Lisa Sanchez v. John E. Gonzalez Rose Brand Wipers, Inc., and Ryder…, 2010 WL 2277735 (2010)

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2010 WL 2277735 (N.Y.Sup.) (Verdict and Settlement Summary)

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Supreme Court, Twelfth Judicial District, Bronx County, New York.

Lisa Sanchez v. John E. Gonzalez Rose Brand Wipers, Inc., and Ryder Truck Rental Inc.

No. 15393/07

DATE OF VERDICT/SETTLEMENT: April 29, 2010

TOPIC: MOTOR VEHICLE - PEDESTRIAN - MOTOR VEHICLE - SINGLE VEHICLE - MOTOR VEHICLE - CROSSWALK - MOTOR [...]

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Most Recent Trial Court Discectomy Verdicts

Recent verdicts involving the spinal discectomy surgical procedure confirm that many factors determine the ultimate outcome of a personal injury trial. The court venue, the type of case, liability, the attorneys, experts, the severity of injury, and other elements all play a role.

#1 $875,000 Fall on Waxes Floor. Bronx

INJURIES: Avila was taken by ambulance to the emergency room, from the scene of the accident. She claimed cervical disc herniations at C4-5, C5-6 and C6-7, as well as a lumbar disc herniation at L5-S1. She underwent physical therapy to treat the injuries for a [...]

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MATSUR v. NEW YORK CITY TRANSIT AUTHORITY 43943 / 2001 DATE OF INCIDENT: August, 2001 DATE OF FILING: October, 2002 DATE OF TRIAL: April, 2007 TOPIC: LIABILITY: General: PREMISES LIABILITY Specific: Accident At Transit Station SUMMARY Outcome: Plaintiff Verdict Non Verdict Award: $ Total Verdict: $2,800,000 Judge Reduced Award To: $ Claimed Past Medical: $ Claimed Future Medical: $ Claimed Past Wage Expense: $ Claimed Future Wage Expense: $ Plaintiff’s Economist: $ Defendant’s Economist: $ EXPERT-WITNESSES: ATTORNEY: Plaintiff: Arkady Frekhtman, Brooklyn, NY; Louis Mitchell trial counsel. Defendant: Jeffrey S. Shein, Syosset, NY JUDGE: David B. Vaughan RANGE AMOUNT: $2,000,000 - 4,999,999 STATE: New York COUNTY: Kings PRIMARY INJURY: Mild Brain Injury SUMMARY PLAINTIFF: Sex: Male Age: 40 General Occupation: GENERAL LABORER DECEDENT: Funeral Expense: $ Other Expenses: $ DEFENDANT: Type: Single Organization Sex: Organization Organization Type: TRANSPORTATION-COMMUTER TRAIN Policy Limit: $ DAMAGES: Past Medical: $ Future Medical: $ Past [...]

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Cleon N. Ioannides v. Operative Plasterers & Cement Mason’s Local 5 and Sperios S. Cocomos

No. 26774/04 Date of Verdict/Settlement: December 17, 2007 TOPIC: MOTOR VEHICLE - REAR-ENDER - MOTOR VEHICLE - MULTIPLE VEHICLE

Car Crash Caused Spinal Injuries, Plaintiff Alleged

SUMMARY:

RESULT: Verdict-Plaintiff

The jury found that Ioannides’ damages totaled $75,000, all for his past pain and suffering.

Expert Witnesses:

Plaintiff: Arden Kaisman, M.D.; Pain Management; New York, NY

Defendant: Jonathan Glassman, M.D.; Orthopedics; Forest Hills, NY

Attorneys:

Plaintiff: David J. DeToffol; trial counsel to Frekhtman & Associates; New York, NY (Cleon N. Ioannides) Defendant: Rik Bachman; Thomas K. Moore; White Plains, NY (Operative Plasterers & Cement Masons’ Local 5, Sperios S. [...]

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KETTERER v. CHUNILAL 24299 / 2007 DATE OF INCIDENT: September, 2006 DATE OF FILING: October, 2007 DATE OF SETTLEMENT: August, 2008 TOPIC: LIABILITY: General: PEDESTRIAN Specific: In Crosswalk SUMMARY Outcome: Settlement Non Verdict Award: $100,000 Total Verdict: $ Judge Reduced Award To: $ Claimed Past Medical: $ Claimed Future Medical: $ Claimed Past Wage Expense: $5000 Claimed Future Wage Expense: $ Plaintiff’s Economist: $ Defendant’s Economist: $ EXPERT-WITNESSES: ATTORNEY: Plaintiff: Arkady Frekhtman, Brooklyn, NY; Reza Rezvani, trial counsel Defendant: Ronald W. Gill, New York, NY JUDGE: Roger N. Rosengarten RANGE AMOUNT: $100,000 - 199,999 STATE: New York COUNTY: Queens PRIMARY INJURY: Tibial Plateau Fracture SUMMARY SETTLEMENT TIME: After Filing PLAINTIFF: Sex: Female Age: 26 DECEDENT: Funeral Expense: $ Other Expenses: $ DEFENDANT: Type: Single Individual Sex: Male Policy Limit: $ DAMAGES: Past Medical: $ Future Medical: $ Past Wage: $ Future Wage: $ Pain and Suffering: $ Other: $100,000 Total: $100,000 Punitive: $ Hedonic: [...]

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Elvis Negron v. 1400 Holding Corp Myrtle Restaurant Associates, Inc. and Burger King Corp. No. 39148/06

DATE OF VERDICT/SETTLEMENT: May 17, 2010 TOPIC: PREMISES LIABILITY - NEGLIGENT REPAIR AND/OR MAINTENANCE - PREMISES LIABILITY - DANGEROUS CONDITION

Plaintiff Alleged Sidewalk Crack Caused Trip and Fall

SUMMARY:

Result: Settlement Award Total: $325,000 The parties agreed to settle after jury selection for $325,000.

Expert Witnesses: Plaintiff: Alan M. Leiken, Ph.D.; Economics; East Setauket, NY Kevin Wright, M.D.; Orthopedic Surgery; New York, NY Stanley H. Fein, P.E.; Engineering; Plainview, NY Defendant: Martin E. Wolpin, M.D.; Orthopedic Surgery; Brooklyn, NY Attorneys: Plaintiff: Richard R. Mogg; The Law Offices of Richard R. Mogg, P.C., White Plains, NY, trial counsel [...]

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9 CFR 350: Commercial Motor Carrier Safety Assistance Program

The primary motivation of this part is to ensure that the Federal Motor Carrier Safety Administration (FMCSA), individual states, and other political jurisdictions unify to develop and implement programs that will ultimately improve motor carrier, CMV, and driver safety and establish a safer and more efficient transportation system.

49 CFR 382: Controlled Substances and Alcohol Use and Testing

The function of 49 CFR 382 is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment due to the use of alcohol or drugs by drivers of commercial [...]

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Most Popular sections of the Code of Federal Regulations (CFR) applicable to Truck Accidents 49 CFR 350: Commercial Motor Carrier Safety Assistance Program 49 CFR 382: Controlled Substances and Alcohol Use and Testing 49 CFR 383: Commercial Driver’s License Standards; Requirements and Penalties 49 CFR 391: Qualifications of Drivers 49 CFR 392: Driving of Commercial Motor Vehicles 49 CFR 393: Parts and Accessories Necessary for Safe Operation 49 CFR 395: Hours of Service of Drivers 49 CFR 396: Inspection, Repair, and Maintenance 49 CFR 397: Transportation of Hazardous Materials; Driving and Parking Rules 49 CFR 398: Transportation of Migrant Workers 49 [...]

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Spinal Injuries induced by trauma may be classified into the following types of injuries:

Spinal cord injuries are diagnosed by determining which vertebrae of the spinal cord were injured or affected. The graphic above shows the various areas of the spine.   Quadriplegia is a complete loss of all function and control below the neck. Paraplegia involces the loss of sensation, control and or feeling below the waist. Other injuries include a fracture of a vertebrae, a herniated disc, and a bulging disc.

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Approximately 11,000 people sustain a spinal cord injury every year in America. One of the main causes is trauma such as a sudden impact to the spine that results in a fracture, herniated disc, or other spinal injury. Car accidents cause the greatest percentage of spinal cord injuries - nearly 50% of all spinal cord injuries are as a result of automobile, truck, bus, or motorcycle accidents.  Falls including falls from a height, slip or trip and fall incidents, and other premises type accidents account for 23% of spinal cord injuries.

If a spinal cord injury [...]

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