CONTINUALLY ACHIEVING TOP VERDICTS IN NEW YORK STATE

Transcription

1 VerdictSearch.com

2 CONTINUALLY ACHIEVING TOP VERDICTS IN NEW YORK STATE This year we are proud to once again have judgments that are ranked among the top verdicts for 2012 in NY State. Among our verdicts was a $6,000,000 judgment that we obtained in Nassau County for wrongful death. This outcome was in addition to the more than $80,000,000 in settlements secured in 2012 for our clients. At Duffy & Duffy we believe that curing medical malpractice starts with patient safety. We are highly selective in the cases we accept and dedicate all of our efforts to those cases. It s the reason our verdicts are among the highest in the state. Based in Uniondale, Long Island, we represent victims of medical malpractice and negligence with dedication and commitment. No guesswork. Just facts. Disclaimer: Past success does not guarantee a similar result.

3 2012 TOP VERDICTS NY PUBLISHERS LETTER 4 TOP 30 NEW YORK VERDICTS IN TOP 10 NEW YORK CASE SUMMARIES IN TOP 2012 VERDICTS BY CATEGORY 21 Civil Rights, Employment & Injuries 21 Construction Accidents and Other Workplace Safety 25 Contracts 29 Intentional Torts 31 Farrell McManus Associate Publisher, New York Law Journal [email protected] Advertising/Sponsorship Sales Roseann Agostino [email protected] Richard Berger [email protected] Peter Hano [email protected] Michael Kalbfell [email protected] Patty Martin [email protected] Medical 35 Motor Vehicle 45 Premises Liability 59 Indera Singh [email protected] For advertising information please call Product Liability 65 VerdictSearch s Top New York Verdicts of 2012 is published by ALM, 120 Broadway, New York, NY Not exactly the position you had in mind? Start your search. Visit lawjobs.com today. Your hiring partner LJ LawJobs-Employee(11.5x2).indd 1 7/25/12 9:54 AM VerdictSearch s Top New York Verdicts of

4 2012 TOP VERDICTS NY Dear Readers, Welcome to Top Verdicts New York 2012, a special section of the New York Law Journal. The lawyers and law firms who are ranked in these listings represent the best of the best in Their zealous advocacy on behalf of their clients is inspiring and deserving of our respect. Many of them are names you have seen before. In addition to highlighting the Top 30 verdicts reported to Verdict Search in 2012 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 2012 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 cannot wait until April 2013 for more information on verdicts and settlements 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 [email protected]. I look forward to hearing from you! Warm regards, 4 VerdictSearch s Top New York Verdicts of 2012

5 MEDIATED SETTLEMENTS A SAMPLING OF CASES RESOLVED IN OUR PERSONAL INJURY DIVISION DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOUNT 1/10/11 2/4/11 2/14/11 2/24/11 2/28/11 3/2/11 3/3/11 3/7/11 3/8/11 3/16/11 3/28/11 3/31/11 4/7/11 4/27/11 4/28/11 5/5/11 5/11/11 5/16/11 6/8/11 6/10/11 6/10/11 6/15/11 6/21/11 6/21/11 6/23/11 7/6/11 7/20/11 7/27/11 7/27/11 7/28/11 8/9/11 8/19/11 3,250,000 2,150,000 2,500,000 8,250,000 6,850,000 3,000,000 2,500,000 8,250,000 6,750,000 2,250,000 2,000,000 6,750,000 11,800,000 2,700,000 3,100,000 2,700,000 8,500,000 2,450,000 3,250,000 2,400,000 3,000,000 2,400,000 8,500,000 2,200,000 6,000,000 2,180,000 3,500,000 4,250,000 2,700,000 3,000,000 6,000,000 2,500,000 8/25/11 8/25/11 8/29/11 9/1/11 9/8/11 9/15/11 9/20/11 9/20/11 9/21/11 9/27/11 9/28/11 9/28/11 9/30/11 9/30/11 10/5/11 10/10/11 10/12/11 10/18/11 10/27/11 10/27/11 11/2/11 11/21/11 12/5/11 12/12/11 1/3/12 1/4/12 1/4/12 1/11/12 1/12/12 1/19/12 2/1/12 2/7/12 4,100,000 3,000,000 3,500,000 3,000,000 2,350,000 2,100,000 2,500,000 2,050,000 3,000,000 2,500,000 3,900,000 3,500,000 3,000,000 2,400,000 2,250,000 3,000,000 2,500,000 3,900,000 5,000,000 2,347,500 4,000,000 3,375,000 3,150,000 3,150,000 3,000,000 2,000,000 5,800,000 3,900,000 2,000,000 5,700,000 17,900,000 2,900,000 2/8/12 2/8/12 2/13/12 2/13/12 2/21/12 2/21/12 2/22/12 2/28/12 3/2/12 3/20/12 3/20/12 3/27/12 3/30/12 4/3/12 4/4/12 4/5/12 4/9/12 4/16/12 4/16/12 4/19/12 4/25/12 4/26/12 4/30/12 5/4/12 5/4/12 5/10/12 5/15/12 5/16/12 5/17/12 5/31/12 5/31/12 5/31/12 3,000,000 2,950,000 2,715,000 2,750,000 5,700,000 4,150,000 3,250,000 3,750,000 2,100,000 5,500,000 3,300,000 2,500,000 2,700,000 2,250,000 4,150,000 15,550,000 2,950,000 3,400,000 3,300,000 15,550,000 3,000,000 2,250,000 3,300,000 11,000,000 4,400,000 2,700,000 4,250,000 4,250,000 4,250,000 2,500,000 2,500,000 2,250,000 6/14/12 6/15/12 6/20/12 6/22/12 6/25/12 6/26/12 7/2/12 7/11/12 7/16/12 7/16/12 7/17/12 7/19/12 7/24/12 8/2/12 8/2/12 8/2/12 8/6/12 8/9/12 8/10/12 8/17/12 8/22/12 8/23/12 8/29/12 9/7/12 9/10/12 9/11/12 9/12/12 9/14/12 9/18/12 9/28/12 10/1/12 10/1/12 3,250,000 2,700,000 11,000,000 3,300,000 4,700,000 3,750,000 11,500,000 5,900,000 2,350,000 5,900,000 4,000,000 2,800,000 2,350,000 2,000,000 2,800,000 2,500,000 1,950,000 2,000,000 2,250,000 2,000,000 3,750,000 3,000,000 5,000,000 3,000,000 4,000,000 2,000,000 2,500,000 2,933,333 3,000,000 11,500,000 3,000,000 2,800,000 10/1/12 10/2/12 10/3/12 10/11/12 10/19/12 10/22/12 10/23/12 11/6/12 11/14/12 11/15/12 11/16/12 11/19/12 11/27/12 12/3/12 12/17/12 12/27/12 1/3/13 1/16/13 1/16/13 2/6/13 2/7/13 2/15/13 2/15/13 2/26/13 3/06/13 3/11/13 3/11/13 3/12/13 3/21/13 3/21/13 4/2/13 4/3/13 2,925,000 12,000,000 4,700,000 3,000,000 3,000,000 3,000,000 3,400,000 5,350,000 4,700,000 2,925,000 3,000,000 5,350,000 2,800,000 2,000,000 9,500,000 3,000,000 2,400,000 5,600,000 2,500,000 2,600,000 3,000,000 2,800,000 2,110,000 7,000,000 2,800,000 2,000,000 3,500,000 2,925,000 6,500,000 4,300,000 3,000,000 2,175,000 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 2012 alone, NAM s personal injury division resolved nearly $1 billion 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, Westchester and Buffalo (800)

6 2012 TOP VERDICTS NY TOP 30 NEW YORK VERDICTS IN Liberty Media Corp. v. Vivendi Universal S.A. 2 Sohl v. Bassett Healthcare Network 3 Martin v. New York City Health and Hospitals Corp. 4 Debes v. St. Vincent's Medical Center-Staten Island Jun 25 U.S. District Court, SDNY Fraud: Company's deception marred swap of stock, plaintiffs Oct 01 Otsego Failure to Detect: Three doctors overlooked myocardial infarction, suit alleged May 25 Bronx Delayed Treatment: Unchecked allergic reaction led to quadriplegia, suit alleged Aug 24 Richmond Failure to Detect: Docs didn't recognize pregnant woman's contractions, suit alleged 5 Bliss v. Rowland Jan 03 Monroe Assault and Battery: Nightlife altercation ended with student paralyzed 6 Kane v. Galtieri Feb 15 Richmond Intentional Torts : Man killed ex-wife to regain pension benefits, suit alleged 7 Turley v. ISG Lackawanna Inc. Jun 12 U.S. District Court, WDNY Worker bosses allowed years of racist taunts Michael L. Calhoon, R. Stan Mortenson & Alexandra Walsh, Washington, $956,556,000 DC of Baker Botts, LLP Charlene S. Fallon, James D. Linnan, Albany, NY of Linnan & Fallon, LLP $144,690,039 Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore $121,000,000 Richard J. Sgarlato, Staten Island, NY of Sgarlato & Sgarlato PLLC $103,075,618 Michael R. Law, Rochester, NY of Phillips Lytle LLP $45,527,435 Warren F. van den Houten & Matthew Pavis, Staten Island, NY of Warren $31,736,043 van den Houten, Esq.; Inga Van Eysden, New York, NY of Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel Donald B. Eppers & Ryan J. Mills, Buffalo, NY of Brown & Kelly, LLP $25,325,000 8 Abreu v. M & M Truck & Body Repair Inc. 9 Zouaoui v. State of New York Mar 01 Bronx Speeding: Pedal-to-the-metal trucker toppled other truck, suit alleged Jul 27 Court of Claims, White Plains State ignored road's recurrent icy conditions, claimant alleged 10 Tesoriero v. Fisher Feb 07 Suffolk Failure to Test: Radiologist misdiagnosed cancerous tumor, plaintiff alleged 11 Munoz v. Hilton Hotels Corp. Sep 11 New York Elevation: Fall from ladder caused brain injury, 12 Wallace v. City of New York May 30 Bronx Tractor driver's U-turn caused crash, plaintiff 13 Loja v. Lavelle Jan 27 Westchester 14 Behringer v. United Cerebral Palsey Association of Niagara County Inc 15 Davids v. Novartis Pharmaceuticals Corp. 16 Ordonez v. 346 West 17th Street, LLC Landscaper hit by car while unloading trailer, lost leg Dec 18 Erie Group home's resident mocked, mistreated, suit alleged Nov 02 U.S. District Court, EDNY Design Defect: Drug caused osteonecrosis of jaw, Mar 02 New York Elevation: Worker's 20-foot fall caused injuries of head, spine Steven Michelstein & Richard Ashman, New York, NY of Michelstein & $21,980,000 Associates, PLLC; Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C.; Robert J. Genis, Bronx, NY of Sonin & Genis, Esqs. Daniel P. O'Toole, Robyn Brazzil (damages) & Nick Gjelaj (liability), New $20,181,484 York, NY of Block, O'Toole & Murphy, LLP Robert V. Fallarino, Lake Success, NY of Pegalis & Erickson, L.L.C. $15,000,000 Joseph P. Carfora & Michael A. Rose, New York, NY of Hach & Rose, LLP $13,020,857 William Schwitzer, New York, NY of Dinkes & Schwitzer $11,600,000 Jonathan Rice, Dobbs Ferry, NY of Grant and Longworth, LLP $11,192,399 Terrence M. Connors & Joseph D. Morath, Jr., Buffalo, NY of Connors & Vilardo LLP John J. Vecchione, Fairfax, VA of Valad & Vecchione, PLLC; John J. Beins, Chevy Chase, MD of Beins, Goldberg & Hennessey, LLP John Dalli, Mineola, NY of Dalli & Marino, L.L.P.; Howard R. Borowick, trial counsel, New York, NY of Sacks & Sacks, LLP 17 Grossman v. Mari Jun 06 New York Car crash led to seizures, OCD, Thomas P. Giuffra, NY, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP; Adam D. Cahn, NY, NY of Sakkas, Cahn & Weiss, LLP 18 Mandel v. Brookler May 31 New York Misdiagnosis: Ignored infection traveled to pituitary gland, patient 19 Calano v. McCabe Jan 25 Richmond Assault: Alcohol fueled brawl at restaurant, 20 Hagins v. Miller Oct 03 Westchester Negligent Treatment: Dentists broke jaw, damaged nerve, patient alleged 21 Sieger v. Zak Sep 24 Nassau Breach of Warranty: Company's value understated in stock deal, pair 22 Oliver v. American Cargo Express Inc. 23 Estate of Benoit v. Interfaith Medical Center Apr 23 Bronx Man struck by van, spinal injuries will end career Jul 20 Kings Misdiagnosis: Wrong diagnosis led to fatal surgery, suit alleged 24 Reyes v. Marketing Werks Inc. Jun 15 Queens Plaintiff knockdown by SUV caused brain damage 25 Cromer v. Hank Starr Builder, LLC 26 Vasquez v. Urbahn Associates Inc. Aug 01 Ulster Elevation: Foot is useless since fall from ladder, painter Feb 15 New York Elevation: Building's collapse ended career, laborer Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz Schatz & Frederick, L.L.P. $11,100,000 $10,450,000 $10,015,000 $9,000,000 $8,600,000 George F. Sacco, Staten Island, NY of Purcell & Ingrao, P.C. $8,250,400 Christopher B. Meagher & Merryl F. Weiner, White Plains, NY of Meagher $7,663,260 & Meagher, P.C. Kevin Schlosser, Garden City, NY of Meyer, Suozzi, English & Klein P.C. $7,200,000 Patrick J. Mullaney, Middle Village, NY of Mullaney & Gjelaj, PLLC, trial $7,030,008 counsel to Law Office of Michael T. RIdge, Bronx, NY; Mitchell Koval, Hempstead, NY of Zemsky & Salomon, P.C. John Bonina, Brooklyn, NY of Bonina & Bonina, P.C. $7,000,000 Harlan A. Wittenstein, Forest Hills, NY of Wittenstein & Associates, P.C. $6,721,102 Richard Wedinger & Laurel Wedinger, Edison, NJ of Barry, McTiernan & $6,153,638 Wedinger Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $6,092, Raimondi v. Behar Oct 12 Nassau Failure to diagnose and treat hydrocephalu in married 22 year old mother of two proved fatal James Duffy, New York, NY of Duffy & Duffy $6,000,000 6 VerdictSearch s Top New York Verdicts of 2012

7 16 Court Street, Suite 1800 Brooklyn, NY Toll Free: MEDLAW1 ph: Bonina and Bonina, P.C. has been fighting for the victims of serious personal injury, medical malpractice and wrongful death for over 50 years. Senior Partner John Bonina fights for his clients with a passion and determination that has cemented the firm s stellar reputation and resulted in the firm obtaining more than $200 million in combined settlements and verdicts in the last 10 years alone. Bonina secured a $7 million wrongful death verdict in Estate of Benoit v. Interfaith Medical Center after proving to the jury that the patient s surgery had caused internal bleeding which was ignored by his surgeon, causing the wrongful death of a hardworking husband and father. His success can be traced to his extensive pretrial preparation, his use of technology in the courtroom, and his ability to get the jury to empathize with the deceased and his family. Bonina, who has been obtaining seven figure verdicts for clients for over 20 years, attributes the firm s consistent track record to its work ethic and use of technology in the courtroom. I will never allow myself to be at an information or preparation disadvantage in the courtroom, he notes. The firm has a five-lawyer team with more than 80 years of collective experience in medical malpractice law and personal injury litigation. While they handle a range of cases, the firm remains selective about those it accepts in order to provide clients with personalized attention. John Bonina is AV Preeminent rated by Martindale-Hubbell and has been selected for inclusion in The Best Lawyers in America and New York Super Lawyers every year since 2007.

8 2012 TOP VERDICTS NY TOP 10 CASE SUMMARIES NUMBER ONE INTENTIONAL TORT Fraud Misrepresentation Company s deception marred swap of stock, plaintiffs AMOUNT $956,556,000 TYPE CASE VENUE JUDGE TRIAL LENGTH 4 weeks TRIAL DELIBERATIONS 1.5 days JURY VOTE 12-0 DATE June 25, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) Verdict-Plaintiff Liberty Media Corp. v. Vivendi Universal S.A. U.S. District Court SDNY Shira Scheindlin LMC USA X Inc., LMC Capital LLC, LMC USA VI Inc., LMC USA VII Inc., LMC USA VIII Inc., Liberty Media Corp., Liberty Programming Co. LLC, Liberty HSN LLC, Holdings Inc., Liberty Media International Inc. Michael L. Calhoon; Baker Botts, LLP; Washington, DC Craig Elson; Economics; Chicago, IL FACTS & ALLEGATIONS In May 2002, plaintiff Liberty Media Corp., an Englewood, Colo.-based distributor of televised entertainment, acquired 37.6 million shares of Paris-based Vivendi Universal, which distributes films, musical recordings, televised entertainment and other forms of entertainment. Vivendi Universal had acquired a company, USA Networks, that was partially owned by Liberty Media, and the stock s transfer represented Liberty Media s compensation. The deal had been struck in December During a period that spanned January 2002 and August 2002, Vivendi Universal s stock s value plummeted. Liberty Media that Vivendi Universal had concealed adverse developments that would have inevitably reduced the value of the company s stock. Liberty Media and several subsidiaries sued Vivendi Universal, Chief Executive Officer Jean-Marie Messier, Chief Financial Officer Guillaume Hannezo and the Vivendi Universal subsidiary that controlled USA Networks, Universal City, Calif.-based Universal Studios Inc. The plaintiffs alleged that Vivendi Universal s actions constituted fraud and a breach of warranty. Plaintiff s counsel that Vivendi Universal s operating officers repeatedly and intentionally overstated the company s health. They contended that the officers concealed a lack of liquid assets, and they that insufficient liquidity ultimately caused the dramatic decrease of the value of the company s stock. Defense counsel that the media had thoroughly reported the decreasing liquidity of Vivendi Universal s assets, and they contended that Liberty Media should have been aware of that situation. They also that other factors caused the decrease of the value of Vivendi Universal s stock. INJURIES/DAMAGES Plaintiffs counsel that Vivendi Universal s operating officers fraudulently overstated the company s health, and they contended that the fraudulent acts artificially inflated the value of the company s stock. They that the stock s value plummeted when the company s true health was revealed, and they contended that Liberty Media s Vivendi Universal holdings decreased by 841 million euros. The plaintiffs sought recovery of that amount. The defense s expert economist estimated that poor liquidity could not have caused a loss of more than 172 million euros, though defense counsel also suggested that poor liquidity did not affect the value of Vivendi Universal s stock. RESULT On June 25, 2012, the jury found that the plaintiffs damages totaled 765 million euros. The New York Stock Exchange s contemporaneous dollars-to-euros conversion rate was to-1. Thus, 765 million euros equaled $956,556,000. 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. NUMBER TWO MEDICAL Medical Malpractice Failure to Detect, Cardiac Care Three doctors overlooked myocardial infarction, suit alleged AMOUNT $144,690,039 TYPE Verdict-Plaintiff CASE Sohl v. Bassett Healthcare Network VENUE Otsego JUDGE Michael V. Coccoma DEMAND $1,800,000 (from A.O. Fox Memorial Hospital) OFFER $475,000 (by A.O. Fox Memorial Hospital; subsequently withdrawn) TRIAL LENGTH 8 days TRIAL DELIBERATIONS 3 hours JURY VOTE 6-0 JURY COMPOSITION 4 male/ 2 female INJURY TYPE(S) other catheterization; cardiac - myocardial infarction DATE October 1, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Debora L. Sohl James D. Linnan; Linnan & Fallon, LLP; Albany, NY James Lambrinos Ph.D.; Economics; Clifton Park, NY Peter Sosnow, Emergency Medicine; Albany, NY; Roland Phillips, Cardiology; Saratoga Springs, NY Medical Liability Mutual Insurance Co. FACTS & ALLEGATIONS During the morning of Jan. 26, 2009, plaintiff Debora Sohl, 47, an office s manager, presented to A.O. Fox Memorial Hospital, in Oneonta. -Continued on p10 TOP 30 NEW YORK VERDICTS IN Jupiter v. United States of America Dec 20 U.S. District Court, EDNY Surgical Error: Surgeon's unneeded cut had fatal result, suit alleged 29 Mata v. City of New York Sep 26 Bronx Crosswalk's damaged surface a hazard, plaintiff 30 Ramirez v. NYC School Construction Authority Dec 12 Bronx Elevation: Local 79 shop steward fell from ladder at Bronx highschool fracturing his leg Steven E. North, New York, NY of Steven E. North, P.C.; Laurence M. Deutsch, New York, NY of Laurence M. Deutsch Law Firm, P.C. $5,900,000 Jeffrey A. Guzman, New York, NY of Krentsel & Guzman LLP $5,700,000 Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $5,390,101 8 VerdictSearch s Top New York Verdicts of 2012

9 FOR 60 YEARS NO ONE HAS FOUGHT HARDER FOR THE CIVIL JUSTICE SYSTEM THAN NYSTLA The New York State Trial Lawyers Association has been protecting consumers, ensuring that the wrongly injured have access to justice and providing the public with ethical and well-trained lawyers since Join our fight, become a member today. PLEASE JOIN US: At our upcoming Law Day dinner on May 8th, honoring the Hon. Jenny Rivera, with a special presentation by Chief Judge Jonathan Lippman. With our campaign to end distracted driving: NYSTLA is leading the way in educating the public about the dangers of texting while driving. In our outstanding program of CLEs, created and taught by the most preeminent and most respected trial lawyers in the state available live, and on CD, DVD and online

10 2012 TOP VERDICTS NY -Continued from p8 She reported that she was suffering an extremely painful condition of her chest. She also reported nausea. Sohl was examined by Dr. James Rice. Rice prescribed two painkillers: hydromorphone and morphine. He also prescribed medication that was intended to relieve Sohl s nausea. After several hours had passed, Sohl underwent an electrocardiography. Rice determined that further observation was necessary. Sohl that her pain worsened. After three hours had passed, she underwent another electrocardiography. Rice opined that the test s results were reassuring, but Sohl was admitted to the hospital. Blood was drawn and tested, and Sohl was monitored by Dr. Blaine Jones. During the evening of Jan. 26, Jones received the results of the test of Sohl s blood. The results revealed an abnormally great level of troponin, which proliferates when a myocardial infarction occurs. Dr. Maciej Nowakowski prescribed medication, and he requested an evaluation by a cardiologist. During the ensuing morning, Sohl s family summoned an independent cardiologist. The cardiologist examined Sohl, reviewed the results of the electrocardiographies that Sohl had undergone and concluded that Sohl required immediate care. Sohl was transferred to another hospital, where doctors opined that she was suffering a myocardial infarction. Treatment was rendered, but Sohl suffers extensive damage of her heart. Sohl sued Jones, Nowakowski, Rice, A.O. Fox Memorial Hospital and the hospital s operator, Bassett Healthcare Network. Sohl alleged that Jones, Nowakowski and Rice failed to detect her myocardial infarction, that the failures constituted malpractice, and that the remaining defendants were vicariously liable for the doctors actions. Sohl s counsel subsequently discovered that the underlying incident predated Bassett Healthcare Network s oversight of A.O. Fox Memorial Hospital. As such, they discontinued the claim against Bassett Healthcare Network. They also discontinued the claims against Jones, Nowakowski and Rice. The matter proceeded to a trial against the hospital. Sohl s counsel that Sohl s myocardial infarction was occurring when she arrived at A.O. Fox Memorial Hospital. They contended that the electrocardiographies revealed distress and poor functioning of Sohl s heart, but that the tests results were not properly interpreted. Sohl s counsel also that the hospital s staff did not promptly process the blood that had been drawn from Sohl. They contended that four hours elapsed before the analysis was completed. They further that the analysis s results warranted an immediate evaluation by a cardiologist, but that Nowakowski did not request an immediate evaluation. They noted that Nowakowski specified that the cardiologist s evaluation would be performed after the cardiologist had completed the ensuing morning s examinations. Defense counsel contended that a myocardial infarction s symptoms include pain that radiates to an arm, the face and/or the jaw, but that Sohl did not report such 10 VerdictSearch s Top New York Verdicts of 2012 symptoms. He that Sohl suffered an insignificant myocardial infarction that was properly treated. INJURIES/DAMAGES Sohl that she sustained a prolonged myocardial infarction. She was transported to UHS Wilson Medical Center, in Johnson City. She underwent catheterization of her heart, and doctors opined that she was suffering near-total occlusion of her heart s left anterior descending artery. A stent was placed in the artery. During the catheterization, Sohl suffered dissection of her coronary artery. The dissection disrupted the flow of blood, and it necessitated the immediate performance of open surgery that included the application of two arterial grafts that bypassed the occluded portion of her left anterior descending coronary artery. Her hospitalization lasted 13 days, and she subsequently underwent extensive rehabilitation. Sohl that her myocardial infarction caused permanent damage that has halved her heart s ability. She contended that she must undergo extensive treatment that will include the implantation of a defibrillator, the implantation of a pump and the replacement of her heart. Sohl s counsel that Sohl s myocardial infarction should have been diagnosed during its initial stages. They contended that 26 hours passed before proper treatment was rendered, and they that prompt treatment would have prevented the extensive residual damage that Sohl sustained. Sohl further that she cannot perform tasks that require more than a minimal amount of stamina. She contended that she previously enjoyed training horses, but that she cannot resume that activity. She that she cannot work, that she cannot exercise and that she is dependent upon aides. Sohl sought recovery of future medical expenses, past and future lost earnings, and damages for past and future pain and suffering. Defense counsel contended that Sohl suffered an insignificant myocardial infarction, that her limitations are a result of the dissection that occurred during her catheterization and that she does not require additional treatment. However, Sohl s counsel noted that the catheterization was videotaped, and they that the videotape revealed that extensive necrosis had occurred prior to the catheterization. RESULT The jury found that the hospital s staff departed from an accepted standard of care. It determined that Sohl s damages totaled $144,690,039. $50,016,765 Personal Injury: Future Medical Cost$118,000 Personal Injury: Past Lost Earnings Capability$229,406 Personal Injury: FutureLostEarningsCapability$2,000,000 Personal Injury: Past Pain And Suffering$16,000,000 Personal Injury: Future Pain And Suffering$66,437 Personal Injury: cost of defibrillator$21,295 Personal Injury: maintenance of defibrillator$5,435,773 Personal Injury: cost of pump$13,309,112 Personal Injury: maintenance of pump$6,168,996 Personal Injury: cost of replacement of heart$51,324,255 Personal Injury: post-replacement maintenance of heart 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 THREE MEDICAL Medical Malpractice Delayed Treatment, Failure to Monitor, Wrong Site/Procedure, Failure to Transfer, Prescription and Medication, Brain Injuries, Neurologist Unchecked allergic reaction led to quadriplegia, suit alleged AMOUNT $121,000,000 TYPE Verdict-Plaintiff CASE Martin v. New York City Health and Hospitals Corp. VENUE Bronx ACTUAL AWARD $119,790,000 JUDGE Robert E. Torres DEMAND $30,000,000 (total, from Brookdale University Hospital and Medical Center, New York City Health and Hospitals, and Pitem) OFFER $10,500,000 by (New York City Health and Hospitals); none (all other defendants) TRIAL LENGTH 26 days TRIAL DELIBERATIONS 1 day JURY VOTE 6-0 JURY COMPOSITION 2 male/ 4 female POST TRIAL Defense counsel has moved to set aside the verdict. INJURY TYPE(S) brain - brain damage; burns burns; other - swelling, allergic reaction; epidermis - epidermis, Stevens-Johnson syndrome; face/ nose face; pulmonary/respiratory anoxia; paralysis/quadriplegia - quadriplegia DATE May 25, 2012 PLAINTIFF(S) Jacqueline Martin PLAINTIFF ATTORNEY(S) Thomas A. Moore; Kramer, Dillof, Livingston & Moore; New York, NY PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) James Lambrinos Ph.D.; Economics; Clifton Park, NY; Sandra Gonchar M.S.N.; Life Care Planning; Staten Island, NY; Richard Lechtenberg M.D.; Neurology; Brooklyn, NY Adam Bender Neurology; New York, NY; Jane Mattson Life Care Planning; Norwalk, CT; Marc Grossman Dermatology; White Plains, NY; Roger Simpson Burn Medicine; Garden City, NY; Joseph Giacino Neuropsychology; Edison, NJ; Damanhuri Alkaitis Neuropsychology; Annapolis, MD -Continued on p12

11 217 Broadway New York, NY PH: FAX: Preparation, selectivity and dedication to clients, combined with a profound and intimate knowledge of the law, are the hallmarks of KDLM. In medical malpractice cases, labor law and negligence cases, the team of Thomas Moore and Judy Livingston has won more than 100 verdicts over $1 million. It s little wonder that KDLM was named to The National Law Journal s Plaintiff s HOT LIST. What s more, Tom Moore and Judy Livingston are members of the elite trial attorney s group, The Inner Circle of Advocates, and both are listed in The Best Lawyers in America, published by Woodward-White. With more than $1 billion in verdicts to its record, KDLM takes on only those cases it believes in. Topping off its achievements, the firm won the highest judgment ever upheld in the state of New York for injuries to a person: $28.9 million in a medical malpractice case involving a brain-damaged child. The case made the front page of the New York Times, and resulted in changes to an arcane law that now affords greater protection to malpractice plaintiffs. For more than 30 years, KDLM partners have contributed a regular column on Medical Malpractice to the New York Law Journal. Since 1997, that column has been coauthored by Thomas Moore and partner Matt Gaier. With just five attorney partners and seven attorney associates, and sufficient financial resources to take any case from beginning through trial regardless of the size of the opponent, KDLM has had an extraordinary success rate in representing plaintiffs in medical malpractice and negligence cases. Who calls on KDLM for help? A large number are parents of children injured at birth. Among them: a dishwasher, a waiter, a homemaker, a judge. But not all victims are children; some are single adults, others have families to support. One is a cop, others a construction worker, a teacher, a writer, a sports announcer. Several are physicians who have been injured by negligence or medical malpractice. Many are wives and husbands who have lost their spouses due to negligence, or the failure to diagnose cancer or an operation done poorly. What they all share is a need to find justice after suffering debilitating injury and loss. New York Law Journal Top New York Verdicts of 2012 #3 of Top 30 Verdicts and #2 in Medical Malpractice Martin v. New York City Health & Hospitals Corp. $121,000, Unchecked allergic reaction led to quadriplegia, suit alleged 5/25/2012 Bronx County

12 2012 TOP VERDICTS NY -Continued from p10 FACTS & ALLEGATIONS On Feb. 18, 2004, plaintiff Jacqueline Martin, 37, a claims adjuster, presented to The Brookdale University Hospital and Medical Center, in Brooklyn. Martin was suffering swollenness of her eyes, her face and her throat. The condition was caused by her use of Dilantin, which is a drug that prevents seizures. The drug had been prescribed by Martin s neurologist, Dr. Michael Pitem. The hospital s staff provided minor treatment, and Martin was quickly discharged. Martin s condition worsened. On Feb. 20, 2004, she presented to Kings County Hospital Center, in Brooklyn. A dermatologist determined that Martin was suffering Stevens-Johnson syndrome, which is a hypersensitive condition that involves separation of the dermis and epidermis. The condition is a result of an allergic reaction. Martin was admitted to the hospital. Martin s condition worsened during her hospitalization. On Feb. 24, 2004, she was transferred to Jacobi Medical Center, in the Bronx. She was assigned to a unit that was devoted to the treatment of burns, and her treatment included the intravenous administration of immunoglobulin, which is a protein that diminishes allergic reactions. The treatment halted the progression of her Stevens-Johnson syndrome, but her health and respiration deteriorated. On Feb. 26, 2004, she suffered cardiopulmonary arrest that caused catastrophic damage of her brain. Martin s mother, Melvina Pope, that Martin s cardiopulmonary arrest was a result of a failure to promptly diagnose and treat Martin s Stevens-Johnson syndrome. Pope, acting as Martin s guardian ad litem, sued Pitem; Pitem s practice, KSP Neurological Associates, PLLC; the Brookdale University Hospital and Medical Center; and the operator of Jacobi Medical Center and Kings County Hospital Center, the New York City Health and Hospitals Corp. Pope alleged that Pitem and the Brookdale University Hospital and Medical Center s staff failed to properly address Martin s allergic reaction, that Kings County Hospital Center s staff failed to properly and timely address Martin s Stevens-Johnson syndrome, that Jacobi Medical Center s staff failed to promptly assess and treat Martin s condition, that the failures constituted malpractice, that KSP Neurological Associates was vicariously liable for Pitem s actions, and that New York City Health and Hospitals was vicariously liable for the actions of the staffs of Jacobi Medical Center and Kings County Hospital Center. Plaintiff s counsel ultimately discontinued the claim against KSP Neurological Associates. The matter proceeded to a trial against the remaining defendants. Plaintiff s counsel that Martin s Stevens-Johnson syndrome was a response to her use of Dilantin. He contended that her initial swollenness should have prompted a discontinuation of the drug. He that Pitem and the Brookdale University Hospital and Medical Center s staff failed to discontinue her use of the drug. Plaintiff s counsel noted that Martin s Stevens-Johnson syndrome was adequately stalled by the administration of immunoglobulin, and he contended that the treatment should have been rendered by the staff of Kings County Hospital Center. He also contended that the hospital s staff did not promptly address the worsening of Martin s condition. He that Jacobi Medical Center s doctors could have provided better treatment, but that several days passed before Martin was transferred to that facility. Plaintiff s counsel also that Jacobi Medical Center s staff did not promptly detect the impairment of Martin s respiration. He contended that the hospital s records did not document adequate monitoring of her condition. He also contended that the hospital s staff failed to properly address the condition. He that Martin s condition necessitated oxygenation via intubation, but that the hospital s staff unsuccessfully attempted other means of oxygenation. He contended that her respiration worsened and led to cardiopulmonary arrest. He also contended that 10 minutes passed before intubation was attempted, and he that the late and improper treatment allowed anoxic damage of Martin s brain. Pitem s counsel contended that Martin was promptly directed to discontinue her use of Dilantin, that she heeded the instruction and that the drug s use ceased on Feb. 18. New York City Health and Hospitals counsel contended that the medical community has not espoused an accepted method of treating Stevens-Johnson syndrome. They acknowledged that Jacobi Medical Center s records suggested that Martin was not adequately monitored, but they that she was continually monitored. They also that the hospital s staff properly addressed the impairment of Martin s respiration. They contended that intubation would not have provided a more effective means of oxygenation. INJURIES/DAMAGES In February 2004, Martin suffered an allergic reaction. The condition initially caused swollenness of her eyes, her face and her throat, but she subsequently developed Stevens-Johnson syndrome, which caused burns of more than 80 percent of her body s skin. She also suffered impairment of her respiration. The condition progressed, and she sustained cardiopulmonary arrest that caused anoxic damage of her brain. She suffers quadriplegia. In March 2004, Martin was admitted to a residential facility that provided constant aid and supervision. In August 2009, she was moved to her mother s home. Martin s mother sought recovery of Martin s past and future medical expenses, Martin s past and future lost earnings, and damages for Martin s past and future pain and suffering. RESULT The jury found that the defendants were liable for Martin s injuries, though Martin was assigned 1 percent of the liability. Jacobi Medical Center was assigned 50 percent of the liability; Kings County Hospital Center was assigned 40 percent of the liability; the Brookdale University Hospital and Medical Center was assigned 5 percent of the liability; and Pitem was assigned 4 percent of the liability. The jury determined that Martin s damages totaled $121 million, but the comparative-negligence reduction produced a net recovery of $119,790,000. Breakdown: $5,000,000 Past Medical Cost; $26,000,000 Future Medical Cost; $50,000,000 Past Pain and Suffering; $30,000,000 Future Pain and Suffering; $10,000,000 lost earnings. EDITOR S COMMENT This report is based on information that was provided by plaintiff s counsel and counsel of Pitem and Brookdale University Hospital and Medical Center. New York City Health and Hospitals counsel did not respond to the reporter s phone calls, and KSP Neurological Associates counsel was not asked to contribute. NUMBER FOUR MEDICAL Medical Malpractice Failure to Detect, Childbirth, Cerebral Palsy, Birth Injury, OB-GYN Docs didn t recognize pregnant woman s contractions, suit alleged AMOUNT $103,075, TYPE CASE Verdict-Plaintiff Debes v. St. Vincent s Medical Center- Staten Island Richmond John A. Fusco VENUE JUDGE INJURY TYPE(S) brain - cerebral palsy DATE August 24, 2012 PLAINTIFF(S) Robert K. Debes, Stephanie Taylor Debes PLAINTIFF ATTORNEY(S) Richard J. Sgarlato; Sgarlato & Sgarlato PLLC; Staten Island, NY PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Les Seplaki Ph.D; Economic Analysis; Fort Lee, NJ; Kevin Weiner M.D.; Physical Rehabilitation; Brooklyn, NY; Daniel Adler M.D; Pediatric Neurology; Ridgewood, NJ; Thomas Naidich M.D.; Neuroradiology; New York, NY; Michael Plotnick M.D.; OB-GYN; Greeley, CO Mary D Alton Obstetrics; New York, NY; Paula Brill Pediatric Radiology; New York, NY; Jonathan Davis Neonatology; Boston, MA Medical Liability Mutual Insurance Co. FACTS & ALLEGATIONS During the early morning hours of Jan. 22, 1995, plaintiff Stephanie Taylor Debes and her twin were born. The deliveries were performed at St. Vincent s Hospital, in the West Brighton section of Richmond County. The twins birth occurred during their mother s 25th week of gestation, and it concluded a difficult final stage of pregnancy. On Jan. 13, 1995, their mother, Catherine Debes, experienced a premature rupture of her amniotic membrane. She was admitted to the hospital, where her care was monitored by her treating obstetricians, Drs. -Continued on p14 12 VerdictSearch s Top New York Verdicts of 2012

13 HARLAN WITTENSTEIN, ESQ Queens Blvd - Suite 203 Forest Hills, NY TOP 3 IN NEW YORK Harlan Wittenstein is proud to be recognized In New York s Top Verdicts again. Three years running in New York s Top Verdicts: Harlan Wittenstein has had 4 verdicts from motor vehicle cases listed in Top New York Verdicts. Those verdicts totaled over $10,000,000. The aggregate offers to settle those cases was under $600,000. Brooklyn native Harlan Wittenstein has never strayed far from his roots. A quintessential New Yorker, Harlan is no stranger to the streets or its people. Harlan connects with juries and judges because he sees those people for who they are. Never lost in the unique nature of a given circumstance, Harlan keenly dissects the case in order to determine how to best present it to a jury. He is skilled at selecting a jury which best suits the case in his trial bag. Once the jury box is full, Harlan is a gifted story-teller who weaves his vision of the evidence throughout the proceedings in an effort to persuade his audience of the righteousness of his client s cause. Harlan effectively continues building his rapport with the jury by offering up simple truths while pointing out the absurdities presented in his adversaries position. His examination of witnesses fosters his clear and convincing viewpoint and further constructs his credibility with the jury. Harlan s thoughts on cross examination are pretty clear. You treat a witness with dignity and a great deal of respect until they lie to the jurors faces. Then, you lead them down the path and expose them for what they are. There is no question that he is a tenacious litigator. He is passionate about his clients and fights to ensure that they are treated fairly by the justice system he firmly believes in. Harlan is always humbled by the faith his clients place in him and always wants them to feel like they got a fair shake. Defense attorneys and judges know and are typically warned that he is well-prepared for the variety of pitfalls which arise during a trial. This preparation allows him to dissect the complexities of the case in order to provide the jury with a simple vision of the truth. Respected Industry Lecturer and Leader: Harlan is recognized as a trial specialist and frequently lectures on such topics as Advanced Trial Tactics and Serious Injury Threshold and has lectured nationally. He is currently on the Board of Directors of New York State Academy of Trial Lawyers and is a past Chair of the Motor Vehicle and Premises Liability Section of the American Association of Justice. He sits on several committees including the Judicial Screening Committee. In spite of his trial acumen, Harlan is always trying to find new approaches to add to his arsenal. Harlan is not afraid to push the envelope by offering unique legal theories in court. He is willing to be a trail blazer if that is what his client requires. His clients are fortunate to have him in their corner. Harlan maintains his own practice as well as being trial counsel to other firms.

14 2012 TOP VERDICTS NY -Continued from p12 Louis Grecco and Michael Grecco. Rest was prescribed. On Jan. 21, 1995, Debes reported a painful condition of her abdomen. She was transported to the hospital, where a soporific drug was administered. After several hours had passed, a doctor determined that Debes was experiencing labor. The delivery was promptly performed, but doctors determined that Stephanie was suffering cerebral palsy. Debes that Stephanie s palsy was a result of a failure to prevent the child s premature delivery. Stephanie s father, Robert Debes, acting individually and as Stephanie s parent and natural guardian, sued St. Vincent s Hospital s operator, Saint Vincent s Catholic Medical Centers of New York Inc.; Louis Grecco and Michael Grecco; and their practice, OB/GYN Associates of Staten Island, P.C. The plaintiffs alleged that Louis Grecco, Michael Grecco and the hospital s staff failed to properly manage Catherine Debes pregnancy, that the failures constituted malpractice and that Saint Vincent s Catholic Medical Centers of New York was vicariously liable for the actions of the hospital s staff. Plaintiffs counsel that Stephanie s palsy was a product of a failure to recognize the onset of labor. They contended that Catherine Debes contractions began on Jan. 21, when she reported a painful condition of her abdomen, but that the contractions were not recognized by the hospital s staff. The plaintiffs expert obstetrician opined that a monitor s readings confirmed the contractions. Plaintiffs counsel that doctors could have administered a drug that would have delayed the delivery, and they noted that the drug had been effectively administered during two prior stages of Debes pregnancy. Plaintiffs counsel further that Stephanie s injury was a result of trauma that occurred during the infant s passage through her mother s vagina. They contended that the injury could have been prevented by performance of an episiotomy, which is an incision of the perineum- -the skin that separates the anus and the lower portion of the vagina. They also contended that a Caesarean delivery would have prevented the injury. They argued that Catherine Debes obstetricians should have directed performance of either procedure. Louis Grecco and Michael Grecco contended that they properly managed the delivery and the prenatal period. The hospital s counsel contended that monitors did not suggest that Debes was experiencing contractions, and he that doctors did not observe any indication that Stephanie was distressed. He contended that Stephanie s premature birth could not have been prevented. INJURIES/DAMAGES Stephanie suffers cerebral palsy. She cannot walk, and she cannot independently perform many everyday activities, which include bathing and defecating. Her mental abilities are not impaired, but she that she cannot perform meaningful work. Plaintiffs counsel contended that Stephanie must undergo extensive treatment that will address scoliosis, a problematic tendon and other conditions. Doctors expect that Stephanie will reside in an assisted-living setting. Stephanie sought recovery of her past and future medical expenses, her lost earnings, and damages for her past and future pain and suffering. Her father initially presented a derivative claim, but his claim was ultimately withdrawn. RESULT The jury rendered a mixed verdict. It found that Saint Vincent s Catholic Medical Centers of New York was entirely liable for Stephanie s injury. Liability was not assigned to Louis Grecco, Michael Grecco or their practice. The jury determined that Stephanie s damages totaled $103,075, 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 FIVE INTENTIONAL TORTS Intentional Torts - Assault and Battery Nightlife altercation ended with student paralyzed AMOUNT $45,527, TYPE Decision-Plaintiff CASE Bliss v. Rowland VENUE Monroe JUDGE Annmarie Taddeo TRIAL LENGTH 3 days INJURY TYPE(S) neck - fracture, fracture, C5, fracture, vertebra, fracture, C5; other - pins/ rods/screws; cardiac - cardiac arrest; surgeries/treatment - open reduction, internal fixation; mental/psychological - anxiety, depression; paralysis/ quadriplegia - tetraplegia, quadriplegia DATE January 3, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) Michael W. Bliss (Male, 21 Years) Michael R. Law; Phillips Lytle LLP; Rochester, NY Heinz Schamberger ; Chiropractic; Rochester, NY; Kelly Lance RN, BSN, CNLCP; Life Care Planning; Draper, UT; Kanakadurga Poduri ; Physical Rehabilitation; Rochester, NY Matthew McCabe Valuation; Jordan, NY FACTS & ALLEGATIONS At about 3:30 a.m. on March 28, 2008, plaintiff Michael Bliss, 22, a student, became involved in an altercation with three other patrons of the Steer Restaurant and Saloon, which is located at 3151 Main St., in Buffalo. Bliss and the others entered the premises parking lot, where Bliss was beaten and kicked. He sustained injuries that included a paralyzing fracture of his neck. Police arrested three men: Michael Gunderman, Charles Jordan and Kevin Rowland. Jordan and Rowland pleaded guilty to assault, but Gunderman was cleared of criminal responsibility. Bliss sued Gunderman, Jordan and Rowland. Bliss alleged that he was assaulted and battered by Jordan and Rowland. He further alleged that Gunderman s actions exacerbated the incident. Bliss counsel moved for summary judgment of Jordan s liability and Rowland s liability, and the motion was granted. Bliss, Gunderman and Jordan negotiated pretrial settlements. Gunderman agreed to pay $15,000, and Jordan agreed to pay $500,000. The matter proceeded to a trial that addressed the damages that Rowland would pay. INJURIES/DAMAGES Bliss was beaten and kicked. He sustained injuries that included a fracture of his C5 vertebra. He was placed in an ambulance, and he was transported to Erie County Medical Center, in Buffalo. His fracture was addressed via open reduction and the internal fixation of pins and screws. He also suffered two complete stoppages of his heart, though he was revived. Bliss fracture caused quadriplegia. He underwent extensive inpatient occupational and physical therapy, and he has regained some use of his arms. He has also regained some of his legs sensory ability. Doctors have opined that he suffers incomplete tetraplegia: quadriplegia with some preservation of sensation and muscular functionality. Bliss that he endures daily pain, that he experiences cramping and spasms of his legs, that his condition impairs his ability to sleep, that he suffers anxiety and depression, and that he fears that he will die. He contended that he experienced one episode in which he believed that death was imminent. Bliss doctors agree that Bliss will require lifelong assistance and treatment. Bliss has resumed college, albeit via online courses. He has also obtained a driver s license, but he requires a modified vehicle. He that he intends to pursue a career, though he contended that he would have obtained a master s degree and much more lucrative work if he had not been paralyzed. Bliss vocational-rehabilitation expert opined that Bliss will likely procure only transitory, parttime work. Bliss sought recovery of his past and future medical expenses, his past and future lost earnings, additional past and future economic damages, and damages for his past and future pain and suffering. RESULT Judge Annmarie Tadeo found that Bliss damages totaled $45,527, Breakdown: $433,923 Past Medical Cost; $18,813,965 Future Medical Cost; $191,324 Past Lost Earnings Capability; $6,729,790 Future Lost Earnings Capability; $3,500,000 Past Pain & Suffering; $7,000,000 Future Pain And Suffering; $21,923 past economic damages; $8,836,510 future economic damages. Actual Award: $46,042, Continued on p16 14 VerdictSearch s Top New York Verdicts of 2012

15 AREAS OF PRACTICE 267 North Street Buffalo, NY Specializing in Railroad, Workplace and Motor Vehicle Accidents When considering a lawyer to represent you for Railroad Accidents or to serve as co-counsel, consider the following verdicts achieved by John F. Collins, Esq. 1. Steve Turner v. CSX offer in the amount of $450,000; verdict in the amount of $2.8 million affirmed on appeal; settlement after CSX lost the appeal; 2. Canazzi v. CSX verdict in the amount of $1.6 million and appealed by CSX. Settled after CSX evaluated their Appellate chances and decided to settle; 3. Murphy v. CSX verdict in the amount of $975,000 and affirmed on appeal with 9% interest; settled after appeal for verdict plus interest at 9%; 4. Dougherty v. CSX verdict in the amount of $789,000 and affirmed on appeal. Settled for $830,000 after appeal lost and CSX had no place else to go for further appeals; 5. Grandfield v. CSX verdict in the amount of $250,000 and affirmed on appeal by the 1st Circuit Court of Appeals; settled for verdict plus costs and interest; CSX offered $0.00 and guaranteed a no-cause! 6. Robinson v. CSX verdict in the amount of $4.7 million and affirmed on appeal. CSX paid $5.2 million verdict and interest, after they lost all the appeals (offer was $850,000) and their bank account was about to be attached by the Sheriff; 7. Gondeck v. CSX - verdict in the amount of $1.2 million. CSX paid $1,000,000 after trial motions were denied; (offer at trial in the amount of $50,000) and resolved with second case ready for trial which CSX then settled; 8. Kupka v. CSX verdict in the amount of $1, less 35% comparative negligence. Summary judgment on judicial estoppel argument motions were denied; show cause to reargue denied; post-trial motions denied; judgment entered in the amount of $838, at 9% on November 1, 2012; offer was 0; Judgment filed in Erie County, Bond posted, amount owed approximately $870,000 as of today; 9. Nasca v. CSX verdict in the amount of $350,000 and judgment entered at 9%. CSX paid judgment; (offer before trial was in the amount of $2,500) and ($23,000 at the time of trial); case could have settled for $25,000 before trial; 10. Romero v. CSX verdict in the amount of $950,000 settled after post-trial motions wer e denied for verdict plus costs; CSX considered but never made formal offer of $1 million;

16 2012 TOP VERDICTS NY -Continued from p14 EDITOR S COMMENT This report is based on articles that were published by The Buffalo News and the Times Union, information that was provided by plaintiff s counsel, and information that was provided by Gunderman s counsel. Jordan s counsel did not respond to the reporter s phone calls, and Rowland, a pro se defendant, was not asked to contribute. NUMBER SIX INTENTIONAL TORTS Intentional Torts - Wrongful Death - Survival Damages Man killed ex-wife to regain pension benefits, suit alleged AMOUNT $31,736,043 TYPE Verdict-Plaintiff CASE Kane v. Galtieri VENUE Richmond JUDGE Philip G. Minardo TRIAL LENGTH 5 days TRIAL DELIBERATIONS 3 hours JURY VOTE 5-1 (Patricia Kane s damages); 6-0 (all other questions) JURY COMPOSITION 3 male/ 3 female INJURY TYPE(S) other - death, gunshot wound DATE February 15, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) Patricia Kane (Male, 25 Years), Estate of Jeanne Kane (Male, 58 Years), New York City Police Pension Fund Warren F. van den Houten; Warren van den Houten, Esq.; Staten Island, NY; Matthew Pavis; Warren van den Houten, Esq.; Staten Island, NY; Inga Van Eysden; Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel; New York, NY Frank Tinari Ph.D.; Economics; South Orange, NJ; Kristin Roman ; Forensic Pathology; New York, NY FACTS & ALLEGATIONS On Jan. 30, 2007, plaintiff s decedent Jeanne Kane, a 58-year-old unemployed woman, was shot and killed. The incident occurred in the park-and-ride facility that is located alongside the intersection of the Korean War Veterans Parkway and the West Shore Expressway, in the Pleasant Plains section of Richmond County. The murder occurred during the wake of a contentious legal dispute in which Kane was assigned 99 percent of her ex-husband s pension. Her ex-husband, John Galtieri, a retired officer of the New York City Police Department, was alleged to have committed the murder. Galtieri was arrested and convicted, and he remains incarcerated. Kane s daughter, Patricia Kane, acting individually and as the administrator of her mother s estate, sued Galtieri. The plaintiffs alleged that Galtieri murdered Jeanne Kane. The New York City Police Pension Fund was deemed a statutory plaintiff, and Galtieri s wife, Marilyn Galtieri, became an intervening defendant. Plaintiffs counsel noted that Mr. Galtieri s pension provides monthly payments of $2,770. They further noted that Kane s legally determined share totaled $2,763. They also noted that Kane s entitlement would have continued until she died or married, and they contended that her murder was intended to end that entitlement. Patricia Kane that Galtieri carefully planned the murder. She noted that the murder occurred while she was a passenger of a bus that was traveling to the park-and-ride facility, where her mother would have retrieved her. She contended that her father had been observing her daily routines. Galtieri contended that he did not murder his ex-wife. He is appealing his conviction. However, his conviction established his liability for the civil component of the matter. Thus, this trial addressed damages. INJURIES/DAMAGES Kane sustained five gunshots. A coroner opined that the fatal shot struck Kane s head. The coroner also opined that Kane exhibited wounds that suggested that she fought her assailant. Plaintiffs counsel contended that Kane experienced terror and a fear of impending death. Kane died before medical attention could be administered. Plaintiffs counsel that Kane s murder was a planned, malicious, heinous and vindictive act. They noted that Patricia Kane believed that her father had been observing her daily routines. Jeanne Kane, 58, died Jan. 30, She was survived by her daughter. The estate sought recovery of wrongfuldeath damages that included the cost of Kane s funeral and burial, Kane s share of Galtieri s pension, and damages for Kane s terror, pain and suffering. The estate also sought $10 million for punitive damages. Kane s daughter that she endured the anguish and horror of seeing the scene of her mother s murder. She noted that she and her mother shared a residence, and she also contended that she was dependent upon her mother s guidance and support. She sought recovery of damages for her past and future pain, suffering and loss of parental guidance. Galtieri contended that he did not kill Jeanne Kane. He also contended that Kane was killed by the first gunshot, and, as such, he that she did not experience pain or suffering. He further that he had not been stalking his daughter. Galtieri also that Marilyn Galtieri was legally entitled to his pension. The couple divorced after his conviction, but the pension had been transferred to her. Plaintiffs counsel that the transfer was fraudulent. RESULT The jury found that the plaintiffs damages totaled $31,893,905. Breakdown: $543 Past Medical Cost; $20,000,000 Punitive Exemplary Damages; $133,056 loss of alimony and Social Security benefits; $692,725 additional monetary loss; $17,581 Wrongful Death: Funeral Burial Expense; $10,000,000 Wrongful Death: Survival; $1,000,000 Wrongful Death: Past Mental Angiush; $50,000 Wrongful Death: Future Loss Of Parental Guidance EDITOR S COMMENT This report is based on information that was provided by plaintiffs counsel and Marilyn Galtieri s counsel. The pro se defendant, John Galtieri, was not asked to contribute. NUMBER SEVEN EMPLOYMENT Employment - Race Discrimination, Hostile Work Environment; Civil Rights - Civil Rights Act of 1964 Worker bosses allowed years of racist taunts AMOUNT $25,325,000 TYPE Verdict-Plaintiff CASE Turley v. ISG Lackawanna Inc. VENUE U.S. District Court, WDNY ACTUAL AWARD $6,757,323 JUDGE William M. Skretny TRIAL LENGTH 3 weeks JURY VOTE 8-0 INJURY TYPE(S) mental/psychological - anxiety, depression, emotional distress POST TRIAL Defense counsel moved for remittitur. Judge William Skretny did not disturb the awards for Turley s emotional suffering, but punitive damages were reduced to $5 million. Skretny also awarded attorneys fees of $437,323. The adjustments produced a final recovery of $6,757,323. DATE June 12, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) Elijah Turley Donald B. Eppers; Brown & Kelly, LLP; Buffalo, NY; Ryan J. Mills; Brown & Kelly, LLP; Buffalo, NY Syed Jaffri M.D.; Psychiatry; Buffalo, NY; Christopher Pino Ph.D.; Psychology/ Counseling; Buffalo, NY FACTS & ALLEGATIONS During a period that spanned 2005 and 2009, plaintiff Elijah Turley, a processor operator, worked in the pickler department of the ArcelorMittal Steel mill that was located in Lackawanna. Turley, a black man, that he was frequently subjected to slurs by white co-workers. He contended that he was often addressed as n----r or boy, and he that the terms were commonly used throughout the facility. In December 2005, Turley filed a charge of discrimination. Turley that racially charged harassment persisted. He contended that, soon after filing his complaint, a sign reading 16 VerdictSearch s Top New York Verdicts of 2012

17 dancing gorilla appeared on the door of his work booth. He that slurs such as King Kong lives were painted on his work booth; that a noose holding a stuffed monkey was hung on one of his car s side-view mirrors; that thick black grease was applied to his chair; and that his life was threatened. Turley repeatedly reported the ongoing harassment to several supervisors: a department manager, Thomas Jaworski; a human-resources manager, Gerald Marchand; and a labor-relations manager, Larry Sampsell. The harassment persisted. Turley sued Jaworski; Marchand; Sampsell; ArcelorMittal Steel s operator, Mittal Steel USA Lackawanna Inc.; and several of that company s affiliates, Mittal Steel USA Inc., ISG Lackawanna Inc. and ISG Lackawanna, LLC. Turley alleged that he was subjected to discrimination that created a hostile work environment and violated Title VII of the Civil Rights Act of 1964 and the New York Human Rights Law. Plaintiff s counsel that Jaworski, Marchand and Sampsell did not properly address Turley s complaints. They contended that Marchand failed to institute effective workplace policies and training, that Sampsell penalized Turley for attending depositions related to the lawsuit and that all three men threatened to fire Turley after he complained. Plaintiff s counsel also contended that, in May 2006, Turley was assigned to report to a co-worker who had admitted graffiting the walls of Turley s work booth. Defense counsel contended that the graffiti was quickly removed; that the graffiting was promptly and fully investigated; that the person responsible was suspended and warned of further punishment; that the managers increased their time observing the floor to combat any hostility; and that the company conducted mandatory meetings in which employees were notified of a zero-tolerance policy regarding racism and vandalism. They also contended that Turley was uncooperative during the company s investigations. They that he requested that the investigating manager not speak with the employee who confessed to writing the graffiti and that he subsequently declined to comply with investigations without a lawyer present. Defense counsel acknowledged that a worker called Turley a gorilla, but they contended that a witness reported that the comment was made in jest and that Turley did not object. They that several other incidents were similar misunderstandings that were not racially motivated. They also that job requirements necessitated Turley s communication with certain workers who were alleged to have harassed him. INJURIES/DAMAGES Turley that he suffered anxiety, depression and severe emotional distress until the plant closed in He sought psychiatric treatment. Turley sought recovery of a total of $50 million in the initial complaint for emotional distress, hostile work environment and punitive damages. Plaintiff s counsel contended that the defendants oversight of the complaint was grossly negligent in that proper mechanisms to address civil-rights complaints were not implemented until December 2006 and that employees were unable to provide any signed documentation showing that they attended or understood the workplace discrimination/harassment training that was provided. Defense counsel argued that punitive damages did not apply because multiple programs existed to combat discrimination; that the rules were sent to all employees; that several employees testified that they were aware of the regulations; and that Turley had avenues for his civil-rights complaints. RESULT The jury found that Turley was subjected to a hostile work environment and that Jaworski, Marchand, Sampsell and ArcelorMittal Steel failed to properly address the hostility. It also deemed Sampsell s actions extreme and outrageous. The jury determined that Turley s damages totaled $25,325,000. The corporate defendants are responsible for a total of $25.25 million, which includes punitive damages of $24 million; Jaworski is responsible for $10,000; Marchand is responsible for $25,000; and Sampsell is responsible for $40,000, which includes punitive damages of $5,000. Breakdown: $24,005,000 Personal Injury: Punitive Exemplary Damages; $1,060,000 Personal Injury: hostile work environment; $260,000 Personal Injury: intentional infliction of emotional distress. EDITOR S COMMENT This report is based on court documents, information that was provided by plaintiff s counsel and information that was provided by defense counsel. NUMBER EIGHT MOTOR VEHICLE Motor Vehicle - Speeding, Broadside, Intersection, Multiple Vehicle, Passenger Pedal-to-the-metal trucker toppled other truck, suit alleged AMOUNT $21,980,000 TYPE Verdict-Plaintiff CASE Abreu v. M & M Truck & Body Repair Inc. VENUE Bronx JUDGE Fernando Tapia DEMAND $2,000,000 (total, by both plaintiffs) OFFER None TRIAL LENGTH 3 weeks TRIAL DELIBERATIONS 4 hours JURY VOTE 6-0 JURY COMPOSITION 2 male/ 4 female POST TRIAL Defense counsel has moved for a new trial. Alternatively, he is seeking a reduction of the awards for the plaintiffs medical expenses. INJURY TYPE(S) knee - medial meniscus tear; chondromalacia patella; cervical disc protrusion; ankle ligament tear; torn rotator cuff; surgeries/treatment - arthroscopy, knee surgery, chiropractic, physical therapy DATE March 1, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Manuel Abreu, Agapito Lopez Robert J. Genis; Sonin & Genis, Esqs.; Bronx, NY; Gerard Lucciola; Rosato & Lucciola, P.C.; New York, NY; Steven Michelstein; Michelstein & Associates, PLLC; New York, NY; Richard Ashman; Michelstein & Associates, PLLC; New York, NY Sana Bloch ; Neurology; Bronx, NY; Brian Haftel ; Pain Management; Bronx, NY; Thomas Fitzgerald ; Economics; New York, NY; Randall Ehrlich ; Orthopedics; Staten Island, NY; Lopez Nicholas Bellizzi ; Accident Reconstruction; Holmdel, NJ Peter Godsick Orthopedics; New York, NY; William Head Neuropsychiatry; Staten Island, NY Scottsdale Insurance Co. FACTS & ALLEGATIONS On Nov. 6, 2007, plaintiff Agapito Lopez, 41, a truck driver, was driving on Faile Street, near its intersection at Viele Avenue, in the Hunts Point section of the Bronx. Plaintiff Manuel Abreu, 37, a truck driver, was a passenger. While Lopez was proceeding through the intersection, his 26-foot-long truck s right side was struck by a tractor-trailer that was being driven by Librado Sanchez, who was traveling on Viele Avenue. Lopez s truck flipped onto its left side. Abreu that he sustained injuries of an ankle, a knee and a shoulder. Lopez that he sustained injuries of a knee and his neck.the deal had been struck in December During a period that spanned January 2002 and August 2002, Vivendi Universal s stock s value plummeted. Liberty Media that Vivendi Universal had concealed adverse developments that would have inevitably reduced the value of the company s stock. Abreu and Lopez sued Sanchez and his vehicle s owner, M & M Truck & Body Repair Inc. Abreu and Lopez alleged that Sanchez was negligent in the operation of his vehicle. They further alleged that M & M Truck & Body Repair was vicariously liable for Sanchez s actions. Lopez that the collision occurred after his truck had cleared about 75 percent of the intersection. He contended that Sanchez was speeding. Sanchez contended that Lopez ignored a stop sign that governed his entrance to the intersection. INJURIES/DAMAGES Abreu was placed in an ambulance, and he was transported to Lincoln Medical and Mental Health Center, in the Bronx. He underwent X-rays and minor treatment. Abreu ultimately that he sustained a tear of his left shoulder s rotator cuff, a tear of his left knee s -Continued on p18 VerdictSearch s Top New York Verdicts of

18 2012 TOP VERDICTS NY -Continued from p17 medial meniscus and tears of ligaments of his left ankle. He underwent arthroscopic surgery that addressed the injuries of his left knee and shoulder, and he underwent open surgery that addressed the injuries of his left ankle. He also undergoes physical therapy. Abreu that he suffers residual pain and limitations that prevent his resumption of work. He 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. Lopez was placed in an ambulance, and he was transported to Lincoln Medical and Mental Health Center, in the Bronx. He underwent X-rays and minor treatment. Lopez ultimately that he sustained a protrusion of an intervertebral disc of his spine s cervical region. He also that he sustained a tear of his left knee s meniscus. He contended that his left knee developed chondromalacia: softening of the cartilage. Lopez s left knee s injuries were addressed via arthroscopic surgery. He also undergoes chiropractic manipulation and physical therapy, but he that his neck and left knee remain painful. He contended that his pain prevents his resumption of work. Lopez s treating doctors opined that Lopez will have to undergo replacement of his left knee, removal of his problematic disc and fusion of the associated portion of his spine. Lopez 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 jury found that the defendants were liable for the accident. It determined that the plaintiffs damages totaled $21.98 million. $2,000,000 Personal Injury: Past Medical Cost; $4,000,000 Personal Injury: Future Medical Cost; $200,000 Personal Injury: Past Lost Earnings Capability; $400,000 Personal Injury: Future Lost Earnings Capability; $160,000 Personal Injury: Past Pain And Suffering; $320,000 Personal Injury: Future Pain And Suffering $4,000,000 Personal Injury: Past Medical Cost; $9,000,000 Personal Injury: Future Medical Cost; $400,000 Personal Injury: Past Lost Earnings Capability; $600,000 Personal Injury: Future Lost Earnings Capability; $300,000 Personal Injury: Past Pain And Suffering; $600,000 Personal Injury: Future Pain And Suffering EDITOR S COMMENT This report is based on information that was provided by plaintiffs and defense counsel. 18 VerdictSearch s Top New York Verdicts of 2012 NUMBER NINE MOTOR VEHICLE Transportation - Roadways Motor Vehicle - Center Line, Ice, Dangerous Condition, Multiple Vehicle Government - State and Local Government State ignored road s recurrent icy conditions, claimant alleged AMOUNT $20,181,484 TYPE Decision-Plaintiff CASE Zouaoui v. State of New York VENUE Court of Claims, White Plains JUDGE Stephen J. Mignano INJURY TYPE(S) arm - fracture, fracture, ulna, crush injury, arm, fracture, humerus elbow - fracture, elbow, dislocation other - infection, resection, bone graft, MRSA infection, comminuted fracture, muscle, damage/ loss, avulsion (non-fracture) neurological - nerve damage/neuropathy, nerve damage, ulnar nerve surgeries/treatment - open reduction, internal fixation DATE July 27, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) Mary Zouaoui, Slim Zouaoui Daniel P. O Toole; Block, O Toole & Murphy, LLP; New York, NY; Nick Gjelaj (liability); Block, O Toole & Murphy, LLP; New York, NY; Robyn Brazzil (damages); Block, O Toole & Murphy, LLP; New York, NY Alan Leiken Ph.D.; Economics; East Setauket, NY; John McManus P.E.; Accident Reconstruction; Purchase, NY; Edwin Richter M.D.; Pain Management; New York, NY; James Shultz P.E.; Accident Reconstruction; Lancaster, PA; Robert Koch ; Plastic Surgery/ Reconstructive Surgery; Goshen, NY; Charles Kincaid Ph.D.; Vocational Rehabilitation; Hackensack, NJ; Richard Magill M.D.; Orthopedics; Dobbs Ferry, NY Michael Elia Orthopedic Surgery; Bronxville, NY; William Fitzpatrick Engineering; Hyde Park, NY FACTS & ALLEGATIONS At about 11 p.m. on March 11, 2007, claimant Slim Zouaoui, 32, an executive, was driving on the eastbound side of Route 6, near its intersection at Mahopac Avenue, in Somers. Icy conditions were prevalent. Zouaoui s car collided with a westbound vehicle that was being driven by Marc Gutterman. Zouaoui that he sustained injuries of an arm and an elbow. Zouaoui sued Route 6 s maintainer, the state of New York. He alleged that the state was negligent in its maintenance of the road. He further alleged that the state s negligence created a dangerous condition that caused the accident. In a separate filing in Westchester County Court, Zouaoui sued Gutterman, the owner of Gutterman s vehicle, the town of Somers and Westchester County. That case resulted in a settlement. Terms were not disclosed. Zouaoui that Gutterman s vehicle skidded on ice, crossed Route 6 s double yellow center line and struck his vehicle s left side. He contended that Gutterman was maintaining an excessive, unsafe speed, but he that the accident s primary cause was an icy roadway. Zouaoui s counsel noted that witnesses reported that ice covered both sides of the road throughout a distance of about 100 yards. Zouaoui s counsel presented photographic evidence that demonstrated that vegetation was growing over and under the guardrails that framed the road. They contended that the vegetation prevented proper drainage of the roadway and led to recurrent icy conditions. They also presented testimony and evidence that established that icy conditions had caused several other accidents in the immediate area during the nine days that preceded the instant accident. One witness, an employee of the New York State Department of Transportation, opined that the instant accident occurred during conditions that were as dangerous [as] you could get on a roadway. He that his maintenance crew had been aware of recurrent icy hazards during the two to three weeks that preceded the accident, and he contended that the crew had deemed the area a hot spot that required babysitting maintenance that included constant checks and corrective measures. However, he acknowledged that those measures were abandoned during weekends, and claimant s counsel noted that the accident occurred on a Sunday. Defense counsel contended that Route 6 was properly maintained during weekends and weekdays. The defense s expert engineer opined that the accident was a result of each driver s failure to maintain a safe speed. He also opined that any icy conditions were a natural occurrence that would have resulted from airborne moisture. INJURIES/DAMAGES Zouaoui sustained crushing injuries of his left, dominant arm. The injuries included a comminuted fracture of the arm s humerus, near the elbow; destruction of the humerus s trochlea and medial epicondyle, which are upper components of the elbow; a fracture of the forearm s ulna; a dislocation of the proximal radioulnar joint, which is a lower component of the elbow; transection of the arm s ulnar nerve; and an avulsion of the forearm s flexor pronator muscle. Zouaoui was placed in an ambulance, and he was transported to Westchester Medical Center, in Valhalla. His fractures were addressed via open reduction and internal fixation, and his hospitalization spanned about 17 days. During the ensuing two years, Zouaoui underwent about 20 surgeries. The procedures were intended to repair the arm s structure and functionality, and they included the resection of about 2 inches of the humerus, the implantation of antibiotic cement and cadaverous bone, and the application of a graft of muscle. During the ensuing

19 three years, he underwent eight additional procedures that were intended to improve the arm s functionality. He endured about 20 hospitalizations, and he developed four methicillin-resistant Staphylococcus aureus infections. The infections were addressed via antibiotics that were administered through his heart. Zouaoui that his prolonged need for antibiotic and narcotic medications led to his development of hemorrhoids, which necessitated a hemorrhoidectomy, and a Clostridium difficile infection. Zouaoui contended that his left arm is chronically painful and nearly functionless. He that he previously enjoyed playing guitar and participating in billiards competitions, but that his left arm s condition prevents his resumption of those activities. He also that his injuries stalled and stagnated a promising career. He contended that he requires lifelong medical treatment that will likely include fusion of his left elbow. Zouaoui sought recovery of his past and future medical expenses, his future lost earnings, damages for his past and future loss of household services, and damages for his past and future pain and suffering. His wife, Mary Zouaoui, sought recovery of damages for her past and future loss of services. RESULT On April 13, 2011, Judge Stephen Mignano found that the state was entirely liable for the accident. On June 6, 2012, Mignano determined that the claimants damages totaled $20,181,484. Breakdown: $250,000 Personal Injury: Past Loss Of Services; $500,000 Personal Injury: Future Loss Of Services; $1,507,929 Personal Injury: Past Medical Cost; $1,558,778 Personal Injury: Future Medical Cost; $4,983,030 Personal Injury: Future Lost Earnings Capability; $4,000,000 Personal Injury: Past Pain And Suffering; $7,000,000 Personal Injury: Future Pain And Suffering; $22,786 Personal Injury: past loss of household services; $358,961 Personal Injury: future loss of household service 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 TEN MEDICAL MALPRACTICE Medical Malpractice - Failure to Test, Failure to Diagnose, Cancer Diagnosis, Breast Cancer, Radiology, Radiologist Radiologist misdiagnosed cancerous tumor, plaintiff alleged AMOUNT $15,000,000 TYPE Verdict-Plaintiff CASE Tesoriero v. Fisher VENUE Suffolk JUDGE Hector D. LaSalle TRIAL LENGTH 12 days TRIAL DELIBERATIONS 1 day JURY VOTE 6-0 JURY COMPOSITION 6 female INJURY TYPE(S) other - mastectomy, radiation therapy cancer - cancer, chemotherapy, breast DATE February 7, 2012 PLAINTIFF(S) PLAINTIFF ATTORNEY(S) PLAINTIFF EXPERT(S) DEFENDENT EXPERT(S) INSURER(S) Stephanie Tesoriero Robert V. Fallarino; Pegalis & Erickson, L.L.C.; Lake Success, NY Barry Mann ; Oncology; Wynnewood, PA; Steven Reichard ; Radiology; Middletown, NY Mark Fialk Oncology; White Plains, NY; Lillian Stern Radiology; Philadelphia, PA Academic Health Professionals Insurance Association FACTS & ALLEGATIONS On Oct. 1, 2002, plaintiff Stephanie Tesoriero, 42, a homemaker, presented to a radiologist, Dr. Paul Fisher. Tesoriero reported that she had detected a mass that occupied one of her breasts. Fisher performed a mammography, and he determined that the mass s density did not exceed normal parameters. He opined that the growth was a benign cyst, and he suggested that a follow-up examination would be performed after a year had passed. On Feb. 24, 2004, Tesoriero learned that she was suffering cancer of the same breast. A doctor discovered a tumor whose size approximated that of a golf ball. Tesoriero underwent aggressive treatment, but her cancer has spread to other areas of her body. Her condition is considered terminal. Tesoriero that her cancer could have been diagnosed in October 2002, and she contended that prompt treatment could have eradicated her disease. Tesoriero sued Fisher. She alleged that Fisher failed to diagnose her cancer. She further alleged that Fisher s failure constituted malpractice. contended that a biopsy and a sonography should have been performed. He that a prompt diagnosis would have increased Tesoriero s likelihood of surviving her disease. Defense counsel contended that Tesoriero s cancerous tumor did not occupy the area that Fisher had examined. Thus, he that her cancer developed after the examination that Fisher performed. Fisher contended that he was not able to fully palpate the mass, and, as such, he that he reasonably assumed that the mass was a cyst. He also that the mammography s normal results obviated the need for a biopsy or a sonography. INJURIES/DAMAGES On Feb. 24, 2004, Tesoriero learned that she was suffering cancer of a breast. She underwent a mastectomy, six months of chemotherapy, the application of radiation and the administration of hormonal medication. The treatment initially caused remission of her cancer. However, in 2005, doctors determined that the disease had spread to her spine s lumbar region. Tesoriero underwent additional chemotherapy, and she also underwent the application of radiation. In 2011, doctors determined that the disease had spread to one of her hips, her pelvis and her spine s thoracic region. She undergoes chemotherapy, and the treatment is expected to continue throughout the remainder of her life. Her condition is considered terminal. Plaintiff s counsel that Tesoriero s cancer was not promptly diagnosed. He contended that prompt treatment would have allowed minimally invasive treatment, and he that a prompt diagnosis would have increased Tesoriero s likelihood of survival. Tesoriero sought recovery of damages for her past and future pain and suffering. The defense s expert oncologist opined that Tesoriero s cancerous tumor formed during the three months that preceded its diagnosis. The parties stipulated that Tesoriero s damages could not exceed $1.5 million. RESULT The jury found that Fisher departed from an accepted standard of medical care. It determined that Tesoriero s damages totaled $15 million, but Tesoriero s recovery was reduced to the stipulated limit: $1.5 million. Breakdown : $5,000,000 Personal Injury: Past Pain And Suffering; $10,000,000 Personal Injury: Future Pain And Suffering EDITOR S COMMENT This report is based on information that was provided by plaintiff s and defense counsel. Plaintiff s counsel that Fisher did not thoroughly investigate the nature of the mass that he observed. He VerdictSearch s Top New York Verdicts of

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21 TOP 2012 NEW YORK VERDICTS BY CATEGORY Civil Rights, & Employment Employ- & ment Civil Rights Injuries Animal Employment Civil Hotel/Restaurant Rights Employment

22 2012 TOP VERDICTS NY Animal CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Khemai-Ramsar v. Pit-Stop Garage Inc. Mar 22 Queens Animal Control: Dog bites left embarrassing scars, Kenneth V. Madden, Brooklyn, NY of trial counsel, Thomas D. Wilson, PC $35,000 Civil Rights CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Turley v. ISG Lackawanna Inc. Jun 12 U.S. District Court, WDNY Worker bosses allowed years of racist taunts Donald B. Eppers & Ryan J. Mills, Buffalo, NY of Brown & Kelly, LLP $25,325,000 Murdaugh v. The City of New York Jan 04 U.S. District Court, SDNY Corrections officer sues city and former acuser for creating hostile work environment Fred B. Lichtmacher of Fred B. Lichtmacher, Esq.; Matthew Flamm, Brooklyn, NY of Matthew Flamm Law Office $100,000 Employment CASE DATE COURT TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT Salemi v. Gloria's Tribeca Inc. Mar 19 New York Chef boss's prayer sessions condemned gays Derek Smith & Bryan Arce, New York, NY of Derek T. Smith Law Group, PC $1,600,000 Baffo v. New York Institute of Technology Jun 12 U.S. District Court, EDNY Catering hall's manager HIV disclosure led to firing Douglas H. Wigdor, New York, NY of Thompson Wigdor LLP $1,350,000 Campbell v. Cellco Partnerships May 22 U.S. District Court, SDNY Complaints led to worker's firing, suit alleged Tracey L. Brown & Derek S. Sells, New York, NY of The Cochran Firm $1,054, VerdictSearch s Top New York Verdicts of 2012

23 GORAYEB & Associates, P.C. 100 William St # 1205 New York, NY (212) As top-notch attorneys in a strategically located downtown Manhattan office, Gorayeb & Associates, P.C. offers clients comprehensive legal services in civil litigation. The firm is distinguished by its unsurpassed proficiency in personal injury, specializing in construction accidents, legendary litigation skills, and unrivaled expertise in all aspects of New York civil litigation. From commencement of your suit to the appellate process, we have one mission: to deliver success and security for our clients. Great client service requires insight, expertise, compassion, responsiveness, proactivity, and integrity. We strive to understand each individual client s particular situation, and unique set of circumstances. Whether it is a workplace accident, lead poisoned child, car accident, or someone hurt on a dangerous city street, we ll assemble the optimal team of resources from across the firm to tackle our clients legal challenges. No matter how complex the lawsuit, we pride ourselves in being able to navigate the often confusing world of New York rules, regulations, and governmental agencies. However, no matter how busy with the litigation process we are, we always have time to answer questions, and address concerns of our clients with the respect that they deserve. New York Law Journal Top NY Verdicts of 2012 #26 of the TOP 30 Verdicts and #4 Workplace Negligence category Vasquez v. Urbahn Associates Inc. $6,092, Building collapse ended career, laborer 2/15/2012 New York Other Notable Verdicts: Ramirez v. the NYC School Construction Authority $5,390,101 Local 79 shop steward fell from ladder at Bronx high school fracturing his leg. 12/13/12 Bronx Severe v. Consolidated Truck Leasing Corp., et al. $11,780, Motor Vehicle: A male driving an automobile was struck in the rear by another vehicle causing him to sustain a spinal injury. 1/9/03 Kings Hernandez v. 151 Sullivan Tenant Corp. et al $12,800, Labor Law: A construction worker fell from a roof onto a sidewalk bridge. 12/12/03 Bronx Flores v. Parkchester Preservation Company, L.P. et al. $5,720, A home health aide tripped and fell over a sidewalk defect resulting in a fractured elbow among other injuries. 10/15/04 Bronx

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25 TOP 2012 NEW YORK VERDICTS BY CATEGORY Construction Accidents & Other Workplace Safety Construction Accident Workplace Safety

26 2012 TOP VERDICTS NY Construction Accident Munoz v. Hilton Hotels Corp. Sep 11 New York Elevation: Fall from ladder caused brain injury, Joseph P. Carfora & Michael A. Rose, New York, NY of Hach & Rose, LLP $13,020,857 Ordonez v. 346 West 17th Street, LLC Mar 02 New York Elevation: Worker's 20-foot fall caused injuries of head, spine John Dalli, Mineola, NY of Dalli & Marino, L.L.P.; Howard R. Borowick, trial counsel, New York, NY of Sacks & Sacks, LLP $10,015,000 Cromer v. Hank Starr Builder, LLC Aug 01 Ulster Elevation: Foot is useless since fall from ladder, painter Richard Wedinger & Laurel Wedinger, Edison, NJ of Barry, McTiernan & Wedinger $6,153,638 Vasquez v. Urbahn Associates Inc. Feb 15 New York Elevation: Building's collapse ended career, laborer Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $6,092,000 Ramirez v. NYC School Construction Authority Dec 12 Bronx Elevation: Local 79 shop steward fell from ladder at Bronx highschool fracturing his leg Ortiz v. 164 Atlantic Avenue LLC May 04 Kings Elevation: Fall from scaffold ended career, carpenter Christopher J. Gorayeb, New York, NY of Gorayeb & Associates, P.C. $5,390,101 S. Joseph Donahue & Jeffrey A. Block, New York, NY of Block, O'Toole & Murphy LLP $5,000,000 Figueroa v. HLM Electric Ltd. May 30 Queens Retaining wall not shored prior to excavation, worker Souren A. Israelyan, New York, NY of Law Offices of Souren A. Israelyan $3,111,020 Mondone v. Lane May 01 Nassau Elevation: Stairway's collapse caused fracture of worker's ankle Mark R. Bernstein, Mineola, NY of The Sanders Firm $2,650,000 Rafeek v. 415 Greenwich Fee Owner, LLC May 09 New York Elevation: Worker ladder accident caused career-ending injuries David H. Perecman & Michael Caliguiri, New York, NY of The Perecman Firm $2,535,000 Raggie v. CVP 1, LLC. Jun 22 Kings Elevation: Bricklayer scaffold accident ended career Ronald W. Gill, Brooklyn, NY of Fortunato & Fortunato, PLLC $2,000,000 Rossi v. Shults Estate, LLC Dec 19 Erie Plaintiff's fall during equipment installation led to injuries Edward L. Smith & Marc C. Panepinto, Buffalo, NY of Cantor, Lukasik, Dolce & Panepinto, P.C. $1,208,000 Marquez v. 85th Street Builders, LLC Feb 03 New York Elevation: Work site's unguarded hole a hazard, Daniel J. Hansen, New York, NY of Daniel Hansen, Esq.; Harvey Weitz, New York, NY of Weitz & Associates; $1,055,000 Pinto v Doris Street LLC Jul 06 Bronx Construction laborer he slipped and fell on mud Gregory S. Gastman, New York, NY of Gorayeb & Associates, P.C. $700,000 Ganessingh v. 250 Flatbush Ave. Corp Augl 31 Bronx Plaintiff fell from a makeshift scaffold comprised of 2 A-frame ladders and a single plank of wood while performing construction, demolition work. Grinberg v. C & L Contracting Corp. Jun 11 New York Work site's hazards obscured by snow, inspector Matthew Salimbene, New York, NY of Burns & Harris $225,000 Adam M. Hurwitz, New York, NY of The Perecman Firm, PLLC $129,527 Workplace Safety Kupka v. CSX Transportation, Inc Oct 26 Erie Heavy lifting led to multiple injuries, rail worker John F. Collins & Brian G. Reddy, Buffalo, NY of Collins & Collins, P.C. $1,288,465 Rosario v. Montalvo & Son Auto Repair Center, Ltd Feb 29 Kings Auto-shop accident tip of plaintiff's finger Adam D. White, New York, NY of the Law Offices of Adam D. White $183,000 Rodriguez v. Akam Associates Inc. Jul 24 Bronx Furniture mover's finger crushed by closing door David J. DeToffol, New York, NY of David J. DeToffol $100, VerdictSearch s Top New York Verdicts of 2012

27 NAM CHOSEN AS THE # 1 ADR FIRM SECOND YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY NAM Congratulates Labor Law Mediator Robert Adams, Esq. Voted one of the Top Ten Best Individual Mediators in New York State for two consecutive years by the New York Law Journal Rankings Survey A SAMPLING OF M EDIATED S ETTL EMENTS DATE AMOUNT DATE AMOUNT DATE AMOUNT 1/13/2012 1,950,000 4/30/2012 3,300,000 9/10/2012 4,000,000 1/19/2012 5,700,000 5/7/2012 1,800,000 9/12/2012 2,500,000 1/25/2012 1,800,000 5/10/2012 2,700,000 9/21/2012 1,500,000 Robert Adams, Esq. Former Senior V.P. Risk Management, Tishman Construction Corp. 2/7/2012 2,900,000 2/21/2012 5,700,000 2/21/2012 4,150,000 2/27/2012 1,800,000 5/16/2012 4,250,000 5/17/2012 4,250,000 5/21/2012 1,500,000 5/31/2012 2,500,000 10/1/2012 1,725,000 10/1/2012 2,800,000 10/9/2012 1,700,000 10/10/2012 2,850,000 Specialties Include: Labor Law, Construction, Insurance Coverage, Sports Law, Entertainment, International 3/14/2012 1,800,000 3/15/2012 1,750,000 3/20/2012 3,300,000 3/27/2012 2,500,000 6/15/2012 2,700,000 7/16/2012 2,350,000 7/19/2012 2,800,000 7/24/2012 2,350,000 10/11/2012 1,750,000 10/23/2012 2,850,000 11/27/2012 2,800,000 1/3/2013 2,400,000 4/3/2012 1,500,000 8/2/2012 2,000,000 1/9/2013 1,900,000 4/4/2012 4,150,000 8/2/2012 2,500,000 2/7/2013 3,000,000 4/9/2012 2,950,000 8/6/2012 1,700,000 2/15/2013 2,110,000 4/12/2012 1,500,000 8/9/2012 2,000,000 3/21/2013 4,300,000 4/16/2012 3,300,000 8/22/2012 3,750,000 3/28/2013 1,550,000 The Better Solution 122 East 42nd Street, Suite 803, New York, New York Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800)

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29 TOP 2012 NEW YORK VERDICTS BY CATEGORY Contracts Contracts

30 2012 TOP VERDICTS NY Insurance Sieger v. Zak Sep 24 Nassau Breach of Warranty: Company's value understated in stock deal, pair Kevin Schlosser, Garden City, NY of Meyer, Suozzi, English & Klein P.C. $7,200,000 Sarkis v. Staten Island University Hospital Jan 18 Richmond Civil Lease: Landlord, tenant sparred over alterations of medical office Steven T. Sledzik & Michael K. Stanton, Jr., Scarsdale, NY of Jones, LLP $818,361 Frett v. Segal, Goodman & Goodman, LLP Jul 25 Kings LLC's principal misused funds, didn't pay mortgage, suit alleged A. Camila Popin, Forest Hills, NY of Law Office of A. Camila Popin $230,000 Kantor v. 75 Worth Street, LLC May 17 New York Landlord reneged on deal to guarantee loan, tenant Eric W. Berry, New York, NY of Eric W. Berry Law Office PC $225,127 Robinson v. Plaro Estates Inc. Mar 21 Rockland Corporations: Company's partners quarreled regarding value of shares Peter N. Freiberg, White Plains, NY of Meiselman, Denlea & Carton LLP $169,000 Eisenberger v. Blisko Mar 05 New York Attorney Fees: Attorney sues client in fee dispute Sheldon Eisenberger, New York, NY of Law Offices of Sheldon Eisenberger $83,776 Durant v. Tomasichio Jul 16 New York Client reneged on fee agreement, attorney Morton Alpert, New York, NY of Alpert & Kaufman, L.L.P. $28,325 Hall v. Action Construction Corp. Apr 04 Kings Construction Defects: Contractor's work didn't meet code, homeowner Richard Becker, New York, NY of Richard Becker, Esq. $20,000 Krauss v. Gmerek Jul 24 Erie Home's sellers concealed defects, buyer Christopher D. Galasso, Williamsville, NY $14,000 NEW JERSEY LAW JOURNAL LIBRARY OF BOOKS State-specific deskbooks, treatises, and forms books in print, online, and on CD written by veteran experts in their fields. Field client questions. Leverage and focus your research. Go to and click on the Books tab for more information. Or call New Jersey Law Journal 30 VerdictSearch s Top New York Verdicts of 2012

31 TOP 2012 NEW YORK VERDICTS BY CATEGORY Intentional Torts Intentional Torts

32 2012 TOP VERDICTS NY Intentional Torts Liberty Media Corp. v. Vivendi Universal S.A. Jun 25 U.S. District Court, SDNY Fraud: Company's deception marred swap of stock, plaintiffs Michael L. Calhoon, R. Stan Mortenson & Alexandra Walsh, Washington, DC of Baker Botts, LLP $956,556,000 Bliss v. Rowland Jan 03 Monroe Assault and Battery: Nightlife altercation ended with student paralyzed Michael R. Law, Rochester, NY of Phillips Lytle LLP $45,527,435 Kane v. Galtieri Feb 15 Richmond Intentional Torts : Man killed ex-wife to regain pension benefits, suit alleged Warren F. van den Houten & Matthew Pavis, Staten Island, NY of Warren van den Houten, Esq.; Inga Van Eysden, New York, NY of Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel $31,736,043 Calano v. McCabe Jan 25 Richmond Assault: Alcohol fueled brawl at restaurant, George F. Sacco, Staten Island, NY of Purcell & Ingrao, P.C. $8,250,400 Cardoza v. City of New York Apr 06 Bronx False Arrest: Arrestee police officers were needlessly rough Seth A. Harris & Christopher J. Donadio, New York, NY of Burns & Harris $4,000,000 Taveras v. American Transit Ins Co Feb 07 Kings Insurance: Bad Faith: Insurer left client liable for millions, suit alleged Jeffrey A. Block & Robyn Brazzil, New York, NY of Block, O'Toole & Murphy, LLP $3,730,617 Bonano v. City of New York Jun 06 Bronx Government Misconduct: Motorcyclist he crashed after policeman leaped at him Candice A. Pluchino, Bronx, NY of trial counsel, The Law Offices of Francis M. DeCaro $1,673,125 Stathis v. Bloom Mar 16 Orange Conversion: Plaintiff partner reneged on land-development deal Richard Mahon, Newburgh, NY of Tarshis, Catania, Liberth, Mahon & Milligram, PLLC $1,387,500 Allam v. Meyers Apr 19 U.S. District Court, SDNY Assault and Battery: Woman controlling mate hit and humiliated her Daniel Shimko, Brooklyn, NY of The Berkman Law Office, LLC $500,000 Offei v. Omar May 18 U.S. District Court, SDNY Sexual Assault: Hotel's maid guest assaulted her John P. Grill, White Plains, NY of O'Connor Redd L.L.P. $350,000 Watford v. Deonarinesingh Jul 19 Kings False Arrest: Aunt, nephew no basis for arrests, years of prosecution Seth A. Harris & Christopher J. Donadio, New York, NY of Burns & Harris $330,000 Jerome v. Unitransfer New York Inc. Feb 06 Kings Government Misconduct: Angry customer fabricated kidnapping claim, teller contended Konstantin Burshteyn, White Plains, NY of Law Offices of Jacob Rabinowitz $300,000 Abdelzaher v. Sallustio Jun 26 Kings Assault and Battery: Cabbie dispute over fare led to attack Joseph Deliso, Brooklyn, NY of Joseph Deliso & Associates $200,000 Maharaj v. LaRoche May 30 Kings Defamation: Plaintiff smear campaign led to loss of her job Adrian A. Ellis, Brooklyn, NY of Law firm of Adrian A. Ellis $172,392 McClean v. Campbell Mar 13 Queens Conversion: Attorney kept profits from home's sale, seller Jonathan A. Fink & Phillip Katz, New York, NY of Fink & Katz, PLLC $15, VerdictSearch s Top New York Verdicts of 2012

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35 TOP 2012 NEW YORK VERDICTS BY CATEGORY Medical Medical Malpractice Medical Malpractice: Failure to Detect, Treat, or Diagnose Medical Malpractice: Surgery Nursing & Group Homes

36 2012 TOP VERDICTS NY Medical Malpractice Mandel v. Brookler May 31 New York Hagins v. Miller Oct 03 Westchester Misdiagnosis: Ignored infection traveled to pituitary gland, patient Negligent Treatment: Dentists broke jaw, damaged nerve, patient alleged Estate of Benoit v. Interfaith Medical Center Jul 20 Kings Misdiagnosis: Wrong diagnosis led to fatal surgery, suit alleged Ramlochan v. Sweet P Home Care Inc. Nov 30 Queens Negligent Treatment: Nurse botched resuscitation of choking child, estate alleged Perri v. Herzog Jun 08 Kings Childbirth: Doc's traction damaged infant's shoulder, mother Suarez v. Greenberg May 01 Bronx Medical Malpractice: Plaintiff alleged permanent left femoral neuropathy after catheterization Spiridon v. Rivadeneira May 25 Suffolk Medical Malpractice: Plaintiff alleged permanent damage to abdominal wall Martinez v. Bronx-Lebanon Hospital Center Apr 27 Bronx Post-Operative Care: Convalescent patient's ulcers were preventable, suit alleged Pepper v. NYU Hospitals Center Oct 02 New York Misdiagnosis: Hospital's mix-up led to false diagnosis of cancer Howard G. Frederick, New York, NY of Silbowitz Garafola Silbowitz Schatz $8,600,000 & Frederick, L.L.P. Christopher B. Meagher & Merryl F. Weiner, White Plains, NY of $7,663,260 Meagher &, P.C. John Bonina, Brooklyn, NY of Bonina & Bonina, P.C. $7,000,000 Robert F. Danzi & Christine Coscia, Westbury, NY of Law Office of Robert F. $4,500,000 Danzi Michael B. Ronemus, New York, NY of Ronemus & Vilensky $3,500,000 John S. Kanzler, Jericho, NY of Finz & Finz P.C. $2,000,000 Pasquale V. Vairo, New York, NY of Godosky & Gentile P.C. $1,000,000 Robert R. Arena, Astoria, NY of Astoria, NY, of counsel, Pontisakos & Rossi, $330,000 P.C., Garden City, NY Denise M. Dunleavy, New York, NY of Kramer & Dunleavy, LLP $46,666 Medical Malpractice: Failure to Detect, Treat, or Diagnose Sohl v. Bassett Healthcare Network Oct 01 Otsego Failure to Detect: Three doctors overlooked myocardial infarction, suit alleged Martin v. New York City Health and Hospitals Corp. May 25 Bronx Delayed Treatment: Unchecked allergic reaction led to quadriplegia, suit alleged Charlene S. Fallon, James D. Linnan, Albany, NY of Linnan & Fallon, LLP $144,690,039 Thomas A. Moore, New York, NY of Kramer, Dillof, Livingston & Moore $121,000, West 43rd Street, Suite 711, New York, New York Toll Free: 800-LAW-3369 Local: Fax: Website: Silbowitz, Garafola, Silbowitz, Schatz & Frederick is a committed group of highly effective and skilled personal injury attorneys with decades of experience prosecuting personal injury lawsuits. Our firm is experienced at recovering multi-million dollar awards and we strive to provide the highest quality legal representation to seriously injured victims and the families of those whose loved ones have been wrongfully killed due to the negligence of others. We are honored that our partner Howard G. Frederick has been featured by this publication as having the #1 ranked Medical Malpractice verdict in New York State, as well as the #1 Motor Vehicle: Passenger verdict in New York in Many of his and the firm s results have also been featured in the New York Law Journal, the New York Daily News, the New York Post, the Wall Street Journal, the Stanford Advocate, the New Jersey Herald, MSNBC, Newsday, the Poughkeepsie Journal, the Washington Post and have been broadcasted on NBC News New York, Eyewitness News New York and WABC News New York, New York 1 and Fox News New York. Howard G. Frederick Howard R. Schatz We welcome the opportunity to work with lawyers as part of our very generous referral program, and we are also available to work as trial counsel on trial ready cases. Mitchell Silbowitz 36 VerdictSearch s Top New York Verdicts of 2012

37 Stuart L. Finz Senior Trial Attorney and CEO Stuart L. Finz earned his reputation as a top trial attorney by having scored record multi-million dollar verdicts and settlements. He has received coveted membership in the prestigious Super Lawyer, and the Multi-Million Dollar Advocates Forum. Under his leadership, the firm continues to stand-out in the field of medical legal litigation. Mr. Finz has successfully represented clients in New York State and Nationally in cases involving Medical Malpractice, Products Liability, Unsafe Drugs, Defective Medical Devices, and General Negligence. Most recently, Mr. Finz added to his winning record, that included the largest truck accident settlement in New York State and a record settlement against a drug manufacturer, by obtaining multi-million results in Construction, Automobile and Medical Malpractice cases. Mr. Finz is renowned for his extreme preparation and extraordinary courtroom skills. He employs the latest presentation technology at trials and mediations and has a proven record of results. Total dedication to his clients and forwarding attorneys, all join together in setting forth a proven winning formula. Judge Leonard L. Finz Founder of the firm Honorable Leonard L. Finz is a former NYS Court Justice, rated by his peers as one of America s Preeminent Trial Lawyers, and a master trial advocate in the courtroom (having scored record multi-million dollars verdicts and settlements). A former professor of law, he has also served on the faculty of the National Judicial College where he has taught judges in 50 states on Medical Malpractice, and issues of Trial Procedure. He is a prolific author of hundreds of articles and opinions published in leading national journals and official reports. His name has appeared prominently in news articles published in the NY Times; Wall Street Journal; Washington Post; Scripps; Newsweek; British Medical Journal; and NY Law Journal. He has been featured in countless seminars on such subjects as Trial Techniques, Medical Malpractice, Winning the Million Dollar Verdict, and many more. Leonard L. Finz, a former U.S. Army officer (Pacific Theater), was officially decorated by the Secretary of the Army for his distinguished and meritorious service and outstanding contribution to military justice. The Finz Firm is AV rated by Martindale-Hubbell, has won well over a half Billion Dollars in verdicts and settlements, and serves clients and forwarding attorneys throughout New York State and Nationally in all matters of significant Personal Injury, Medical Malpractice, Toxic Exposure, Defective Products, Unsafe Drugs, and Construction Accidents. The firm has principal offices located in its own high-tech building in Mineola, New York in addition to offices in Manhattan with affiliate offices throughout the country. A Sampling of Multi-Million Dollar verdicts and settlements by Stuart L. Finz, Leonard L. Finz and the Finz Firm Settlement - $24,500, Record truck accident settlement Verdict - $22,575, Negligence resulting in wrongful death and negligent infliction of emotional distress Verdict - $20,520, Smoker against big tobacco Verdict - $9,000, Slip and fall after Con Edison shutdown power to apartment building Settlement - $8,000, Brain damage caused by defective Tube slide designed by New York State Settlement - $6,500, Defective drug caused birth injury Settlement - $6,000, Lead paint caused autism and brain damage Settlement - $5,200, Medical Malpractice resulted in brain damaged infant Verdict - $5,042, Product liability against chemical company for failure to warn resulting in burns Verdict - $5,000, Medical Malpractice resulted in brain damage Verdict - $5,000, Bus company negligence resulted in wrongful death Settlement - $5,000, Failure to secure railroad fence resulted in leg amputation Settlement - $5,000, Broadway stagehand fell causing quadriplegia Settlement - $4,800, Construction worker killed in water tunnel Settlement - $4,700, Shopper hit by box resulted in Reflex Sympathetic Dystrophy (RSD) Settlement - $4,600, Medical Malpractice in prescribing contraindicated medicine caused brain damage Settlement - $4,600, Bicyclist fell on defective roadway and sustained brain injury Verdict - $4,600, Medical Malpractice resulted in cardiac arrest Settlement - $4,500, Medical Malpractice resulted in cerebral bleed Settlement - $4,200, Medical Malpractice resulted in stroke to mother during child birth Settlement - $3,500, Medical Malpractice resulted in contraction of chickenpox causing brain damage Settlement - $3,500, Automobile accident resulted in neurological injuries Settlement - $3,350, Medical Malpractice for failure to inform mother that child had deformity in utero which deprived her of opportunity to abort Settlement - $3,200, Medical Malpractice in replacement of heart valve causing brain damage Settlement - $3,200, Automobile accident resulted in brain injury Verdict - $3,000, Product liability against helmet manufacturer for failure of helmet to protect against head injury Verdict - $3,000, Medical Malpractice for failure to diagnose a cerebral aneurysm Settlement - $2,875, Negligence of landlord in failing to shut down boiler resulting in worker sustaining burns and death Settlement - $2,750, Product liability against manufacturer of an aerosol can that caught fire resulting in burns Settlement - $2,600, Construction worker injured when struck in the head by an excavator operated by a co-worker Settlement - $2,500, Construction worker sustained herniated disc requiring surgery when an object fell from a height Settlement - $2,500, Train struck an automobile at a railroad crossing causing death of car operator Settlement - $2,400, Product liability against a food supplement manufacturer whose product caused lupus Settlement - $2,400, Medical Malpractice for misreading a mammogram resulting in advancement of breast cancer Settlement - $2,375, Medical Malpractice for failure to use a heart monitor resulting in death Verdict - $2,350, Medical Malpractice for implantation of a diseased heart resulting in death Settlement - $2,300, Products liability against a drug manufacturer for a drug that caused cancer Settlement - $2,225, Medical Malpractice for misreading a CT resulting in a misdiagnosis Settlement - $2,010, Medical Malpractice for prescribing an aggressive liquid diet causing death Verdict - $2,000, Medical Malpractice caused femoral nerve damage resulting in neuropathy Verdict - $2,000, Automobile accident resulting in a leg fracture Settlement - $2,000, Automobile accident causing death Settlement - $2,000, Product liability against manufacturer of vaporizer that caught fire and killed an infant Settlement - $2,000, Settlement against a hospital that failed to treat severe preeclampsia and HELLP Syndrome which resulted in death

38 2012 TOP VERDICTS NY Medical Malpractice: Failure to Detect, Treat, or Diagnose Debes v. St. Vincent's Medical Center-Staten Island Aug 24 Richmond Failure to Detect: Docs didn't recognize pregnant woman's contractions, suit alleged Tesoriero v. Fisher Feb 07 Suffolk Failure to Test: Radiologist misdiagnosed cancerous tumor, plaintiff alleged Raimondi v. Behar Oct 12 Nassau Failure to diagnose and treat hydrocephalu in married 22 year old mother of two proved fatal Estate of McKenzie v. Rao Feb 15 Rockland Bello v. New York Presbyterian Hospital/Columbia University Medical Center Hague v. Rothman Apr 10 Richmond Failure to Test: Doc overlooked aorta's fatal tear, suit alleged Jun 06 Queens Failure to Detect: Heart's disease not detected before transplant, estate alleged Failure to Treat: Doctors' forgetfulness led to patient's death, suit alleged Meehan v. Albany Medical Center Hospital Jan 19 Greene Failure to Detect: Hospital's staff didn't spot fatal emboli, suit alleged Richard J. Sgarlato, Staten Island, NY of Sgarlato & Sgarlato PLLC $103,075,618 Robert V. Fallarino, Lake Success, NY of Pegalis & Erickson, L.L.C. $15,000,000 James Duffy, New York, NY of Duffy & Duffy $6,000,000 Anthony DiPietro, New York, NY of The Law Office of Anthony T. DiPietro, $3,446,000 P.C., New York, NY, of counsel, Fink & Platz, Garden City, NY John S. Kanzler, Mineola, NY of Finz & Finz, P.C. $2,350,000 Edward T. Cooper, New York, NY of Torgan, Cooper & Aaron, P.C. $1,500,000 James D. Linnan, Albany, NY of Linnan & Fallon LLP $1,350,000 Scarpati v. Kim May 31 Richmond Failure to Test: Hospital's staff didn't spot patient's cancer, suit alleged Ronald C. Burke, New York, NY of Kelner & Kelner $1,000,000 Peters v. Montefiore Medical Center Aug 17 Bronx Failure to Monitor: Infant injured by catheter's leak, mother Johnston v. Savino Aug 03 Suffolk Failure to Test: Doc didn't recognize symptoms of cancer, patient alleged Rory M. Shectman, New York, NY of Law Offices of Kenneth A. Wilhelm $800,000 Richard H. Abend, New York, NY of Abend & Silber, PLLC $800,000 Vaughan v. Somersel Jun 29 Bronx Failure to Test: Wrong medication advanced infection, patient Kwarma Vanderpuye, New York, NY of of counsel, Paul B. Weitz and Associates, NY, of counsel, The Cochran Firm $776,000 Pierrelouis v. Bekritsky Jun 28 U.S. District Court, SDNY Failure to Communicate: Hospital didn't disclose test's troublesome results, suit alleged Alan S. Ripka, New York, NY of Napoli Bern Ripka, LLP $750, VerdictSearch s Top New York Verdicts of 2012

39 1444 Clove Road Staten Island, NY On August 24, 2012 The Highest Verdict in the History of the Staten Island Court System $103 MILLION* Was obtained by the Law Firm of Sgarlato & Sgarlato, PLLC Available to the Profession for Case Referrals and Trials. State and Federal Courts Clove Road *Prior results do not guarantee a similar outcome. Results depend upon a variety factors unique to each representation.

40 2012 TOP VERDICTS NY Medical Malpractice: Failure to Detect, Treat, or Diagnose Butterfield v. Caputo Feb 20 Onondaga Failure to Communicate: Postsurgical lapses led to coma, more surgery, plaintiff alleged Charles L. Falgiatano, Syracuse, NY of DeFrancisco & Falgiatano Law Firm $624,309 Moskowitz v. Katz Apr 27 New York Failure to Detect: Doc's oversight led to failure of leg's reconstruction, suit alleged Brian M. Brown, New York, NY of Zaremba Brownell & Brown, PLLC $575,000 Abbatantuono v. Boolbol Mar 27 Richmond Failure to Communicate: Doc's silence allowed cancer's spread, patient Victoria Wickman, New York, NY of Law Office of Victoria Wickman $500,000 Zelada v. Singh Feb 03 Nassau Failure to Test: Doctor overlooked appendicitis, Martha Gold & Robert J. Bellinson, New York, NY of New York, NY, of counsel, The Law Office of Martha Gold $150,000 Cullens v. Harris Jul 02 Suffolk Failure to Diagnose: Undiagnosed cancer led to myocardial infarction, suit alleged Steven Tannenbaum, Lake Success, NY of Horowitz, Tannenbaum & Silver P.C. $150,000 Medical Malpractice: Surgery Jupiter v. United States of America Dec 20 U.S. District Surgical Error: Surgeon's unneeded cut Steven E. North, New York, NY of Steven E. North, P.C.; Laurence M. $5,900,000 Court, EDNY had fatal result, suit alleged Deutsch, New York, NY of Laurence M. Deutsch Law Firm, P.C. Drummond v. Lutheran Medical Center Dec 04 Bronx Unnecessary Procedure: Unneeded surgery led to rupture of spine, patient Anthony P. Gentile, New York, NY of Godosky & Gentile, P.C. $4,200,000 CHARLES FALGIATANO, ESQ. DeFrancisco & Falgiatano Law Firm 121 East Water Street Syracuse, New York Please visit website for results. BUTTERFIELD V. JAMES R. CAPUTO, MD AND CROUSE HOSPITAL $2,364, As a result of a GYN surgery, woman suffers bowel perforation that is undiagnosed and un-treated for many hours. Charles Falgiatano, Esq, Syracuse, New York of DeFrancisco & Falgiatano Law Firm 1/20/12 The DeFrancisco & Falgiatano Law Firm specializes in representing people who are seriously injured. We have extensive experience in handling a broad range of personal injury cases including medical malpractice, injuries resulting from automobile accidents, construction falls, spinal cord injuries, birth injuries, brain injuries, defective products, and wrongful death matters. Please see our website for results and testimonials. Feel free to contact us at any time to discuss potential cases. SERVING THE LEGAL COMMUNITY SINCE 1980 For over thirty years, Diamond has been providing litigation support services to the legal community, giving us a proven track record and a reputation of being dependable, trustworthy, and honest. When you need us - Where you need us Court Reporters Interpreters Last-Minute Coverage Video Depositions Video Conferencing Skype Realtime Rough Draft Repository Courtroom Presentations Deposition Centers: Brooklyn Queens Manhattan Bronx Staten Island Mineola Melville White Plains Englewood Cliffs, NJ Mt. Laurel, NJ [email protected] Call Today to Join The Diamond Vault Certified Woman-Owned Business Enterprise (WBE) 40 VerdictSearch s Top New York Verdicts of 2012

41 LITIGATION MARKETPLACE CERTIFIED PUBLIC ACCOUNTANTS - FINANCIAL CONSULTANTS Law Firm Accounting, Tax Planning & Consulting Forensic Accounting/Expert Testimony Business, Professional Practice & License Valuations Embezzlement & Fraud Audits Firm Governance & Profit Improvement Marital Disputes/Enhanced Earnings Capacity Business Loss/Damage Analysis Personal Injury, Wrongful Death or Termination Our Law Firm Services Group was established to help attorneys compete successfully in today s challenging legal environment. We know that profitability is a key element in your business plan and can provide a broad spectrum of efficient and affordable solutions designed to give you a competitive advantage. Isn t it time you made Israeloff, Trattner & Co. part of your team? Offices in Manhattan and Garden City Visit us on the web at Los Angeles 5777 W. Century Blvd. Suite 1415 Los Angeles, CA Tel San Francisco 555 Montgomery Street Suite 601 San Francisco, CA Tel New York 80 Maiden Lane Suite 202 New York, NY Tel Contact: Elena Perrotta Director of Marketing & Business Development Tel [email protected] On The Record (OTR) is a full service trial presentation and litigation support firm. We provide fully integrated evidence presentation systems at trials as well as other dispute resolution proceedings. For over 17 years, On The Record has assisted attorneys worldwide in delivering powerful, persuasive and effective trial presentations. We incorporate documents, photographs, graphics, video, animation and other exhibits into a clear and convincing computer-based courtroom presentation. We provide: Trial Presentation Consultants Graphics Consultants 2D & 3D Graphics & Animation Los Angeles San Francisco New York The Trial Presentation Professionals Multimedia Presentations Experienced Hot-Seat Trial Techs On-site Trial Support Equipment Rental Video Services (editing, depositions, mock trials, tutorials, day-in-the-life) Our trial consultant-technicians are experienced in high stakes civil litigation and easily integrate into the trial team. We understand the demands of large complex litigation and conform to the varying styles of the numerous litigators. We set up our own tested and proven equipment in court and run the evidence presentation system if you desire. Our company-wide resume includes work on over 1500 cases. From the conference room to the war room to the courtroom, OTR provides customized presentation support services and equipment configurations for any litigation communications challenge and venue West 38th Street 5th floor New York NY SiteLogic is a fully-integrated provider of litigation support and discovery services. SiteLogic was founded by experienced litigators in 2002 in order to master available technologies to more efficiently serve the needs of attorneys engaged in complex commercial litigation. Today, SiteLogic combines years of legal industry experience and technological expertise with state-of-the-art tools in order to deliver turnkey, world-class discovery and litigation support solutions to law firms and in-house counsel alike. SiteLogic s EmpiriQ ediscovery team has combined expert engineers with advanced technologies to handle each specific job in the most efficient and effective way possible. The EmpirIQ group strives for excellence in process, people and performance. Our discovery experts continually receive in-depth training on the latest techniques and technologies, as well as continuous legal training to better understand jurisdictional differences that affect the rules and process of discovery. We also abide by a code of ethics and integrity that has helped establish trust with our clients, competitors, and the courts. Grassi & Co. provides expert witness, damage assessment and litigation support services to the nation s top law firms, insurance agencies, government entities, non-profits and numerous private and public businesses. Our team consists of financial economists, taxation and IRS experts as well as statisticians with extensive experience in scientific, sampling and econometric methods who hold the following credentials: Doctor of Philosophy in Finance and Economics (Ph.D.) ASA Certified Valuation Experts Certified Public Accountant (CPA) with GAAP and GAAS expertise Certified Fraud Examiner (CFE) Certified Construction Industry Financial Professional (CCIFP) Juris Doctor (JD) Masters in Taxation (MS) Our experts will work diligently to meet and exceed your needs resulting in increased likelihood of successful case outcome, better information for improving settlement outcomes, improved cost efficiency and flexibility of expert witness services, and attorney client privilege for non-testifying consulting For over three decades, our professionals have served clients in virtually every industry. We perform economic analysis services for clients ranging in size from substantial familyowned businesses and professional practices to Fortune 100 corporations and international professional service firms. Grassi & Co. performs analysis related to: Valuation of closely-held businesses for estates Calculation of discounts for minority interests and lack of control Purchase price allocation Tests of impairment of intangible assets under ASC 350 Fraud Investigation & Forensic Audits Business Loss/Damage Analysis 488 Madison Avenue, New York, NY Jericho Quadrangle, Jericho, NY

42 Medical Malpractice: Surgery Punturieri v. Marciano Oct 04 Nassau Unnecessary Procedure: Doc overlooked David S. Pollack, Uniondale, NY of Duffy & Duffy $1,500,000 fatal tear of boy's esophagus, suit alleged Flores v. Makower Jan 12 Kings Surgical Error: Podiatric surgery worsened foot, patient Christopher J. Donadio, New York, NY of Burns & Harris $1,225,000 Guyette v. Grafstein Feb 10 Franklin Surgical Error: Prostate's removal led to permanent colostomy Thomas A. Grue & Joseph P. Nichols, Malone, NY of Poissant, Nichols, Grue & Vanier, PC $919,277 Siddiqua v. Anarella Mar 16 Queens Surgical Error: Botched bunionectomy caused deformity, Jonah Grossman, Jamaica, NY of Jonah Grossman, Esq. $823,920 Jenny v. Ozuner Aug 21 Rockland Surgical Error: Surgeon's slip caused injury of ureter, patient Jonathan C. Reiter, New York, NY of Law Firm of Jonathan C. Reiter $774,021 Schonger v. Kredentser Dec 14 Ulster Surgical Error: Robotic surgery's risks not disclosed, patient alleged Jeff Brody, Kingston, NY of Jeff Brody Injury Law $300,000 Torres v. Cho Feb 16 New York Wrong Procedure: Sinus surgery resulted in double vision, Edward J. Sanocki, New York, NY of Sanocki, Newman & Turret, L.L.P. $75,000 Nursing & Group Homes Behringer v. United Cerebral Palsey Association Dec 18 Erie Group home's resident mocked, mistreated, Terrence M. Connors & Joseph D. Morath, Jr., Buffalo, NY of Connors & $11,100,000 of Niagara County Inc suit alleged Vilardo LLP New York s #1 INVESTIGATION FIRM 2 YEARS IN A ROW! Serving the tri-state area for over 30 years! P M Investigations Trial Preparation Process Service Signed Statements Locates Surveillance New Case Sign-up ANY INVESTIGATION YOU NEED WE CAN HANDLE IT! Call now and see why we were voted the #1 INVESTIGATION FIRM in New York! Ask for Ross Mallor. He ll take great care of you! 42 VerdictSearch s Top New York Verdicts of 2012

43 NAM CHOSEN AS THE # 1 ADR FIRM SECOND YEAR IN A ROW IN NEW YORK LAW JOURNAL RANKINGS SURVEY NAM Congratulates Medical Malpractice Mediator Kenneth Grundstein, Esq. Voted one of the Top Ten Best Individual Mediators in New York State for three consecutive years by the New York Law Journal Rankings Survey A SAMPLING OF M EDIATED S ETTL EMENTS DATE AMOUNT DATE AMOUNT DATE AMOUNT 1/11/2012 3,900,000 6/26/2012 2,850,000 11/19/2012 5,350,000 2/1/ ,900,000 7/2/ ,500,000 12/13/2012 2,900,000 Kenneth Grundstein, Esq. Former NYC Chief Settlement Negotiator 2/13/2012 2,715,000 2/22/2012 3,250,000 2/28/2012 3,750,000 7/11/2012 5,900,000 7/16/2012 5,900,000 8/2/2012 2,800,000 12/13/2012 2,900,000 12/17/2012 2,750,000 12/18/2012 2,800,000 Specialties Include: Medical Malpractice, Labor Law, Catastrophic Injury, Products Liability, Property Damage 3/20/2012 5,500,000 3/30/2012 2,700,000 4/16/2012 3,400,000 8/10/2012 2,250,000 9/14/2012 2,933,333 9/28/ ,500,000 12/27/2012 3,000,000 1/16/2013 5,600,000 1/16/2013 2,500,000 5/4/2012 4,400,000 10/1/2012 2,925,000 2/6/2013 2,600,000 5/15/2012 4,250,000 10/2/ ,000,000 2/8/2013 6,500,000 5/31/2012 2,500,000 10/3/2012 4,700,000 2/15/2013 2,800,000 6/14/2012 3,250,000 10/23/2012 3,400,000 3/6/2013 2,800,000 6/22/2012 3,300,000 11/6/2012 5,350,000 3/12/2013 2,925,000 6/26/2012 3,750,000 11/15/2012 2,925,000 3/21/2013 6,500,000 The Better Solution 122 East 42nd Street, Suite 803, New York, New York Additional Locations: Garden City, Brooklyn, Westchester and Buffalo (800)

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45 TOP 2012 NEW YORK VERDICTS BY CATEGORY Motor Vehicle Motor Vehicle Accident: Bicycle Motor Vehicle Accident: Head on Collision Motor Vehicle Accident: Intersection Motor Vehicle Accident: Lane Change Motor Vehicle Accident: Left Turn Motor Vehicle Accident: Motorcycle Motor Vehicle Accident: Negligent Operation Motor Vehicle Accident: No-Fault Motor Vehicle Accident: Passenger Motor Vehicle Accident: Pedestrian Motor Vehicle Accident: Rear End Collision Motor Vehicle Accident: Stop Sign Motor Vehicle Accident: Roadway Defects Motor Vehicle Accident: Public Transportation

46 2012 TOP VERDICTS NY Motor Vehicle Accident: Bicyclist Ioviero v. Hur May 04 Queens Bicyclist hit by car, broke shin and tore knee Christopher J. Albee, Staten Island, NY of Votto & Cassata LLP $750,000 Estate of Shamoon v. Soldaner Feb 09 Kings Motorist was moving too fast to see bicyclist, suit alleged Adam D. White, New York, NY of the Law Offices of Adam D. White $200,000 Collins v. Hossain Jan 26 Kings Bicyclist cabbie drove into him after argument Adam D. White, New York, NY of the Law Office of Adam D. White $41,250 Yun v. Rampersaud May 11 Queens Motorist crossed center line, caused crash, bicyclist Eric Weiss, Long Island City, NY of Jerlad Werlin $12,500 Motor Vehicle Accident: Head on Collision Tejada v. Fraker Feb 02 Sullivan Center Line: Car crash's parties each other crossed line Richard R. Mogg, Bronx, NY of Bronx, NY, trial counsel to Frekhtman & Associates, Brooklyn, NY $500,000 Mesler v. Verheyn May 23 Niagara Center Line: Motorist not mindful of icy conditions, Edward P. Perlman, Niagara Falls, NY of Berrigan, Perlman & Gabriele $42,000 Motor Vehicle Accident: Intersection Lawton v. Palmer Oct 18 Kings Car crash's parties disputed status of traffic signals Michael E. Glynn, New York, NY of Larry Hallock $400,000 Pierce v. Zanlunghi Sep 12 New York Car crash's parties disputed status of traffic signals David Green, New York, NY of Law Offices of Michael Goldberg, P.C. $350,000 Kevin v. Winston Mar 12 Kings Vehicular accident's parties each right of way David E. Thomas, New York, NY of trial counsel to Harmon, Linder & Rogowsky $200,000 Beatman v. Margaglio Aug 02 Chautauqua Car crash's parties disputed status of traffic signals Dalton J. Burgett, Jamestown, NY of Burgett & Robbins $175,904 Paravizzini v. Allstate Insurance Co. Feb 10 American Arbitration Association Motorist ignored red light, caused crash, claimant alleged Erik L. Gray, New York, NY of Weiss & Rosenbloom, P.C. $100,000 Reynoso v. Del Ponte Jul 24 Kings Car crash's parties contested points of impact, right of way Neil P. Flynn, Garden City, NY of Paul Ajlouny & Associates $50,000 Brown v. Kelly May 22 Suffolk County Broadside crash caused injury of neck, motorist Timothy Mazzei, Blue Point, NY of Mazzei & Blar, Esqs. $27,040 Ewers v. Theodore May 02 Kings Car crash's parties disputed status of traffic signals Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & Brown $11,900 Allen v. Lowczys Sep 13 Erie Car crash's parties disputed status of traffic signals John Elmore, Lancaster, NY of Brown Chiari L.L.P. $6, VerdictSearch s Top New York Verdicts of 2012

47 Congratulations to Jonathan Rice, Esq. of Grant & Longworth, Trial Attorney on One of the Top 15 Verdicts in New York State for Loja v. Lavelle - $11,192, Landscaper hit by car while unloading trailer, lost leg Motor Vehicle: Pedestrian 1/27/12 Westchester

48 2012 TOP VERDICTS NY Motor Vehicle Accident: Lane Change Ritzul v. Consumer Product Service Oct 25 Queens Expressway accident blamed on rig driver's loss of control Andrew M. Laskin & Lawrence T. Yablon, New York, NY of Robinson & Yablon, PC $950,000 Zayas v. Snyder Oct 16 Kings Car crash's parties debated who struck whom Jason A. Greenberg, Brooklyn, NY, trial counsel to Charles P. Gassler, Great Neck, NY of Gassler & O'Rourke, PC $907,500 Phelps v. City of New York Mar 13 Kings Policeman crossed line, caused car crash, suit alleged Steven J. Zaloudek, New York, NY of Paul B. Weitz & Associates PC $500,000 Moncion v. New York City Transit Authority Jun 21 New York Bus and van drivers traded blame for sideswipe collision Richard Ashman, New York, NY of Michelstein & Associates, PLLC $300,000 Jackson v. Butler Jul 02 Kings Motorist inattentive while leaving parking spot, Marius C. Wesser, New York, NY trial counsel to Mark Halberstam, Esq., Attorney at Law $300,000 Kim v. Kim Jun 01 Bronx Hasty driver didn't look before exiting parking space, suit alleged Eric Weiss, Long Island City, NY of Law Office of Jerald D. Werlin $60,000 Motor Vehicle Accident: Left Turn Grossman v. Mari Jun 06 New York Car crash led to seizures, OCD, plaintiff Thomas P. Giuffra, NY, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP; Adam D. Cahn, NY, NY of Sakkas, Cahn & Weiss, LLP $9,000,000 Abitable v. Choe May 18 Nassau Motorist's hasty turn caused crash, plaintiff Suber v. Geico Insurance Co. May 11 American Arbitration Association Motorist's hasty turn caused accident, claimant alleged Alvarado v. Cellers Jun 08 Kings Civil Defense: Motorist ignored red light, caused crash Flood v. Brechtel Oct 24 Erie Motorist's imprecise turn caused accident, suit alleged Bielecky v. Lee Sep 13 Queens Car crash's parties debated who was first to enter intersection Faiella v. Falcon Sep 28 Bronx Motorist's hasty turn caused accident, plaintiff Joel L. Levine, Mineola, NY of Levine and Wiss PLLC $317,500 Evan M. Foulke, Goshen, NY of Foulke Law Offices $227,581 Adam B. Feder, Brooklyn, NY of Feder & Rodney, PLLC $100,000 John B. Licata & Jeffrey B. Novak, Buffalo, NY of HoganWillig; J. Patrick Lennon, $95,000 Buffalo, NY of Rosenthal, Siegel, Muenkel, Kooshoian & Lennon, LLP Reza Rezvani, New York, NY of trial counsel to Greg Garber, Esq. $23,500 Philip M. Aglietti, Bronx, NY of Budin, Reisman, Kupferberg & Bernstein, LLP $22,000 Tyndale v. Guaigua Jul 18 Kings Car crash's parties disputed location of vehicles Jeffrey A. Aronsky, New York, NY of Jeffrey A. Aronsky, P.C. $20,000 Dennie v. Arrindell Apr 04 Kings Driver turned out of wrong lane, caused crash, Adam F. Raclaw, Bronx, NY of Hoberman & Trepp, P.C. $15,000 Motor Vehicle Accident: Motorcycle Sommer v. Pocono Transit Service Jul 18 New York Pappas v. Werner Enterprises Inc. Dec 18 U.S. District Court, SDNY Bus driver didn't yield before turning, motorcyclist Tailgating trucker caused accident, motorcyclist Joshua D. Gropper, New York, NY of Gropper Law Group, PLLC $2,490,000 Glenn P. Dolan, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C. $1,640,000 Pagan v. Tumminia May 04 Kings Late-to-work driver caused accident, motorcyclists Alexander v. Janniello Apr 24 Bronx Motorist's U-turn caused crash, motorcyclist John M. Porchia, III, West Islip, NY of Lite & Russell; Michael P. DeCarlo, $450,000 New York, NY of Connors & Connors; Michael DellaUniversita, Ronkonkoma, NY of Gruenberg Kelly Della Patrick Murphy, Bronx, NY trial counsel to Law Office of Michael T. Ridge $175,000 Perez v. Tawil Dec 19 Kings Motorcyclist hit by car, injuries of spine Justin M. Blitz, New York, NY of Schulman Blitz, LLP $120,000 Kim v. Kim Jun 01 Bronx Hasty driver didn't look before exiting parking space, suit alleged Eric Weiss, Long Island City, NY of Law Office of Jerald D. Werlin $60, VerdictSearch s Top New York Verdicts of 2012

49 HELPING THE INJURED. ONE PERSON AT A TIME For over 35 years, Rheingold, Valet, Rheingold, McCartney & Giuffra has dedicated itself to providing the best possible legal representation to our clients and the lawyers who refer their cases to us. This proud tradition continues, as evidenced by the string of recent successful verdicts and settlements that we have had in the fields of personal injury, medical malpractice, product liability and mass tort litigation. We are honored that for the 5th consecutive year, our partner Thomas P. Giuffra has been featured by this publication for having one of the highest verdicts in New York State in the past year. Tom obtained a $9 million verdict, which was the highest motor vehicle verdict in Terrence E. McCartney, another of our partners, obtained a verdict in excess of $4.3 million which was the second largest product liability verdict in New York State in a very complicated tire defect case against Dunlop Tire. In personal injury, medical malpractice and mass tort litigation, our firm retains its long-standing position among the nation s pre-eminent leaders the field. We welcome the opportunity to work with lawyers who have personal injury, medical malpractice or products liability cases they wish to refer and are also available to work as trial counsel on cases that have already been prepared. We are actively seeking mass tort cases involving the Da-Vinci Robot, metal-on-metal artificial hip implants, Fosamax femur fractures, transvaginal mesh, Mirena I.U.Ds and pancreatic cancer cases secondary to Byetta, Januvia and Victoza. Rheingold, Valet, Rheingold, McCartney & Giuffra LLP 113 East 37th Street New York, NY New York Law Office Toll-free Fax Us Se habla Español

50 2012 TOP VERDICTS NY Motor Vehicle Accident: Negligent Operation Abreu v. M & M Truck & Body Repair Inc. Mar 01 Bronx Speeding: Pedal-to-the-metal trucker Steven Michelstein & Richard Ashman, New York, NY of Michelstein & $21,980,000 toppled other truck, suit alleged Associates, PLLC; Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C.; Robert J. Genis, Bronx, NY of Sonin & Genis, Esqs. Wallace v. City of New York May 30 Bronx Tractor driver's U-turn caused crash, William Schwitzer, New York, NY of Dinkes & Schwitzer $11,600,000 Fugazy v. Town of Harrison, New York Apr 13 Westchester Speeding: Fireman driving too fast on way to fire, motorist Daniel A. Thomas, New York, NY of Law Offices of Daniel A. Thomas, P.C., New York, NY, trial counsel to Menz, Bonner, Komar & Koenigsberg, LLP, New York, NY Claudio v. Shiwamber Dec 20 Bronx Negligent operation Jeffrey A. Aronsky, New York, N.Y. of Jeffrfey A. Aronsky, P.C. $500,000 Frank v. Islam Nov 22 Bronx Negligent operation Jeffrey A. Aronsky, New York, N.Y. of Jeffrfey A. Aronsky, P.C. $275,000 Tunney v. Miranda Sep 11 Queens Tailgating motorist caused fatal crash, Michael G. Mehary, New York, NY of The Law Offices of Curtis, Vasile, P.C. $210,000 estate alleged Richards v. Austin Apr 02 Westchester Motorist backed out of driveway and Sheryl R. Menkes, New York, NY of Law Office of Sheryl Menkes $70,000 caused crash, suit alleged Rene v. Todaro Jan 27 Kings Car crash blamed on driver following too closely Michael Banuchis, Brooklyn, NY of Robert J. Renna, P.C. $40,000 Devall v. Chilton Apr 17 Saratoga Car crash caused permanent damage of ear, Timothy J. Horigan, Amsterdam, NY, trial counsel to Brian Lee, Esq., Saratoga Springs, NY $825,000 $22,500 Motor Vehicle Accident: No-Fault Blue v. Foresure Transport Inc. Apr 19 Kings Plaintiff fender bender caused injuries of spine, shoulder Weathers v. Rios Apr 17 Kings Car crash caused spinal injuries, plaintiff James J. McCrorie, New York, NY of Law Offices of James J. McCrorie, P.C. $3,250,000 John Avanzino, Brooklyn, NY of Avanzino & Moreno, P.C., Brooklyn, NY, trial counsel to Bruce S. Reznick, Brooklyn, NY of Bruce S. Reznick, P.C. $1,647, VerdictSearch s Top New York Verdicts of 2012

51 G G GURFEINDOUGLAS LLP Lawyers With An Edge EDGE Richard A. Gurfein, BE, JD Preston J. Douglas, BA, JD Elise Alpert, BSN, JD Amy O. Ngai, BA, JD With degrees in engineering, biology and nursing we are prepared to tackle the scientific and medical aspects of all cases with the knowledge and experience needed to successfully present our clients causes to a judge and jury. Our practice concentrates on people catastrophically injured in accidents, medical malpractice, product liability and mass tort actions for defective medical devices and drugs. We are pleased to again be selected to appear in the Top Verdicts Supplement. Our cases range from auto accidents and premises liability to medical malpractice, product liability and mass torts. We are currently accepting mass tort cases involving transvaginal mesh implants, DePuy hips, Pradaxa, Fosamax, Boniva and Mirena IUDs. Thanks again to our referring attorneys. We appreciate your continued business! GURFEIN DOUGLAS LLP 11 Park Place, New York, NY (212) [email protected]

52 2012 TOP VERDICTS NY Motor Vehicle Accident: No-Fault Tully v. Chase Mar 27 Oneida Car crash led to four spinal surgeries, Pena v. Kontner Feb 27 Queens Expressway accident caused spinal herniation, Croke v. Osburn Jan 31 Queens Traffic accident ended career, bus driver Chun v. Chakery Jun 20 Queens Driver's hasty turn resulted in injuries of four, suit alleged Ortiz v. NXK Corp May 25 Bronx Couple car crash caused knee injuries Ochiagha v. Montoya Mar 21 Bronx Civil Car accident caused injuries of spine, Melucci v. Varmette Mar 21 Warren Car crash caused disabling neck pain, Victor L. Mazzotti, Albany, NY of Martin, Harding & Mazzotti, L.L.P. $1,275,000 Stephen Z. Williamson, New York, NY of trial counsel, Elliot Ifraimoff & $1,263,000 Associates Jeffrey M. Blum, Flushing, NY of Mallilo & Grossman $1,235,023 David N. Sloan, Hicksville, NY of David N. Sloan, Esq. $600,000 Richard K. Hershman, New York, NY, of Richard K. Hershman P.L.L.C. $510,000 Anthony A. Ferrante, Mineola, NY of Levine and Wiss PLLC $500,000 William L. Nikas, Hudson Falls, NY of William L. Nikas, Esq. $500,000 Diaz v. Jachts Container Corp. May 31 Queens Car crash caused injuries of nose, spine, Joel Rubenstein, New York, NY of German Rubenstein LLP; Jordan D. Hecht, New York, NY of Hecht, Kleeger, Pintel & Damashek $500,000 Lana v. McIntosh May 23 Queens Vehicular accident caused spinal injuries, plaintiffs Michael B. Palillo, New York, NY of Michael B. Palillo, P.C. $400,000 O'Neill v. Garcia Aug 08 Westchester Hit-and-run accident caused spinal injuries, Gary M. Gash, White Plains, NY of Gash & Associates, P.C. $350,000 Kazantsev v. Metro Fuel Oil Corp. Feb 21 Bronx Car crash caused spinal injuries, dance instructor Paschke v. Collins May 23 Erie Car crash caused injuries of spine, shoulder, Smiley v. Batista Aug 01 Bronx Plaintiff he tore shoulders in car crash Michael Naimark, Jamaica, NY of Naimark & Tannenbaum $340,000 Patrick J. Brown, Buffalo, NY of LoTempio & Brown P.C. $285,000 Brett I. Bloom, New York, NY of Harmon, Linder & Rogowsky $250,000 All of us can learn about the art of effective crossexamination from one of the true Masters of this generation, John Nicholas Iannuzzi Benjamin Brafman, Esq. O Neill v. Garcia Soft Tissue Injury, with Bulging & Herniated Discs, Results in $350,000 Verdict: One of the Highest Reported Verdicts in Westchester County For This Type Of Injury. In this soft tissue automobile accident case, the plaintiff was sideswiped by the defendant in a parking lot. The plaintiff sustained a soft tissue injury, with bulging and herniated discs. The jury awarded $350, for her pain and suffering. Jury Verdict: $350, Vasquez v. The City of New York The plaintiff Juan Vasquez slipped, tripped and fell over a defective sidewalk on E. 170th Street in the Bronx, fracturing his tibia and fibula of his right leg requiring open reduction and internal fixation. The plaintiff was not employed at the time of the accident, nor at trial. Therefore, there was no lost wage claim. Mr. Gash tried the matter in Bronx Court and, after a six daytrial, the jury returned a verdict in the sum of $1,200,000. Jury Verdict: 1, William Rosario v. The NYC School Construction Authority, the City of New York and Skanska USA Building, Inc. Construction Worker s Fall from Sidewalk Scaffold, resulting in tears to the lateral and medial meniscus, arthroscopic surgery, the development of avascular necrosis and a knee replacement, after a finding of liability on the plaintiff s motion for summary judgment, results in a mediated settlement of $925,000, and a total payout in excess of two million dollars. Settlement After Liability Finding: $925, Gash & Associates, P.C., is a full service litigation firm, established in 1989, which maintains offices in Westchester County, in White Plains, New York, Edison, New Jersey and Greenwich, Connecticut. We provide exceptional legal representation in all areas of litigation, including personal injury, matrimonial, civil rights, commercial, employment and criminal litigation. We love what we do. Some have referred to us as the lawyer s lawyer. Indeed, many of our clients are lawyers and many lawyers refer their clients to us because of their confidence in us. In the personal injury field, it is not uncommon for well known and highly regarded physicians to suggest to their patients, who are seeking legal representation, to consider our firm, because those doctors know first hand of our reputation and how hard we fight for our clients. 235 Main Street, Suite 400, White Plains NY, ORDER TODAY Online: Amazon.com; BN.com 52 VerdictSearch s Top New York Verdicts of 2012

53 Passionately Advocating On Your Behalf Continuing in the tradition of client-focused excellence personified by the late Thomas Meagher, our firm proudly represents their clients with passion, skill and enthusiasm Thomas Meagher, Esq Christopher Meagher, Esq. New York Litigation Attorney MEAGHER & MEAGHER, P.C. MEDICAL MALPRACTICE PERSONAL INJURY COMMERCIAL LITIGATION $300 MILLION MORE THAN RECOVERED FOR CLIENTS. At Meagher & Meagher, we work tirelessly to advocate for our clients. Our team is committed to building upon our history of extraordinary verdicts and settlements through hard work and dedication. Meagher & Meagher s trusted success has earned referrals from both the Plainitiff s Bar and Defense Bar. MEDICAL MALPRACTICE At Meagher & Meagher, our legal team works side by side with leading medical experts to develop a comprehensive understanding of the medical aspects of your case. Our attorneys successfully apply their legal skills and medical knowledge, consistently resulting in top verdicts and settlements for our clients. PERSONAL INJURY Meagher & Meagher has years of experience working with a broad range of personal injury clients. Our firm has had extraordinary success in cases ranging from auto accidents, construction accidents, slip and falls, and pharmaceutical errors to matters as delicate as sexual assault and molestation. COMMERCIAL LITIGATION Our commercial litigation attorneys bring together their business knowledge and legal skills to obtain successful outcomes for our clients. Our firm has experience in all aspects of commercial litigation, focusing on contract disputes, real estate matters and land use litigation. Meagher & Meagher, P.C. 111 Church Street, White Plains, N.Y T: (914) F: (914) meagherandmeagherpc.com [email protected]

54 2012 TOP VERDICTS NY Motor Vehicle Accident: No-Fault Lee v. Yigit May 24 Suffolk County Car crash caused injuries of back, hip, McTeer-Davis v. Horton Sep 14 Bronx Car crash caused shoulder and neck injuries, Ted M. Rosenberg, Holtsville, NY of Rosenberg & Gluck $230,000 Ian M. Chaikin, New York, NY of Paris & Chaikin PLLC $225,000 Persaud v. Raghoo Feb 24 Queens Plaintiff he tore knee in car crash Richard C. Bell, New York, NY $225,000 Labita v. Saer Oct 03 Suffolk Car crash led to fusion of neck, plaintiff DiFrancesco v. Pacchiana May 17 Nassau Multi-car accident caused spine, shoulder injuries, Judge v. Hoch Aug 16 Queens Traffic accident caused spinal injuries, Martinez v. Duran Jun 27 Bronx Car crash caused injuries of elbow, spine, Ndoye v. Castro Apr 18 Bronx Car crash caused spinal injuries, plaintiff Melvin v. Reynolds May 25 Suffolk Car crash caused disabling injury of neck, Fyffe v. Austin Jun 19 Queens Woman hit by car, injuries of back, knee, shoulder Byrd v. Halkida LLC Jun 29 Queens Actor/model car crash ended career Wuestman v. Stevens Jul 11 Suffolk Car crash caused injuries of neck, plaintiff Alamo v. Martins Jan 09 Queens Expressway accident caused spinal injuries, Sepulveda v. Lukaj Mar 21 Bronx High-speed three-car accident caused spinal injuries, suit alleged Curry v. Dale Jan 30 Kings Plaintiff hand was hurt by air bag during car crash Collins v. Noel Jun 19 Rockland Car crash caused injury of neck, plaintiff Kennedy v. Arif Dec 05 Kings Car crash caused derangement of spine, Kucevic v. Khatimskiy Jan 19 Kings Car crash caused injuries of knee, spine, Ramdass v. Bath Apr 04 Bronx Highway accident caused ankle, back injuries, Lopez v. Gregory May 29 Kings Highway accident caused injuries of spine, shoulder, man Robinson v. Noel Apr 26 Kings Pair car crash caused injuries of back, neck, shoulder St. Laurent v. Engel Mar 26 Suffolk Plaintiff he tore knee during car crash Schmitt v. Edna Mar 05 Richmond Plaintiff she tore shoulder in auto accident Lewis v. Oliveira Jul 06 Bronx Car crash caused spinal injuries, plaintiff Barron v. Payano Mar 28 Kings Couple car crash caused spinal injuries Yang v. Doe May 31 Queens Highway accident caused spinal injuries, Siemucha v. Garrison Mar 13 Niagara Car crash caused injuries of back and neck, Velez-Marquez v. Vazquez Sep 12 Bronx Car crash caused injuries of neck, shoulder, Lee v. Unitech Design Inc. Sep 20 Queens Car crash caused knee, neck, shoulder injuries, Cruz v. Picca May 14 Suffolk Chef accident's effects limit his work Richard Noll, Syosset, NY of Noll Law Firm, P.C. $217,000 Aybike Donuk, Mineola, NY of Sanders, Sanders, Block, Woycik, Viener & $215,000 Grossman, P.C. Jay Flatow, New York, NY of Lurie & Flatow, P.C. $215,000 Zory Shteyman, Rockville Centre, NY of Law Office of Henry W. Davoli Jr., $200,000 PLLC Seth D. Zukoff, New York, NY of The Law Offices of Seth D. Zukoff, Esq. $200,000 Joseph E. Soffey, Garden City, NY of Soffey & Soffey $195,800 Matthew A. Schroeder, New York, NY of The Law Offices of Alvin M. Bernstone, LLP $185,000 Alexandra F. Pinilla, Forest Hills, NY of Law Office of Morton Povman P.C., $175,000 trial counsel to Russo, Darnell & Lodato, LLP, East Meadow, NY Charles Bonfante, III, Hauppauge, NY of Law Offices of Charles Bonfante III $170,000 and Associates Greg Garber, New York, NY of Garber Legal; Justin M. Blitz, New York, NY of $150,000 Schulman Blitz, LLP Luis Guerrero, New York, NY of Luis Guerrero, P.L.L.C. $125,000 Robert J. Menna, New York, NY of Law Offices of Alan M. Greenberg, P.C. $125,000 Hsiuen (Jeffrey) F. Chen, Mineola, NY of Bartlett, McDonough & Monaghan $120,000 L.L.P. Russell LiBrizzi, Brooklyn, NY of Lozner & Mastropietro $100,000 Jared Glugeth, New York, NY of Raphaelson & Levine Law Firm, P.C. $100,000 Gary P. Kauget, Brooklyn, NY of Gary P. Kauget P.C. $100,000 Peter M. Zirbes, Forest Hills, NY of Peter M. Zirbes & Associates, PC $100,000 Michael Glynn, Brooklyn, NY of Wellerstein & Associates, P.C. $100,000 Anthony Ciaccio, Ronkonkoma, NY of Gruenberg Kelly Della $100,000 Sean Sasso, Staten Island, NY of Chelli & Bush, Esqs. $100,000 Katharine Hall, White Plains, NY of Bailly & McMillan, LLP $90,000 Anthony A. Ferrante, Mineola, NY of Levine and Wiss PLLC $80,000 Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New York, NY $80,000 Gregory P. Krull, Buffalo, NY of Lipsitz Green Scime Cambria LLP $70,000 Jeffrey B. Melcer, New York, NY of Law Offices of Jeffrey B. Melcer, PLLC $70,000 Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New $70,000 York, NY Stephen H. Jacobson, New York, NY of Jaroslawicz & Jaros, LLC $70, VerdictSearch s Top New York Verdicts of 2012

55 Motor Vehicle Accident: No-Fault Mena-Villanueva v. Ovalles Apr 25 Kings Plaintiff she tore shoulders in automobile accident Carlin v. Monge Jun 06 Bronx Three spinal injuries from automobile accident Roe v. Yuran Aug 30 Ulster Car crash caused spinal injuries, plaintiff Hantour v. Wallace Jun 19 Queens Civil Car crash caused injuries of spine, shoulder, Montes v. Pearman Jul 12 Queens Car crash caused injuries of back, neck, Raghunauth v. LeFave Feb 03 Queens Crash caused injuries of spine, shoulder, wrist, Borah v. Bogopa Enterprises Inc. Jun 22 Kings Plaintiff auto accident caused injuries of spine Parker v. Hernandez Jan 25 Bronx Traffic accident didn't cause injuries, defense contended Dmitrieva v. Garcia Jul 24 Kings Car crash caused injuries of back, neck, Santorello v. Ferrizz Oct 23 Suffolk Car crash caused injuries of spine, plaintiff Marino v. Santos Jan 26 Queens Expressway accident aggravated neck injury, Moran v. Aiello Apr 13 Queens Expressway accident caused spinal herniations, Kanagratnam v. Ali Jun 14 Queens Mother, daughter car accident caused injuries Bazeli v. Kransnoff Mar 14 Queens Parkway accident caused spinal injuries, Grant v. Izzo Aug 03 Schenectady Car crash caused injuries of neck, plaintiff Oumov v. Tsung Aug 17 Queens Automobile accident caused spinal injuries, Allen C. Goodman, Brooklyn, NY of Rubenstein & Rynecki $50,000 C. Michelle Clemmens, New York, NY of Lipsig, Shapey, Manus & Moverman, P.C. $50,000 Kevin C. Harp, Kingston, NY of Mainetti, Mainetti & O'Connor, P.C. $47,000 Justin S. Blash, New York, NY of trial counsel, Terilli & Tintle $42,500 Peter Ginsberg, Mineola, NY of Ginsberg & Bianco, LLP $40,000 Joseph Gusmorino, Richmond Hill, NY of Gusmorino & Marx $40,000 Michael Zogala, New York, NY of Kahn, Gordon, Timko & Rodriques, P.C. $40,000 Neil A. Zirlin, New York, NY of Joseph T. Mullen, Jr. & Associates $32,200 Michael Schwartz, Brooklyn, NY, trial counsel to Tarasov and Associates, $32,000 P.C. Joseph B. Strassman, Rockville Centre, NY of The Law Office of Joseph B. $25,000 Strassman Christopher R. Dean, Garden City, NY of Dell & Little, Esqs. $25,000 John G. Chaconas, New York, NY of Molod, Spitz & DeSantis, P.C. $25,000 Edward J. Savidge, Garden City, NY of Brand Glick & Brand, P.C. $25,000 Violet E. Samuels, Rosedale, NY of Samuels & Associates, P.C. $20,000 Phil A. Rodriguez, Schenectady, NY of Law Office of Phil Rodriguez $18,500 Louis S. DeSorbo, New York, NY of Louis DeSorbo, P.C. $12,000 Motor Vehicle Accident: Passenger Williams v. Overton Jul 30 Queens Vehicular crash caused injuries of back, Howard G. Frederick, New York, NY of Silbowitz, Garafola, Silbowitz, $2,939,120 knee, Schatz & Frederick LLP Luna v. New York City Transit Authority Jun 04 Bronx Bus's abrupt stop caused fall, passenger Michael W. Gunzburg, New York, NY of Michael Gunzburg, P.C. $1,500,000 Sulaiman v. Masicott May 29 Kings Bus's passenger he hurt spine in accident Stuart L. Finz & Todd M. Rubin, Mineola, NY of Finz & Finz P.C. $1,225,000 Balone v. County of Westchester Jul 17 Westchester Bus's quick start and stop caused fall, rider Wellington v. NYC Transit Authority Feb 28 Bronx Car crash caused by bus driver using fire lane, Steiner v. Dincesen Sep 12 Nassau Car crash caused concussion, lasting effects, Barley v. Enbeh Apr 18 Kings Motorist ignored stop sign, caused crash, Garced v. Yera Apr 11 Suffolk Fatal car crash was avoidable, estate ; carrier tendered $100k offer post-verdict Jackson v. Hamilton Jan 13 Schenectady Taxi accident caused spinal injuries, fare Merklen v. County of Albany Oct 17 Albany Motorist was moving too quickly in poorvisibility area, suit alleged Enden v. Cruz May 11 Queens Car crash's parties disputed status of traffic signals Steve Anduze, Yonkers, NY of Law Offices of Steve Anduze $800,000 Christian M. McGannon, New York, NY of Budin, Reisman, Kupferberg & $600,000 Bernstein LLP John J. Giuffre, Garden City, New York of Giuffre Law Offices P.C. $550,000 Roger V. Archibald, Brooklyn, NY of Roger V. Archibald, PC $450,000 Andrew J. Fiore, Brentwood, NY of Collado, Collado & Fiore, PLLC $350,000 John R. Massaroni, Schenectady, NY of Capasso & Massaroni, L.L.P. $100,000 David J. Taffany, Latham, NY of Anderson, Moschetti & Taffany, PLLC $80,000 Andrew S. Cohen, Westbury, NY of trial counsel to Seth Michael Goldstein $65,000 VerdictSearch s Top New York Verdicts of

56 2012 TOP VERDICTS NY Motor Vehicle Accident: Passenger Bamfield v. Ramsay Oct 02 Kings Car crash due to carelessness, not third party, Melendez v. Manhattan & Bronx, Surface Transit Operating Authority May 25 New York Plaintiff fabricated claim of fall on bus, defense contended Eduard Tamma, New York, NY of Louis C. Fiabane $36,000 Ari Jacobson, Teaneck, NJ of Law Offices of Ari Jacobson $2,200 Motor Vehicle Accident: Pedestrian Loja v. Lavelle Jan 27 Westchester Landscaper hit by car while unloading trailer, lost leg Oliver v. American Cargo Express Inc. Apr 23 Bronx Man struck by van, spinal injuries will end career Reyes v. Marketing Werks Inc. Jun 15 Queens Plaintiff knockdown by SUV caused brain damage Lewis v. New York City Transit Authority Feb 17 New York Bus's driver didn't notice crowd of pedestrians, Fraser-Phipps v. New York City Transit Authority Mar 08 Kings Plaintiff she was struck by bus, blamed inattentive driver Kahn v. New York City Transit Authority Jul 20 New York Student hit and killed by bus; parents loss of support Jonathan Rice, Dobbs Ferry, NY of Grant and Longworth, LLP $11,192,399 Patrick J. gash $7,030,008, Middle Village, NY of Mullaney & Gjelaj, PLLC, trial counsel to Law Office of Michael T. RIdge, Bronx, NY; Mitchell Koval, Hempstead, NY of Zemsky & Salomon, P.C. Harlan A. Wittenstein, Forest Hills, NY of Wittenstein & Associates, P.C. $6,721,102 Ronald C. Burke, New York, NY of Kelner & Kelner $5,114,000 David L. Scher & S. Joseph Donahue, New York, NY of Block O'Toole & $2,056,656 Murphy, LLP Denise M. Dunleavy, New York, NY of Kramer & Dunleavy, LLP $1,964,643 Quinones v. Keystone Mechanical Jun 21 New York Van's driver didn't yield right of way, injured pedestrian Todd A. Restivo, Garden City, NY of Law Offices of Todd A. Restivo, P.C. $988,000 We Handle all types of accident cases involving serious injuries including construction accidents, motor vehicle accidents, false arrests, premises accidents, elevator accidents and medical Malpractice. Our results have been published in New York Magazine for being part of the team that had three of the top construction settlements and verdicts for the entire State of New York. We have been published in New York Law Journal, NY Verdict Reporter and the National Verdict Reporter. Nick Gjelaj is a board of director with the New York State Trial Lawyers Association where he is the co-chair of the Immigrant Worker Outreach Program. He has tried many cases to verdict and he has recovered over $150,000,000 for his clients. His results have been published in New York Law Journal, NY Verdict Reporter and the National Verdict Reporter. He is a board of director with the New York State Trial Lawyers Association where he is the co-chair of the Immigrant Worker Outreach Program. Nick was recently named a Super Lawyer for Pat Mullaney is an active trial attorney who has tried close to 20 cases since forming his own firm in March He was recently honored to be acknowledged as one of the Top 100 Irish American lawyers in America Metropolitan Avenue Forest Hills, NY T: F: Broadway, New York, NY VerdictSearch s Top New York Verdicts of 2012

57 Give Your Firm A Professional Advantage We know how valuable a firm s managing partners, administrators and administrative managers are to law firm success. Give your administrative team an advantage by becoming a member of the national Association of Legal Administrators and the ALA New York City Chapter. Benefits of membership include: Monthly local, national and online educational programs including the June 19 Financial Forum and September 17 Educational Symposium Subscription to the ALANYC Listerv, where members can exchange questions and best practices with fellow administrators Timely industry news and publications, including the ALANYC digital newsletter, the ALA educational magazine and weekly digital updates Networking luncheons and special events Access to a New York City and national network of business partners that provide special pricing and exposure to new services For a limited time only, new ALANYC members who join before September 1, 2013, will receive free registration to the annual Educational Symposium & Exposition on September 17, 2013 (a $125 savings). Join us for a special prospective member reception on May 21, 2013 to learn more about the benefits of membership. Contact [email protected] to register.

58 2012 TOP VERDICTS NY Motor Vehicle Accident: Pedestrian Melo v. D & L Ambulette Inc. Nov 09 Bronx Good recovery by woman hit by van, defense contended Tina M. Wells, New York, NY of Trolman, Glaser & Lichtman, P.C. $905,000 Estate of Fernandez v. De Jesus Apr 11 New York Inattentive bus driver struck and killed pedestrian, suit alleged Michael A. Madonna, New York, NY of Trolman, Glaser & Lichtman, P.C. $800,000 Himes v. Macaulay Sep 24 Warren Motorist didn't heed unmarked crosswalk, Lee Greenstein, Delmar, NY of Office of Lee D. Greenstein $769,000 Estate of Valli v. New York City Transit Authority Nov 09 New York Bus's driver didn't yield at crosswalk, suit alleged Ronald C. Burke, New York, NY of Kelner & Kelner $750,000 Novacenko v. Nathanson Feb 16 Bronx Motorist woman ran into his vehicle's path Robert D. Becker, New York, NY of Becker & D'Agostino, P.C. $684,400 Melnic v. Mizrahi May 31 Kings Driver didn't yield right of way, injured pedestrian Richard R. Mogg, Brooklyn, NY of New York, NY, trial counsel to Frekhtman & Associates $350,000 Gordon v. Frazier May 30 Kings Plaintiff SUV's driver backed out of driveway, hit her Alvarez v. Beltran Oct 18 Bronx Man hit by van, blamed driver error and badly parked car Britten v. Santana May 16 Kings Skateboarder, motorist traded blame for collision Silver v. Schroettner Nov 21 Suffolk Man hit by car, injuries of back and neck Zhang v. Leung Oct 26 Queens Woman hit by car sustained more than a dozen fractures Adam H. Rossol, New York, NY of Robinson & Yablon, P.C. $350,000 Christopher J. Donadio, New York, NY of Burns & Harris $325,000 Eric H. Green, New York, NY of The Law Offices of Eric H. Green $320,000 Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $300,000 Daniel S. Berke, New York, NY of of counsel, Caesar & Napoli $250,000 Khan v. Vortex Hacking Corp. Jun 01 Queens Cabbie didn't look before reversing, injured man Thomas J. Foley, Garden City, NY of Foley Griffin, LLP trial counsel to Wittenstein & Wittenstein, Forest Hills, NY $220,000 Viruet v. City of Yonkers May 24 Westchester Policeman drove onto sidewalk, struck pedestrian Richard M. Holzberg, New York, NY of Holzberg & Associates $197,000 Capdeville v. Hi Teck Autos Aug 09 Kings Singer she can't perform since being hit by car Robert W. Margulies, New York, NY of Drabkin & Margulies $175,000 Lopez v. DeCoteau Mar 14 New York Plaintiff he was hit by van on sidewalk David N. Kittredge, New York, NY of LaRocca Hornik Rosen Greenberg Blaha $150,000 Hasan v. State Farm Insurance Co. Sep 13 American Arbitration Association Claimant alleged driver veered onto sidewalk and struck her Dacosta v. Drummond May 10 Kings Driver was moving too fast in snowy conditions, suit alleged Evan M. Foulke, Goshen, NY of Foulke Law Offices $100,000 Adam Handler, New York, NY of Law Offices of Spar & Bernstein $100,000 Um v. Nicoll Feb 01 Queens Plaintiff she was struck by inattentive motorist Robert Alan Saasto, Hicksville, NY, trial counsel to Sim & Park, LLP, New York, NY $100,000 Iglesias v. Guarino Jul 05 Erie Turning motorist didn't yield, injured pedestrian Jiao v. Wang Jun 25 Queens Scooter's operator not cautious, injured pedestrian Bove v. Singh May 16 Queens Traffic-control officer was struck by turning vehicle Bernard v. Greer Aug 07 Suffolk Good Samaritan struck by car while aiding stranded motorist Benitez v. McIntyre Aug 15 Bronx Man struck by car, driver was rushing home Rafael O. Gomez, Buffalo, NY of LoTempio & Brown P.C. $75,000 Dov Medinets, New York, NY of Ginsberg & Wolf, P.C. $60,000 Robert Dembia, New York, NY of Robert Dembia, P.C. $45,000 Rand P. Schwartz, Massapequa Park, NY of Rand P. Schwartz, Esq. $30,000 Chikodi Emerenini, Forest Hills, NY of Mitchell & Incantalupo $25, VerdictSearch s Top New York Verdicts of 2012

59 Motor Vehicle Accident: Pedestrian Salta v. Chen May 30 Kings Civil Motorist could have avoided striking boy, suit alleged McArn v. Motor Vehicle Accident Indemnification Corp. Jun 07 Bronx Plaintiff hit-and-run driver ran over his foot Lorenzi v. Salazar Feb 29 Kings Turning driver didn't yield, injured pedestrian John Elefterakis, New York, NY of Elefterakis & Elefterakis $25,000 Steven D. Ateshoglou, New York, NY of Ateshoglou & Aiello, P.C. $25,000 Michael J. Mingino, New York, NY of Subin & Associates, LLP $18,750 Motor Vehicle Accident: Rear End Collision Evangelista v. Kevan Jun 08 Westchester Motorist not mindful of flooded road, Christina M. Killerlane & James J. Killerlane, White Plains, NY of Killerlane $2,665,000 Law Offices Monette v. Trummer Sep 21 Cattaraugus Car crash caused disabling spinal injuries, Jeffrey A. Black, Olean, NY of Dwyer, Black & Lyle, LLP $1,294,500 Cicola v. County of Suffolk Apr 25 Suffolk Car crash led to two fusions of spine, Grimsley v. Perez Oct 24 Nassau Plaintiff car crash caused disabling neurological pain Scaplehorn v. New York Central Mutual Insurance Co. Jun 04 American Arbitration Association Car crash caused spinal injuries, claimant contended Espinoza v. Flynn Mar 13 Queens Motorist's abrupt stop led to accident, defense contended Ascencio v. Alle Processing Corp. Aug 01 Kings Car crash caused back and shoulder injuries, Franco v. Beers Mar 26 Queens Plaintiff traffic accident caused disabling knee injury Steele v. Pierret Apr 05 Bronx Traffic accident caused injuries of spine, Winnicki v. Crowley Mar 22 Monroe Motorist too slow to stop on wet road, Damato v. Action Pipe Cleaning Inc. Apr 03 Queens Civil Car crash caused spinal woes, foot weakness, Carter v. Cabness May 09 Bronx Traffic accident caused knee, neck injuries, Kim v. Kossoff Mar 08 Queens Three-car crash caused injuries of back, knee, Toro v. Lin Jul 31 Kings Car crash caused injuries of neck, plaintiff Corsello v. Geldwerth Mar 13 Kings Driver too slow to respond to emergency, Magassouba v. Erhunmwunse Mar 01 Bronx Car crash caused spinal injuries, plaintiff Scott J. Zlotolow, Sayville, NY of Zlotolow & Associates, Sayville, NY, trial $1,025,000 counsel to Anthony J. Licatesi & Jennifer M. Spina, Garden City, NY of Rubin & Licatesi, P.C. Glenn Auletta, Ronkonkoma, NY of Gruenberg Kelly Della $958,000 Christina M. Killerlane, White Plains, NY of Killerlane Law Offices $500,000 Frederick C. Aranki, New York, NY of Block O'Toole & Murphy, LLP $375,000 Robert Rosenberg, Bronx, NY of Koenigsberg & Associates P.C. $278,000 Jason Herbert, New York, NY of Krentsel & Guzman, LLP $250,000 Robin J. Willner, New York, NY of Douglas & London, P.C. $200,000 Peter T. Rodgers, Rochester, NY of Lacy, Katzen, Ryen & Mittleman, LLP $175,000 Christopher R. Dean, Bohemia, NY of Dell, Little, Trovato & Vecere LLP $150,000 Steven Goldstein, New York, NY of Goldstein & Handwerker $140,000 Brian P. Hurley, New York, NY of Kelner & Kelner $100,000 Hiram Anthony Raldiris, New York, NY of Law Offices of Eric H. Green $90,000 Bruce J. Cheriff, Mount Kisco, NY of Cheriff & Fink, P.C. $80,000 Matthew A. Schroeder, New York, NY of The Law Offices of Alvin M. Bernstone, LLP $50,000 Steward v. Baker Apr 23 Columbia Three-car crash caused shoulder injury, Michael C. Howard, Hudson, NY of Michael C. Howard, Esq., P.C. $35,000 Cha v. JDM Contracting LLC Jun 26 Queens Multi-car crash caused injuries of shoulder, Forget v. Mattice Jun 21 Albany Intoxicated driver caused multi-car crash, plaintiffs Karbownik v. Botros Jun 12 Queens Civil Automobile accident caused spinal injuries, Mejia v. Delgado Oct 02 Bronx Traffic accident caused tear of shoulder, Leonard B. Chipkin, Garden City, NY of Sackstein, Sackstein & Lee, LLP $30,000 George L. Sarachan, Albany, NY of Rosenblum, Ronan, Kessler & Sarachan $29,000 Dan Mesterman, New York, NY of Mesterman Law, P.L.L.C. $20,000 Yana Rubin, New York, NY of Law Office of Yana Rubin, LLC $5,000 VerdictSearch s Top New York Verdicts of

60 2012 TOP VERDICTS NY Motor Vehicle Accident: Stop Sign Jordan v. Port Authority of NY and NJ May 24 Kings Motorist ignored stop sign, caused crash, Deas v. Raci Jun 26 Bronx Car crash caused spinal injuries, plaintiff Isaac v. Flatlands Transport Jun 21 Kings Vehicular accident forced retirement, postal clerk Conte v. Wroblewski Oct 02 Queens Motorist disregarded stop sign, caused crash, Cron v. Parga Jun 06 Broome Motorist not mindful of recurrent hazard, Everett J. Petersson & Michael Serpico, Brooklyn, NY of Everett J. $2,580,000 Petersson, P.C., trial counsel to Robert Washuta, New York, NY of Robert Washuta, P.C. Bonnie Knel, Mount Vernon, NY of Weisman & Calderon LLP $150,000 Peter S. Gordon, Forest Hills, NY of Gordon & Gordon $150,000 Stuart M. Rissoff, Garden City, NY of Law Offices of Stuart M. Rissoff $98,000 Victoria Lieb Lightcap, Liverpool, NY of Finkelstein & Partners LLP $80,000 Platel v. Seldon May 31 Rockland Motorist ignored stop sign, caused crash, Justin S. Blash, New York, NY of The Blash Firm, PLLC, trial counsel to Neimark & Neimark LLP, New City, NY $70,000 Badalov v. Schlossberg Apr 23 Queens Motorist ignored stop sign, caused crash, plaintiffs Pinard v. Phillips May 10 Kings Driver ignored stop sign, caused crash, Violet E. Samuels, Rosedale, NY of Samuels & Associates, P.C. $60,000 David E. Thomas, New York, NY of trial counsel, Harmon Linder & Rogowsky $35,000 Buonviaggio v. McKeon Jan 20 Richmond Motorist ignored stop sign, caused crash, Richard J. Zeitler, Jr., Staten Island, NY of Chelli & Bush $10,835 Motor Vehicle Accident: Roadway Defects Zouaoui v. State of New York Jul 27 Court of Claims, White Plains State ignored road's recurrent icy conditions, claimant alleged Daniel P. O'Toole, Robyn Brazzil (damages) & Nick Gjelaj (liability), New York, NY of Block, O'Toole & Murphy, LLP $20,181,484 Perretti v. City of New York Mar 08 Kings Paving work created a hazard, plaintiff Sutherland v. City of New York Feb 06 Bronx Sloppy roadwork created tripping hazard, Robert P. Kelly, New York, NY of Kelly & Rubin, L.L.P. $329,000 Christopher J. Donadio, New York, NY of Burns & Harris $150,000 Concha v. City of New York Feb 02 New York City ignored reports of pothole, plaintiff Adam Handler, New York, NY of Law Offices of Spar & Bernstein $116,000 Calisto v. Cantazaro Mar 16 Nassau Homemaker parkway accident caused disabling injury Joel A. Horowitz, New York, NY of Burns & Harris $80,000 Motor Vehicle Accident: Public Transportation Johnson v. NYCTA Jun 14 Bronx Train's conductor too quick to close doors, rider Lucille M. Barbato, Bronx, NY of Spiegel & Barbato $2,328,000 Wharton v. New York City Transit Authority Mar 19 New York Shimano v. New York City Transit Authority May 23 New York Subway platform too far from train's door, Plaintiff she was trapped and injured by bus's closing door Chana Sklar Israel & Robert C. Lipsky, Spring Valley, NY of Israel & Lipsky $210,000 Samuel Katz, New York, NY of Samuel Katz Attorney at Law $155,000 Soto v. NYCTA Aug 17 Bronx Bus's passenger she was discharged in dangerous spot Lester R. Hill, Jr., New York, NY, trial counsel to Richard J. Katz, L.L.P. $100, VerdictSearch s Top New York Verdicts of 2012

61 TOP 2012 NEW YORK VERDICTS BY CATEGORY Premise Liability Premise Liability: Dangerous Condition Premise Liability: Inadequate Security/Supervision Premise Liability: Negligent Repair/Maintenance Premise Liability: Sidewalk Defects

62 2012 TOP VERDICTS NY Premises Liability: Dangerous Condition Doino v. Gudema Sep 25 Suffolk Dangerous Condition: Loft's shaky ladder a hazard, Anthony Ciaccio, Ronkonkoma, NY of Gruenberg Kelly Della $1,000,000 Delano v. United States of America Mar 12 U.S. District Court, WDNY Sullivan v. Lichtenstein Feb 28 Rockland Dangerous Condition: Postal facility's loading dock dangerously low, suit alleged Dangerous Condition: Residence's path unlighted and dangerous, J. Michael Hayes, Buffalo, NY of Law Offices of J. Michael Hayes $780,114 Frank V. Kelly, Bronx, NY of William A. Gallina, PLLC $500,000 Sharobim v. Kings Corner Mini Mart, Inc Mar 23 Kings Dangerous Condition: Store's open trapdoor a hazard, customer Seth M. Katz, Brooklyn, NY of Law Offices of William Pager $93,000 Premises Liability: Inadequate Security/Supervision Brown v. Wilson Farms Inc Mar 09 Monroe Inadequate Security: Convenience store a target for crime, injured guard Joseph Cote, Syracuse, NY of Cote Limpert & Van Dyke $3,380,000 Premises Liability: Negligent Repair/Maintenance Minardi v. JetBlue Airways Corp. Mar 06 Queens Fall caused ankle, knee, shoulder injuries, Zimmerman v. 157 East 57th Street, L.L.C. Feb 28 New York Apartment not in move-in condition, tenant Padilla v. City of New York Mar 27 Bronx Skate park's ramp poorly maintained, injured boy Cancel v. Alpert Contracting & Maintenance Inc. Feb 29 Bronx Building's damaged stairway a hazard, Dino J. Domina, Hauppauge, NY $3,750,000 Jay W. Dankner, New York, NY of Dankner & Milstein, P.C., New York, NY, $3,627,080 trial counsel to Richard Ashman, New York, NY of Michelstein & Greenberg, LLP Joshua D. Kelner, New York, NY of Kelner & Kelner $3,400,000 Joseph Gorczyca, Jericho, NY of Schwartzapfel Partners P.C. $2,642,000 Telsaint v. City of New York Apr 02 Kings City didn't address icy sidewalk, plaintiff Robert C. Rosenberg, Brooklyn, NY of Hill, Rosenberg & Thurston, Brooklyn, NY, trial counsel to Koenigsberg & Associates $2,250,000 Sprague v. Profoods Restaurant Supply, LLC Mar 20 Bronx Warehouse's operator didn't check icy parking lot, suit alleged Robert J. Bellinson, New York, NY of Wingate, Russotti & Shapiro, LLP $1,750,000 Robinson v. New York City Transit Authority Aug 02 New York Manhole's recessed cover a hazard, plaintiff alleged Steven C. Pepperman, New York, NY of of counsel, Weiss & Rosenbloom, P.C. $1,438,648 Bongiovi v. City of New York Jul 12 Queens Garage's greasy puddle a hazard, sanitation worker Pilgrim v. Wilson Flat Inc. Jan 31 Kings Building's damaged steps an icy hazard, plaintiff alleged Jeffrey A. Guzman, New York, NY of Krentsel & Guzman LLP $990,000 Seth A. Harris & Blake Goldfarb, New York, NY of Burns & Harris $805,000 Hogan v. Grossman May 17 Westchester Homeowners didn't address icy entrance, visitor alleged Christina M. Killerlane, White Plains, NY of Killerlane Law Offices $755,000 Flaherty v. 97 Realty NY, LLC Jun 26 Kings Landlord ignored regurgitating bathtub, tenant alleged Blake Goldfarb & Seth A. Harris, New York, NY of Burns & Harris $670,000 Ginzburg v. NYCTA Mar 22 New York Power-washing left puddle in subway station, Thomas J. Cappello & Robert A. Sgarlato, Staten Island, NY of Slater, Sgarlato & Capello, P.C. $616,390 Cruz v. Bronx Leb. Hosp. Center Sep 07 Bronx Basketball court's floor damaged and dangerous, Grace v. City of New York Aug 03 Bronx Damaged floor tiles a hazard, subway station's patron Christopher J. Donadio, New York, NY of Burns & Harris $570,000 Mitchell D. Frankel, New York, NY of Sussman & Frankel, LLP $522, VerdictSearch s Top New York Verdicts of 2012

63 Premises Liability: Negligent Repair/Maintenance Simmons v. N.Y.C.T.A. Apr 20 Bronx Subway station's patron he tripped on chipped step Wilkowski v. New York City Transit Authority Apr 10 New York Sloppy workers created hazard on sidewalk, Vicens v Concourse Associates, LLC. Aug 07 Bronx Sloppy mopping job led to accident, Richard K. Hershman, New York, NY, of Richard K. Hershman P.L.L.C. $500,000 Gerard Lucciola, New York, NY of Rosato & Lucciola, P.C. $491,800 Raymond Gazer, Bronx, NY of Getz & Braverman, P.C. $462,000 Ivanova v. City of New York Jun 20 New York Subway station's stairs a hazard, plaintiff Shareef Rabaa, New York, NY of Weitz & Luxenberg, P.C. $450,000 Fragaso v. Parapi Jun 12 Queens Apartment building's tenant tore Achilles tendon in fall on stairs Andrew M. Laskin, New York, NY of Robinson & Yablon, PC $425,000 Ingleton v Realty, LLC Oct 23 Bronx Faulty window permanently damaged fingers, Christopher A. Marothy, Bronx, NY of Dubow, Smith & Marothy, Bronx, NY, trial counsel to Seth Michael Goldstein, Fresh Meadows, NY $350,000 Harden v. No. 1 Times Square Development, LLC Aug 02 New York Elevator's free fall caused fracture of hip, passenger Joseph G. Macaluso, Bronx, NY of Macaluso & Fafinski, P.C. $327,009 Papa v. Tara Close Apartment, Corp. Oct 10 Bronx Landlord didn't clear icy parking lot, tenant Ray v. M.T.A. Jun 27 Bronx Subway station's cracked, messy floor a hazard, suit alleged Rodriguez v. Roman Mar 09 Queens Building's entryway steps were too narrow, tenant James Marino, White Plains, NY of Lever & Stolzenberg, LLP $194,414 Christopher J. Donadio, New York, NY of Burns & Harris $143,000 Anthony J. Emanuel, Garden City, NY of Bornstein & Emanuel, P.C. $100,000 Reimold v. Walden Terrace Inc. Feb 01 Queens Landlord ignored clogged pipe, tenant Edward S. Bosek, Carle Place, NY of trial counsel to Seiden and Kaufman, P.C. $100,000 Clemmons v. N.Y.C.T.A. Dec 14 Bronx Subway station's stairway a hazard, patron alleged Christopher J. Donadio, New York, NY of Burns & Harris $71,000 Vincent v. Landi Sep 07 Franklin Restaurant's owner ignored icy hazard, patron John J. Muldowney, Malone, NY of Fischer, Bessette & Muldowney, L.L.P. $52,526 Sciortino v. Webster Asphalt and Sealing Inc. May 09 Monroe Truck fire caused by shoddy repair, plaintiff Christopher S. Ciaccio, Rochester, NY of Law Office of Christopher S. Ciaccio, Esq. $50,000 Fonseca v. Misra Sep 12 Dutchess Landlords didn't clear steps after snowstorm, tenant Paul J. Goldstein, Poughkeepsie, NY of Goldstein & Goldstein, Esqs. $34,797 Loconsole v. Loconsole Feb 21 Kings Son should have avoided damaged steps, parents Adam Kaufman, New York, NY of Dankner & Milstein, P.C. $26,400 DiBenedetto v. Kenny & Dittrich LLC Mar 06 Richmond Resort's guest cut by pipe while stepping off boat Kathleen E. Beatty, New York, NY of Leav & Steinberg LLP $18,100 Premises Liability: Sidewalk Defects Mata v. City of New York Sep 26 Bronx Crosswalk's damaged surface a hazard, Jeffrey A. Guzman, New York, NY of Krentsel & Guzman LLP $5,700,000 Overton v. Blasse Jul 24 Kings Building's owner ignored hole in sidewalk, Glenn K. Faegenburg, Brooklyn, NY of The Edelsteins, Faegenburg & Brown $575,000 Khaimova v. City of NY Oct 24 Kings Sidewalk's loose bricks a hazard, plaintiff Mitchell v. City of New York Dec 20 Bronx Plaintiff tripped over sidewalk, sustained fracture Cohen v. Town of North Hempstead Apr 25 Nassau Town ignored broken sidewalk, plaintiff Seth M. Katz, Brooklyn, NY of Law Offices of William Pager $307,000 Andrea V. Borden, New York, NY of Burns & Harris $300,000 Peter Ginsberg, Mineola, NY of Ginsberg & Bianco, LLP $236,000 VerdictSearch s Top New York Verdicts of

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65 TOP 2012 NEW YORK VERDICTS BY CATEGORY Product Liability Product Liability VerdictSearch s Top New York Verdicts of

66 2012 TOP VERDICTS NY Product Liability Davids v. Novartis Pharmaceuticals Corp. Nov 02 U.S. District Design Defect: Drug caused osteonecrosis John J. Vecchione, Fairfax, VA of Valad & Vecchione, PLLC; John J. Beins, $10,450,000 Court, EDNY of jaw, Chevy Chase, MD of Beins, Goldberg & Hennessey, LLP Focus in On Your Firm s Alexander v. Dunlop Tire Corp. Apr 04 Broome Manufacturing Defect: High-speed tire separation caused crash, plaintiffs Terrence E. McCartney & Michael L. Ihrig, II, New York, NY of Rheingold, Valet, Rheingold, McCartney & Giuffra LLP; Edward G. Bailey, Douglaston, NY of Bailey & Sherman, P.C.; Simcha D. Schonfeld, New York, NY of Koss & Schonfeld, LLP $4,346,033 Suttner v. A.W. Chesterton Co. Oct 23 Erie Failure to Warn: Valves' asbestos caused mesothelioma, suit alleged Joseph T. Kremer & Michael A. Ponterio, Buffalo, NY of Lipsitz & Ponterio, LLC; Perry J. Browder & Myles L. Epperson, Alton, IL of The Simmons Firm $3,000,000 The 2013 Annual Survey of Law Firm Economics FOCUS IN ON YOUR FIRM S PERFORMANCE Participate in the most comprehensive collection of law firm data, the Survey of Law Firm Economics. Participants receive: FREE Survey Excerpt FREE Metropolitan Area Data Almost 50% OFF the Purchase of the Final Report Gain the depth and range you need to clarify your position in the marketplace. PRAISE FOR THE SURVEY The Survey allows us to measure ourselves against firms that look like us, and has become a valuable benchmarking tool for evaluating the key financial indicators that drive firm profits. High Survey participation levels ensure that the geographic and firm-size data is statistically meaningful and relevant. Robert Faro, Chief Financial Officer, Gibbons P.C. ALMlegalintel. Participate now at Submit by the May 10, 2013 Deadline to be entered to win a $500 American Express gift card. 66 RES VerdictSearch s SLFE 2013 participation Top print New ads_nylj_hp.indd York Verdicts 1 of /5/13 4:07 PM

67 TOP FIRMS GET TOP VERDICTS. PERIOD. He did it again. Mr. Wigdor has now appeared in New York s Top Verdicts five times in the last eight years. For 2012, Mr. Wigdor obtained the number one disability discrimination verdict and the number four employment verdict. This follows Mr. Wigdor s 2011 verdict of $23 million which was the number one employment verdict and three other Top Verdicts since 2005 totaling over $20 million. Mr. Wigdor s consistent trial and arbitration verdicts have led him to become the go-to employment litigator in New York. His abilities in the courtroom have led to thousands of successful settlements in the hundreds of millions of dollars. Mr. Wigdor has been selected for inclusion in The Best Lawyers in America and is AV Preeminent rated by Martindale-Hubbell. Mr. Wigdor has also been given the highest rating, a 10.0 (superb), by Avvo, a well respected lawyer rating agency. Mr. Wigdor s handling of numerous high profile cases has resulted in frequent appearances on national television and being quoted in world-wide publications. Mr. Wigdor is also a lecturer, editor and author of articles on employment related subjects, having been quoted frequently in the New York Law Journal, presenting lectures to various organizations and publishing articles in numerous journals. Unparalleled dedication, commitment, and integrity.

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