nurseries maintained separate payrolls and staffs. The estate s counsel moved for summary judgment of the claims that alleged violations of Labor Law 240(1) and 241(6). The direct defendants counsel moved for summary judgment of the claim that Mata s estate was legally barred from suing his clients. Judge John J.J. Jones Jr. denied both motions and dismissed the claims that alleged violations of Labor Law 240(1) and 241(6). Injuries/Damages Mata sustained crush-induced fractures of each side of his skull. He also sustained lacerations of his brain. He died at the scene of the accident. Mata, 33, was survived by a wife and three 2-month-old children. Mata s annual earnings typically approximated $40,000, and his employer provided a rent-free residency that enhanced the value of Mata s employment. Mata s estate sought recovery of wrongful-death damages that included Mata s past and future lost earnings, the estate s past and future loss of household services, and Mata s children s loss of parental guidance. The estate also sought recovery of damages for Mata s pain and suffering, but Jones dismissed that claim, based on medical reports that suggested that Mata died instantaneously. Defense counsel contended that Mata was not a skilled worker and that, as such, he may have had difficulty sustaining his earnings. They also contended that Mata s earnings were mostly self-consumed, leaving little for his estate. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator John DiBlasi, of National Arbitration and Mediation Inc. The primary insurer of Woodbourne Arboretum and Woodbourne Cultural Nurseries tendered its policy, which provided $1 million of coverage; their excess insurer agreed to pay $2.5 million; and Litwin s insurer agreed to pay $3.5 million. Thus, the settlement totaled $7 million. expert(s) Ronnie Spiegel ; Real Estate; Merrick, NY Thomas Fitzgerald Ph.D.; Economics; Mount Vernon, VA Editor s comment This report is based on court documents and information that was provided by plaintiff s counsel. Defense counsel did not respond to the reporter s phone calls. Defendant(s) Leonard Litwin, Glenwood Management Corp., Woodbourne Arboretum Inc., Woodbourne Cultural Nurseries Inc. Facts & Allegations On June 28, 2005, plaintiff s decedent Ciro Mata, 33, a gardener, worked at a storage garage that was located at 221 Old East Neck Road, in Melville. The garage was typically used by employees of a nearby nursery and a nonprofit corporation that was creating an arboretum at the nursery. Employees of the nursery and the nonprofit corporation were repairing a mobile irrigation cannon whose weight exceeded 2,000 pounds. The three-wheeled device s rear axle had been removed, so the device was being supported by jacks. The device tipped while a worker was attempting to move it, and it fell onto Mata. Mata sustained a fatal injury of his head. Mata s estate sued the nursery, Woodbourne Cultural Nurseries Inc.; the nonprofit corporation, Woodbourne Arboretum Inc.; and a company that was believed to have managed and/or owned the premises on which the accident occurred, Glenwood Management Corp. The estate alleged that the defendants violated the New York State Labor Law. Glenwood Management and Woodbourne Cultural Nurseries impleaded Mata s employer, Leonard Litwin, who was Woodbourne Arboretum s president. Glenwood Management and Woodbourne Cultural Nurseries alleged that Litwin was vicariously liable for Mata s work activities. Glenwood Management was ultimately dismissed. The matter proceeded against the remaining defendants. The estate s counsel claimed that the accident occurred while Mata was acting as a spotter for the workers who were repairing the irrigation cannon. They also claimed that the workers had requested Mata s assistance and that, since Mata was not directing the work or following a superior s orders, he thusly could not be assigned comparative fault. They contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Mata was not provided the proper, safe equipment that is a requirement of the statute. They also contended that the defendants violated Labor Law 200, which defines general safety requirements. They further contended that the defendants failed to provide proper safeguards, as required by Labor Law 241(6). Labor Law 240(1) is not applicable to incidents that occur during routine maintenance or work that does not involve a significant alteration of a building, and defense counsel contended that Mata was injured during a task that was a matter of routine maintenance. Defense counsel also contended that Labor Law 241(6) was inapplicable because the accident did not occur during construction, demolition or excavation work. Number Six Construction Accidents Labor Law Hoisting accident caused spine, shoulder injuries, worker claimed AMOUNT $6,350,000 TYPE Case VENUE Judge Date June 3, 2013 Injury Type(s) Settlement Dolan v. New York Presbyterian Hospital New York County Court Milton A. Tingling Jr. back - fracture, fracture, T3, fracture, T4, fusion, lumbar, fracture, vertebra, fracture, T3, fracture, T4, herniated disc, lumbar, herniated disc at L4-5, herniated disc at L5-S1, herniated disc, thoracic, herniated disc at T3-4 neck - fracture, fracture, C6, fracture, C7, fusion, cervical, fracture, vertebra, fracture, C6, fracture, C7, herniated disc, cervical, herniated disc at C4-5, herniated disc at C5-6, herniated disc at C6-7 other - bone graft, facetectomy, chiropractic, SLAP lesion/tear, physical therapy, compression fracture shoulder - glenoid labrum, tear neurological - radiculopathy surgeries/treatment - discectomy, arthroscopy, laminectomy, laminectomy, lumbar, decompression surgery -Continued on p16 14 VerdictSearch s Top New York Settlements of 2013

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16 -Continued from p14 (s) Gerard Dolan (Male, 46 Years), Leslie Dolan (Male) Attorney(s) Kenneth Sacks & Daniel Weir; Sacks & Sacks, LLP; New York, NY, for Gerard Dolan & Leslie Dolan expert(s) Ronald Missun Ph.D.; Economics; Louisville, KY Douglas Wayne; Life Care Planning; Richmond, VA Defendant(s) Cornell Iron Works, Bovis Lend Lease LMB Inc., New York-Presbyterian Hospital Facts & Allegations At about 6 a.m. on Dec. 31, 2007, plaintiff Gerard Dolan, 46, a glasser, worked at a construction site that was located at 525 E. 68th St., in Manhattan. Glass panels had been delivered to the work site, and Dolan s duties included the supervision of the process of hoisting those panels to an upper level of a building that was being constructed. During the course of that task, Dolan was struck by the hoisting sling. He claimed that he sustained injuries of his back, his neck and his shoulders. Dolan sued the premises owner, New York-Presbyterian Hospital; the construction project s general contractor, Bovis Lend Lease LMB Inc.; and one of the project s subcontractors, Cornell Iron Works Inc. Dolan alleged that the defendants violated the New York State Labor Law. Dolan claimed that the accident was a result of glass panels having been improperly loaded into the hoisting sling. He claimed that the sling swung uncontrollably when one of the panels shifted. Dolan s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Dolan was not provided the proper, safe equipment that is a requirement of the statute. He moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages. Injuries/Damages Dolan was placed in an ambulance, and he was transported to New York-Presbyterian Hospital. He claimed that he was suffering pain that stemmed from his back, his neck and his shoulders. His hospitalization lasted several days. Dolan ultimately claimed that he sustained herniations of his C4-5, C5-6, C6-7, L4-5, L5-S1 and T3-4 intervertebral discs; fractures of his C7 and T4 vertebrae; a fracture of his spine s C6 facet joint; a compression fracture of his T3 vertebra; a tear of his left, nondominant shoulder s glenoid labrum; and a tear of the superior aspect of his right shoulder s glenoid labrum. The latter injury is commonly termed a SLAP lesion. He also claimed that he developed residual radiculopathy. Dolan initially underwent chiropractic manipulation and physical therapy, but he claimed that the treatment did not resolve his pain. On Jan. 26, 2010, he underwent decompressive surgery that included a discectomy, which involved the excision of the anterior portion of his C6-7 disc; corpectomies, which involved the removal of portions of his C6 and C7 vertebrae; fusion of his spine s C6-7 level; and the implantation of stabilizing hardware. On May 19, 2011, he underwent decompressive surgery that included a laminectomy, which involved the partial excision of his L4 and L5 vertebrae; a facetectomy, which involved the decompression of roots of spinal nerves; a discectomy, which involved the excision of his L4-5 disc; fusion of the corresponding level of his spine; and the implantation of an allograft: bony matter harvested from a cadaver. On Jan. 9, 2012, he underwent arthroscopic surgery that addressed his right shoulder. On June 14, 2012, he underwent arthroscopic surgery that addressed his left shoulder. Dolan claimed that he suffers permanent residual pain and limitations that prevent his resumption of work. He undergoes chiropractic manipulation and physical therapy. He sought recovery of a total of $6,117,358 for past and future medical expenses and lost earnings and a total of about $4 million for past and future pain and suffering. His wife presented a derivative claim. The defense s expert neurologist submitted a report in which he opined that Dolan s injuries were degenerative conditions that predated the accident. Result The parties negotiated a pretrial settlement. The defendants insurers agreed to pay a total of $6.35 million. Editor s comment This report is based on court documents, information that was provided by plaintiffs counsel and information that was provided by defense counsel. Number Seven workplace Slips, Trips & Falls Worker/Workplace Negligence Labor Law Fall from roof caused disabling injuries, worker claimed AMOUNT $6,200,000 TYPE Case VENUE Judge Settlement Gallagher v. Resnick Kings Court Kenneth P. Sherman Date August 14, 2013 Injury Type(s) back - fracture, fracture, T4, fracture, T5, fracture, vertebra, fracture, T4, fracture, T5, fracture, transverse process, herniated disc, thoracic head - head, headaches, fracture, skull neck - fracture, vertebra, fracture, transverse process, herniated disc, cervical, herniated disc, thoracic brain - brain damage, traumatic brain injury chest - fracture, rib other - gastrostomy, hemicraniectomy, decreased range of motion shoulder - fracture, fracture, scapula, shoulder impingement, rotator cuff, injury (tear) face/nose - fracture, facial bone, fracture, orbit hand/finger - finger, finger, dislocation, fracture, finger sensory/speech - vertigo arterial/vascular - hemorrhage surgeries/treatment - open reduction, internal fixation, decompression surgery, tracheostomy/tracheotomy mental/psychological - mental/psychological, amnesia, anxiety, depression, cognition, impairment, memory, impairment pulmonary/respiratory - respiratory, pneumothorax, collapsed lung (s) Philip Gallagher (Male, 50 Years), Mary Katherine Gallagher (Male) Attorney(s) Kenneth Sacks & David H. Mayer; Sacks & Sacks, LLP; New York, NY, for Philip Gallagher, Mary Katherine Gallagher Defendant(s) S. Donadic Inc., Scott N. Resnick, Coffey Contracting Inc. Facts & Allegations On April 23, 2009, plaintiff Philip Gallagher, 50, the owner of a business that produced masonry materials, visited a renovation site that was located at 293 W. Fourth St., in Manhattan. Gallagher intended to perform measurements that would allow proper creation of masonry materials that he had agreed to provide. During the course of that work, he fell off of the roof of a four-story structure. He plummeted about 10 feet, landed on a lower roof, and sustained injuries of his back, his face, a finger, his head, a lung, his neck, several ribs and a shoulder. Gallagher sued the premises owner, Scott Resnick, the renovation project s general contractor, S. Donadic Inc., and a subcontractor that had been hired to perform masonry work, Coffey Contracting Inc. Gallagher alleged that the defendants violated the New York State Labor Law. He also alleged that the defendants negligently created a dangerous condition that caused his accident. Gallagher s counsel ultimately discontinued the claim against Resnick. The matter proceeded against the remaining defendants. Gallagher claimed that his head s injury caused amnesia that prevents his recollection of the events that led to the accident, but his counsel contended that the incident was a result of the defendants failure to provide proper equipment. Gallagher s counsel contended that guardrails should have been installed around the perimeter of the roof, that the defendants provided an improperly constructed ladder that was too short to allow safe access to the roof and that a scaffold would have allowed safe access. They also contended that the defendants did not provide a safety harness, a hard hat, or any other device that could have prevented Gallagher s fall and/or injuries. They claimed that the Occupational Safety and Health Administration investigated the accident and blamed a lack of similar equipment. Gallagher s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Gallagher was not provided the proper, 16 VerdictSearch s Top New York Settlements of 2013

17 safe equipment that is a requirement of the statute. They also contended that the site was not properly safeguarded, as required by Labor Law 241(6). They further contended that the defendants violated Labor Law 200, which defines general safety requirements. Defense counsel noted that Labor Law 240(1) is not applicable to incidents that occur during routine maintenance or work that does not involve a significant alteration of a building, and they contended that simple measurement of a job site does not constitute a significant alteration of a building. Defense counsel also noted that Labor Law 241(6) is not applicable to incidents that occur during work that does not involve construction, demolition or excavation, and they argued that Gallagher s accident did not occur during such work. Each party moved for summary judgment of liability. Judge Laura Lee Jacobson dismissed the claims that alleged violations of Labor Law 240(1) and 241(6), but she ruled that a jury would have to assess the remaining claims. Gallagher s counsel appealed, and the appellate division, Second Department, reversed. The Second Department determined that the defendants were liable via application of Labor Law 240(1). The matter proceeded to damages. Injuries/Damages Gallag her sustained a fracture of his skull s temporal bone; a fracture of an orbital bone, which forms an eye socket; fractures of transverse processes of his T4 and T5 vertebrae; a fracture of his right, dominant shoulder s scapula; a tear of the same shoulder s rotator cuff; a dislocation and fracture of his left hand s forefinger; herniations of discs of his spine s cervical and thoracic regions; and fractures of several ribs. One fractured rib caused a pneumothorax: the collapse of a lung. His head s injuries resulted in hemorrhages and damage of his brain. He also developed impingement of his right shoulder. Gallagher was placed in an ambulance, and he was transported to a hospital. He immediately underwent a decompressive hemicraniectomy. After a week had passed, he underwent a tracheostomy and a percutaneous endoscopic gastrostomy, which involved the insertion of a tube that provided access to his stomach. His hospitalization lasted two weeks. On June 10, 2009, Gallagher underwent a cranioplasty. He also underwent open reduction and internal fixation of the fracture of his left hand s forefinger. Gallagher claimed that his brain s damage causes residual impairment of his attentiveness, his executive functions, his organizational skills, his memory and other elements of his cognition. He also claimed that he suffers retrograde amnesia, chronic headaches and vertigo. He undergoes neurological therapy. Gallagher further claimed that he suffers a severe residual diminution of his back s range of motion, a severe residual diminution of his right shoulder s range of motion, residual impairment of his respiration and severe limitation of his left hand s ability to grasp objects. He also claimed that he is largely bedridden and works only sporadically. He undergoes pain management, but he claimed that he will likely require surgeries that could involve the removal of vertebrae and/or fusion of a portion of his spine. Gallagher also claimed that his residual effects caused anxiety and depression. He undergoes psychological therapy. Gallagher sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. His wife sought recovery of damages for loss of companionship, consortium and services. Defense counsel contended that Mr. Gallagher achieved a good recovery. They also contended that Gallagher can resume work. Result The parties negotiated a pretrial settlement. The defendants insurers agreed to pay a total of $6.2 million. Editor s comment This report is based on court documents, information that was provided by plaintiffs counsel and information that was provided by S. Donadic s counsel. Coffey Contracting s counsel did not respond to the reporter s phone calls, and Resnick s counsel was not asked to contribute. Number Eight Construction Accidents Labor Law Scaffolds and Ladders Slips, Trips & Falls Crane s ladder slippery and dangerous, worker claimed AMOUNT $6,000,000 TYPE Case VENUE Judge Date May 9, 2013 Settlement Stallone v. Plaza Construction Corp. New York County Court Lucy A. Billings Injury Type(s) other - physical therapy shoulder - rotator cuff, injury (tear), subscapularis muscle, tear, shoulder, rotator cuff, injury (tear), supraspinatus muscle/tendon, tear (s) Michelle Stallone (Male), Michael V. Stallone (Male, 45 Years) Attorney(s) David H. Perecman & Adam M. Hurwitz; The Perecman Firm, PLLC; New York, NY, for Michelle Stallone, Michael V. Stallone Paul W. Cutrone; Law Offices of Paul W. Cutrone; Douglaston, NY, for Michelle Stallone, Michael V. Stallone expert(s) Ian Stein M.D.; Neurology; Great Neck, NY Marc Grusensky M.D.; Psychiatry; Commack, NY Mary English PT; Physical Therapy; Northport, NY David Payne M.D.; Radiology; New York, NY David Gazzaniga M.D.; Orthopedic Surgery; Newport Beach, CA Rajen Naidoo M.D.; Orthopedic Surgery; Loxahatchee, FL Kristin Kucsma M.A.; Economics; Livingston, NJ Richard Schuster Ph.D.; Vocational Rehabilitation; White Plains, NY Russell Warren M.D.; Orthopedic Surgery; New York, NY Jonathan Boxer M.D.; Internal Medicine; Huntington, NY Defendant(s) Related Cos. Inc., Related Cos. L.P., Abington Properties, Plaza Construction Corp., 17th and 10th Associates LLC, Taconic Investment Partners LLC, Livingston Electrical Associates Inc. Facts & Allegations At about 5:20 a.m. on Feb. 6, 2007, plaintiff Michael Stallone, 45, a union-affiliated engineer who operated tower cranes, worked at a construction site that was located at 450 W. 17th St., in Manhattan. Stallone slipped while he was descending a ladder that was affixed to one side of a tower crane. He fell off of the ladder, plummeted some 14 feet and landed on a steel deck. He claimed that he sustained an injury of a shoulder. Stallone sued the construction project s general contractor, Plaza Construction Corp.; a subcontractor that installed the crane s electrical system, Livingston Electrical Associates Inc.; and the premises owners, 17th and 10th Associates LLC, Abington Properties, Taconic Investment Partners LLC, The Related Cos. Inc., and The Related Cos. L.P. He alleged that the defendants violated the New York State Labor Law. Stallone claimed that the accident was a result of cold, dark conditions. The crane and its ladder were typically heated and illuminated electrically, but the electrical system was not functioning at the time of the accident. Stallone also claimed that the ladder s rungs were small and slippery. His counsel contended that the rungs should have been corrugated, dimpled or knurled or that a skid-resistant material should have been applied. Stallone further claimed that he was not provided a safety line or any other equipment that could have prevented his fall or his injuries. Stallone s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law 240(1), and that Stallone was not provided the proper, safe equipment that is a requirement of the statute. They also contended that the defendants failed to provide proper safeguards, as required by Labor Law 241(6), and that the defendants violated Labor Law 200, which defines general safety requirements. Defense counsel contended that the work site was reasonably safe and that the accident was a result of Stallone s decision to descend the ladder during dark conditions. Injuries/Damages Stallone did not seek immediate medical attention, though he did not complete a full day of work. After 91 days had passed, he presented to a doctor. A subsequent MRI scan revealed that Stallone was suffering a partial tear of his left shoulder s supraspinatus tendon, which is an element of the rotator cuff. Stallone claimed that the injury was a product of the accident. On Sept. 20, 2007, Stallone underwent arthroscopic surgery that addressed his left shoulder. The surgeon reported having observed a massive rupture of the rotator cuff, a tear of the rotator cuff s subscapularis muscle, a tear of the supraspinatus tendon, and near-complete retraction of the tendons that covered the shoulder s acromioclavicular and humeral components. The damage could not be repaired, so Stallone underwent a second surgery, a latissimus dorsi transfer, in which one of his chest s muscles was reconfigured to provide support for his left shoulder. Stallone subsequently underwent about 36 months of physical therapy. -Continued on p18 VerdictSearch s Top New York Settlements of

18 -Continued from p17 Stallone claimed that he suffers residual pain and severe residual limitations that prevent his resumption of physical labor. He has not worked since September He also claimed that his residual effects hinder his performance of his everyday activities. Stallone sought recovery of past and future lost earnings and damages for past and future pain and suffering. His wife presented a derivative claim. Defense counsel contended that Mr. Stallone exaggerated the extent of his injuries and limitations. They also contended that Stallone aggravated his initial injury by continuing to work for several months. Result After the trial s first day, the parties negotiated a settlement. Livingston Electrical Associates insurer agreed to pay $1,625,000, and the remaining defendants insurer agreed to pay $4,375,000. Thus, the settlement totaled $6 million. Editor s comment This report is based on court documents and information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter s phone calls. Number Eight workplace Worker/Workplace Negligence Transportation Trucking Improper loading of truck led to paralyzing injury, worker alleged AMOUNT $6,000,000 TYPE Case VENUE Judge Mediated Settlement Chan v. Railex LLC Kings Court Allen Hurkin-Torres Date January 17, 2013 Injury Type(s) neck - fracture, fracture, C5, fracture, vertebra, fracture, C5 paralysis/quadriplegia - quadriplegia The direct defendants counsel contended that the pallets were properly wrapped. They claimed that the accident was a result of unloading that occurred at Top City Produce. They also claimed that Chan failed to exercise due caution. Injuries/Damages Chan sustained a burst fracture of his C5 vertebra. The injury resulted in permanent quadriplegia. Chan was placed in an ambulance, and he was transported to Bellevue Hospital Center, in Manhattan. He has been confined to a nursing facility since being released from the hospital. Chan sought recovery of past and future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. His wife presented a derivative claim. Result The parties negotiated a pretrial settlement, which was finalized via the guidance of mediator Allen Hurkin-Torres, of Jams. Top City Produce s insurers agreed to pay a total of $5,775,000; Railex s insurer agreed to pay $150,000; and Leroy Dedicated Logistics insurers agreed to pay a total of $75,000. Thus, the settlement totaled $6 million. Chan also expects to recover lifelong workers compensation benefits. Editor s comment This report is based on information that was provided by plaintiffs counsel, Leroy Dedicated Logistics counsel and Top City Produce s counsel. Railex s counsel did not respond to the reporter s phone calls, and A&J Produce s counsel was not asked to contribute. Number Ten Motor Vehicle Bicycle Intoxicated bicyclist struck by turning van. Police report adverse to plaintiff AMOUNT $5,600,000 TYPE Case VENUE Judge Settlement Marca v. Andrew James Interiors Queens Court Darrell L. Gavrin Date January 16, 2013 (s) Wan Yuan Chan (Male, 49 Years), Kwan Ting Chan (Male, 50 Years) Injury Type(s) Brain injury; skull fractures; quadraplegia Attorney(s) William J. Ryan; Lurie, Ilchert, MacDonnell & Ryan LLP; New York, NY Defendant(s) Railex LLC, A&J Produce Corp., Top City Produce Inc., Leroy Dedicated Logistics Inc. Facts & Allegations On April 6, 2010, plaintiff Kwan Ting Chan, 50, a laborer, was unloading a tractor-trailer that was parked on Division Place, near its intersection at Morgan Avenue, in the East Williamsburg section of Brooklyn. During the course of the work, Chan s head was struck by a box that had fallen off of a pallet. He sustained a paralyzing injury of his neck. Chan sued the tractor-trailer s owner, Leroy Dedicated Logistics Inc.; the owner of the facility whose workers loaded the tractor-trailer, Railex LLC; and another entity that was believed to have been involved in the loading of the tractor-trailer, A&J Produce Corp. Chan alleged that the defendants were negligent in their loading of the tractor-trailer. He further alleged that the defendants negligence caused his accident. Chan s counsel ultimately discontinued the claim against A&J Produce. The remaining defendants impleaded Chan s employer, Top City Produce Inc. The first-party defendants alleged that Top City Produce s workers were negligent in their unloading of the tractortrailer. The first-party defendants further alleged that Top City Produce s negligence caused the accident. Chan s counsel contended that the tractor-trailer contained several pallets, each of which supported 60 boxes with individual weights of about 30 pounds. He claimed that the boxes were supposed to be secured by plastic wrap and cardboard corner panels, but that one box fell off of a pallet and struck Chan. He also claimed that Leroy Dedicated Logistics failed to ensure that the pallets were properly secured within the truck. (s) Segundo Marca, as guardian of the person and property of Luis Marca Attorney(s) Kenneth A. Wilhelm, New York, NY; The Law Office of Kenneth A. Wilhelm Defendant(s) Andrew James Interiors, Inc and Daniel Cardenas Facts & Allegations, guardian of the person and property of Luis Marca (Marca), sought damages for personal injuries sustained by Marca in an automobile accident allegedly caused by defendants negligence. Marca was riding a bicycle wearing a helmet when he was struck by a van owned by Andrew James Interiors and operated by its employee, Daniel Cardenas. Marca was removed from the scene of the accident to the hospital by ambulance. Marca sustained serious brain damage rendering him unable to speak. The Law Offices of Kenneth A. Wilhelm commenced suit on behalf of plaintiff in Queens Court (31734/2009) and ultimately secured a settlement of $5,600,000 on January 16, The police report stated: Witness who is bicyclist s brother states they were both traveling S/B (southbound) on Jun. Blvd. (Junction Boulevard) on their bikes when bicyclist made quick left causing him to be struck by vehicle 1. A blood test administered at the hospital revealed injured plaintiff s blood alcohol level exceeded the legal limit. The victim suffered severe brain damage and was rendered paraplegic as a result of the accident. The defense claimed that the victim did not wear a helmet. Mr. Wilhelm said his firm hired a biomechanical expert who determined that a helmet could not have prevented the victim s injuries because it would not have extended down to cover the area of his skull that was fractured in the incident. The expert also determined that the fracture in the back of the skull meant he was hit in the rear by a motor vehicle, Wilhelm said. The 18 VerdictSearch s Top New York Settlements of 2013

19 hospital record also showed no injuries to the left side of his body, which we said, would occur if the injured person had made a quick left in front of the van. If that were true, there would have been injuries to the left and also the right side of the body when he hit the ground. Injuries/Damages The victim suffered severe brain damage and was rendered paraplegic as a result of the accident. s biomechanical expert determined that a helmet could not have prevented the victim s injuries because it would not have extended down to cover the area of his skull that was fractured in the incident. The expert also determined that the fracture in the back of the skull meant he was hit in the rear by a motor vehicle, Wilhelm said. The hospital record also showed no injuries to the left side of his body, which we said, would occur if the injured person had made a quick left in front of the van. If that were true, there would have been injuries to the left and also the right side of the body when he hit the ground. Result The case pending in Court, Queens County was settled for 5.6 million dollars which, plaintiff s counsel reports, represents more than 93% of all available insurance. Editor s comment This report is based on court documents, information that was provided by plaintiffs counsel. Number Eleven Motor Vehicle Speeding Passenger Single Vehicle Weather Conditions Motorist not mindful of wet road, injured passenger claimed AMOUNT $5,500,000 TYPE Case VENUE Judge Date May 30, 2013 Injury Type(s) Settlement Hodor v. Kooyker New York County Court George Silver knee - medial meniscus, tear neck - fracture, fracture, C5, fusion, cervical, fracture, vertebra, fracture, C5 other - bone graft, massage therapy, physical therapy, hardware implanted, decreased range of motion (s) Michael Hodor (Male, 30 Years) Attorney(s) Paul J. Edelstein & Glenn K. Faegenburg; The Edelsteins, Faegenburg & Brown LLP; Brooklyn, NY Daniel A. Thomas; Law Offices of Daniel A. Thomas, P.C.; New York, NY Judah Z. Cohen; Law Office of Judah Z. Cohen, PLLC; New York, NY expert(s) John Bendo M.D.; Orthopedic Surgery; New York, NY Barry Root M.D.; Physical Medicine; Glen Cove, NY Robert Gotlin ; Physical Medicine; New York, NY Stuart Kahn M.D.; Physical Medicine; New York, NY Matthew Zepnick ; Investigation; New York, NY Defendant(s) Willem Kooyker, Terence R. Kooyker Facts & Allegations At about 1 a.m. on July 18, 2009, plaintiff Michael Hodor, 30, a technologist, was a passenger of a car that was being driven by Terence Kooyker, who was traveling on Amsterdam Avenue, near its intersection at West 72nd Street, in Manhattan. Kooyker lost control of the vehicle, and the vehicle mounted a sidewalk and struck a lamppost. Hodor claimed that he sustained an injury of his neck. Hodor sued Kooyker and the vehicle s owner, Willem Kooyker. Hodor alleged that Terence Kooyker was negligent in the operation of his vehicle. Hodor further alleged that Willem Kooyker was vicariously liable for Terence Kooyker s actions. Hodor claimed that the accident occurred during wet conditions. He further claimed that Terence Kooyker was speeding and not exercising due caution. Kooyker claimed that he lost control while attempting to avoid a taxi that had veered into the immediate path of his car. Defense counsel attempted to invoke the emergency doctrine, which prevents the attachment of liability to motorists who reasonably and prudently respond to a sudden, unexpected emergency that necessitates a speedy reaction. Injuries/Damages Hodor was placed in an ambulance, and he was transported to New York-Presbyterian Hospital, in Manhattan. He underwent minor treatment. Hodor, who suffers skeletal dysplasia, commonly known as dwarfism, ultimately claimed that he sustained a fracture of his C5 vertebra. He also claimed that the injury caused instability of his spine s C4-5 level. On Sept. 9, 2009, he underwent surgery that involved fusion of several levels of his spine s cervical region, the implantation of stabilizing hardware and the application of a graft of bony matter. Hodor claimed that he was unable to perform any physical activities during the six months that followed the surgery. After having resumed physical activity, Hodor began to report that his knees were painful. An MRI scan revealed that he was suffering a tear of his right knee s medial meniscus. Hodor s dysplasia had caused severe degeneration of the knee, but Hodor claimed that the torn meniscus was a result of physical stress caused by the fracture of his spine. He subsequently underwent massage therapy, physical rehabilitation and physical therapy. Hodor did not work during the six months that followed his surgery. After a period in which he worked from his home, he returned to the office, though he claimed that he could not perform certain strenuous tasks. Hodor claimed that he suffers residual pain and a residual diminution of his neck s range of motion. He further claimed that he requires additional treatment that could include surgery that would address his spine and/or his right knee. Hodor sought recovery of future medical expenses and damages for past and future pain and suffering. Defense counsel contended that Hodor s fracture was a result of a congenital condition that predated the accident and had necessitated three prior fusions of Hodor s spine. He claimed that Hodor s post-accident surgery was an extension of the prior fusions and was not related to any trauma that Hodor may have sustained during the accident. He also contended that Hodor s right knee s tear was not related to the accident. Defense counsel further contended that Hodor achieved a good recovery. He claimed that Hodor has resumed all of his pre-accident work duties and that Hodor exaggerated the extent of his future medical needs. Result The parties negotiated a pretrial settlement. The defendants insurer agreed to pay $5.5 million. Editor s comment This report is based on information that was provided by plaintiff s counsel. Defense counsel did not respond to the reporter s phone calls. Number Twelve Motor Vehicle Multiple Vehicle Trucker s inattentiveness led to fishtailing, accident, suit alleged AMOUNT $5,000,000 TYPE Case VENUE Judge Settlement Aguilar v. Alonzo Kings Court George Silver Date April 25, 2013 Injury Type(s) leg - fracture, fracture, femur, crush injury, leg chest - fracture, rib other - prosthesis, fracture, sacrum, physical therapy, pins/rods/screws, intramedullary fixation pelvis - fracture, pelvis amputation - leg, leg (below the knee) surgeries/treatment - open reduction, internal fixation pulmonary/respiratory - lung, puncture gastrointestinal/digestive - bowel/colon/intestine, perforation (s) Juan Sanchez (Male), -Continued on p20 VerdictSearch s Top New York Settlements of

20 -Continued from p19 Osmin Aguilar (Male, 30 Years) Attorney(s) Lorenzo J. Tasso, Long Island City, NY, for Juan Sanchez, Osmin Aguilar Sharon A. Scanlan; Jacoby & Meyers; Newburgh, NY, for Juan Sanchez, Osmin Aguilar expert(s) Jerry Lubliner M.D.; Orthopedics; New York, NY Defendant(s) Clara Alonzo, Osmin Aguilar, Auguste Shurland, Pai Trucking Corp., Juan Sanchez [defense], Juan Sanchez [liability], Salem Truck Leasing Inc. Facts & Allegations On June 29, 2005, plaintiff Osmin Aguilar, 30, a trucker, was driving on the northbound side of the Van Wyck Expressway, in Queens. His truck collided with the rear end of a preceding truck that was being driven by plaintiff Juan Sanchez, who was braking to avoid a stopped vehicle that was being operated by Auguste Shurland. The impact crushed the cabin portion of Aguilar s truck, which later struck a road barrier. Aguilar sustained injuries of a leg, his intestines, his lungs, his pelvis, his sacrum and several ribs. Aguilar sued Sanchez; the lessor of Sanchez s truck, Salem Truck Leasing Inc.; Shurland; and the owner of Shurland s vehicle, Clara Alonzo. Aguilar alleged that Sanchez and Shurland were negligent in the operation of their respective vehicles. Aguilar further alleged that the remaining defendants were vicariously liable for the actions of the drivers of their respective vehicles. In a subsequent filing in Queens County Court, Sanchez sued Aguilar and the owner of Aguilar s truck, Pai Trucking Corp. Sanchez alleged that Aguilar was negligent in the operation of his vehicle. Sanchez further alleged that Pai Trucking was vicariously liable for Aguilar s actions. The cases were consolidated in Kings County Court, but Sanchez s claim was ultimately dismissed. Aguilar claimed that Sanchez s vehicle fishtailed and initiated the collision. His counsel contended that Sanchez was not maintaining a proper lookout or due caution. Aguilar also claimed that Shurland had stopped on the expressway after being involved in a collision with another vehicle. Aguilar s counsel contended that Shurland should have driven onto the expressway s shoulder. Sanchez claimed that Shurland stopped suddenly and unexpectedly. Sanchez s counsel attempted to invoke the emergency doctrine, which prevents the attachment of liability to motorists who reasonably and prudently respond to a sudden, unexpected emergency that necessitates a speedy reaction. Sanchez also claimed that Aguilar failed to exercise due caution, and he denied having initiated the collision with Aguilar s truck. Sanchez s accident-reconstruction expert agreed that Aguilar caused the collision. Shurland claimed that he suddenly stopped when another motorist veered into his immediate path. He also claimed that he attempted to drive onto the expressway s shoulder. Injuries/Damages Aguilar sustained crush-induced fractures and injuries of the lower portion of his left leg, a fracture of the same leg s femur, fractures of his pelvis, a fracture of his sacrum, and fractures of several ribs. He also sustained puncture wounds of his intestines and lungs. Aguilar was placed in an ambulance, and he was transported to New York Hospital Queens, in the Flushing section of Queens. He underwent immediate surgery that was intended to save the lower portion of his left leg, but the procedure was not successful. During the ensuing day, he underwent a below-the-knee amputation of the leg. His left femur s fracture was addressed via open reduction and the internal fixation of an intramedullary rod. His hospitalization lasted about four weeks, and he subsequently underwent about four weeks of inpatient physical rehabilitation and therapy. Aguilar received a prosthetic device for his left leg, and, some 13 months after the accident, he resumed trucking. He quit about two years later, and he worked sporadically thereafter. Aguilar sought recovery of damages for past and future pain and suffering. Result The jury rendered a mixed verdict: It found that Sanchez was liable for the accident, and liability was not assigned to Alonzo or Shurland. During the fourth day of the trial s damages phase, the parties negotiated a settlement. Sanchez s primary insurer tendered its policy, which provided $1 million of coverage, and Sanchez s excess insurer agreed to pay $4 million. Thus, the settlement totaled $5 million. Editor s comment This report is based on information that was provided by the attorney who handled Aguilar s suit and by Sanchez s defense counsel. Counsel of Alonzo and Shurland did not respond to the reporter s phone calls, and the remaining attorneys were not asked to contribute. Number Twelve Motor Vehicle Wrongful Death Head-On Center Line Driver Fatigue Multiple Impact Multiple Vehicle Tired trucker crossed line, caused fatal crash, suit alleged AMOUNT $5,000,000 TYPE Case VENUE Judge Date May 7, 2013 Injury Type(s) Settlement Estate of Burgio v. Leroy Holding Co. Inc. Niagara County Court Ralph A. Boniello III hip - fracture, hip leg - fracture, fracture, femur back - fracture, fracture, L4, fracture, T1, fracture, T2, fracture, T3, fracture, T4, fracture, T5, fracture, vertebra, fracture, L4, fracture, T1, fracture, T2, fracture, T3, fracture, T4, fracture, T5 head - ear, eardrum, perforation, fracture, skull, TMJ/ temporomandibular joint neck - fracture, fracture, C5, fracture, C6, fracture, C7, fracture, vertebra, fracture, C5, fracture, C6, fracture, C7 brain - coma, brain damage, traumatic brain injury chest - fracture, rib other - death, laceration, physical therapy, comminuted fracture, fracture, displaced wrist - fracture, wrist dental - dental, fractured teeth pelvis - fracture, fracture, pubic ramus shoulder - fracture, fracture, scapula, fracture, clavicle, rotator cuff, injury (tear), subscapularis muscle, tear epidermis - degloving face/nose - fracture, nose, fracture, septum, facial laceration, fracture, facial bone, fracture, sinus hand/finger - fracture, finger arterial/vascular - artery, severed/tear surgeries/treatment - open reduction, internal fixation mental/psychological - zone of danger, cognition, impairment (s) Ashley C. Burgio (Male, 22 Years), Jillian M. Burgio (Male, 17 Years), Estate of Rosanne M. Burgio (Male, 49 Years) Attorney(s) John J. Fromen Jr.; John J. Fromen Attorneys At Law, P.C.; Buffalo, NY expert(s) Christopher Puckett ; Accident Reconstruction; Buffalo, NY Defendant(s) James V. Nessia, City of Lockport, Roger F. LaRoach, Casa Imports Inc., Leroy Holding Co. Inc., Toyota Motor Credit Corp., Estate of Randall P. Burgio Facts & Allegations On Sept. 4, 2007, plaintiff Ashley Burgio, 22, a student, her sister, plaintiff Jillian Burgio, 17, a student, and their mother, plaintiff s decedent Rosanne Burgio, 49, a salon s owner, were passengers of a sport utility vehicle that was being driven by Rosanne Burgio s husband, Randall Burgio, who was traveling on the northbound side of Niagara Falls Boulevard, near its intersection at Ward 20 VerdictSearch s Top New York Settlements of 2013

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