Our results speak for themselves.
The recoveries for our clients are among the highest in the State and our results speak for themselves. Finkelstein & Partners lawyers are Super Lawyers and several are members of the exclusive Multi-Million Dollar Advocates Forum. While we have established our reputation as the law firm to retain for the seriously injured, your satisfaction is our primary goal.
Now in our seventh decade of providing superior personal client services, we remain dedicated as ever to fighting and winning the money you deserve from insurance companies and holding responsible parties accountable, while preserving your dignity and privacy.
Read Results Below:
Newburgh personal injury law firm giant Finkelstein and Partners won a Philadelphia jury verdict of $34.3 million for a Decatur, IL client, who claims the prolonged use of two drugs manufactured by Wyeth and parent company Pfizer resulted in her breast cancer.
Finkelstein attorney Ronald Rosenkrantz, who represented Donna Kendell during the five-and-a-half week trial, contended his clients’ 11 years of using the drugs Premarin and Prempro resulted in cancer to her left breast, resulted in a mastectomy, and a preventative mastectomy to her right breast.
Although the verdict is huge, Rosenkrantz said it is unclear right now if his client will ever collect any of it.
“There have been, I believe, 14 trials, the plaintiffs have won 12. Most of the verdicts were big, at least in the seven figures, some in the eight figures. One or two may have been in nine figures. They have appealed everyone, and other than the cases they have settled, unfortunately, they have never paid out a dime yet,” he said.
But, Rosenkrantz is hopeful that this case may change the tide with appeals ruling in his client’s favor.
In 1993, a forty-four year old roofer was an employee of a roofing subcontractor replacing the roof on a church in the City of Poughkeepsie. The general contractor failed to provide a scissor lift so the worker could do the work safely in violation of the New York Labor Law Section 240. While performing his job, the roofer lost his balance and fell 18 feet to the hard ground below. The construction worker suffered a badly broken heel bone known as the calcaneus. After five surgeries, the heel and ankle had to be fused. Even though our client lived in Ulster County, the lawsuit was brought in Dutchess County because that is where the event happened. After four years of litigation, the insurance company offered only $2,500,000. Managing Partner Andrew Finkelstein negotiated directly with the insurance company and, after discussing with our client, advised he would not accept anything less than $7,000,000. After a full trial, the Dutchess County jury issued a unanimous verdict for $28,300,000 in favor of the roofer.
Twenty-three years earlier, a defectively designed industrial machine caused a catastrophic injury to a Pennsylvania machine operator. The family sued the manufacturer of the machine. The machine manufacturer did nothing to fix the hazards created by the defectively designed machine. Predictably, since the manufacturer does nothing to design out the hazard or design in a fail-safe to protect operators of the machine, it happens again in 2015. Our client was operating the next generation industrial machine that had the same design defects. Due to being exposed to the same hazards from the defective design our client was killed leaving his wife and two young sons behind. The case was tried by Managing Partner Andrew Finkelstein in Federal Court. After four days of trial testimony the machine manufacturer and their distributor settled for a total of $16,500,000.
Upon being rear-ended at 40 MPH, our client’s head snapped back and then her whole body thrust forward, causing her left ankle to slam into the floorboard and her right upper arm to jam into her shoulder socket. Initially, she had complaints of neck and ankle pain. Within three months the neck pain went away, but her ankle and shoulder pain progressed. While the offending car suffered significant property damage, our client’s car had little to no visible property damage. The insurance company did not believe a jury would accept anyone could be significantly injured in a car with such little visible damage.
30 years earlier our client suffered a broken ankle that required surgery, the same ankle she injured in this crash. Additionally, 25 years earlier she broke her right shoulder and required surgery there too. The insurance company doctors attributed all of her complaints to the prior injuries and claimed nothing was caused in the hit in the rear.
Within three years of the crash, our client had undergone five shoulder surgeries. During treatment for her shoulder, her ankle pain got progressively worse, but she did not tell any of the orthopedic surgeons caring for her shoulder about her ankle troubles. Four years after the car crash, she presented to a new orthopedic surgeon, explained what happened in the crash and how her ankle got progressively worse. He diagnosed her with end stage post-traumatic arthritis and performed an ankle replacement. Following the ankle replacement, she developed Chronic Regional Pain Syndrome and required the placement of a DRG stimulator to help control the pain.
The insurance company lawyer argued to the jury that they were responsible only for her ankle sprain and the four-year gap in treatment made it impossible for the ankle replacement to be related. Additionally, the insurance company lawyer argued her shoulder injury could not be related because there was a delay of several months before the first complaint.
The case was tried by managing partner Andrew Finkelstein and trial partner Kenneth Fromson. In his summation, Andrew Finkelstein explained why all of the injuries were caused by the crash and suggested the appropriate verdict should be between $10,000,000 and $20,000,000. After a two week trial the five female and one male jury voted unanimously to award $13,500,000
A 16-year-old student attending Newburgh Free Academy who was a passenger in a car that left the road and caused serious physical injuries. She had multiple broken bones that required several surgeries and extensive hospitalization and rehabilitation. The medical treatment resulted in our client missing most of her tenth grade and he had to repeat it the following year. Managing Partner Andrew Finkelstein worked with the firm’s team of trial lawyers and was able to settle the case at a mediation. Our client will receive $13.5 million over her lifetime for injuries sustained.
Andrew G. Finkelstein, managing partner, and firm partner Kenneth Fromson, obtained a settlement of $12,750,000 for our injured client on the day the jury was to be selected. Our client, a 49 year old truck driver for a retail auto supply store, sustained broken bones in both feet when he stepped off an unprotected edge and fell 10 feet to the warehouse floor while making a delivery.
As a result of the store being built into the side of a hill, the warehouse, at the rear of the store, is located 10 feet below grade. When making deliveries trucks park against the delivery dock door and the drivers utilize a vertical lift to access the warehouse floor 10 feet below. The elevator-like lift has a safety gate that may only be opened at delivery dock level in order to protect workers from falling. Tragically, the store is known to disable and even remove the safety gate to speed up deliveries – as was the case when our client stepped off the unprotected edge when neither the lift nor the protective safety gate were in place at loading dock level.
“Workers have the right to expect a safe work environment,” said Finkelstein. “Unfortunately, when that right is violated and conditions are unsafe people get hurt and their lives can be changed forever. When that happens, we strive to hold employers accountable and fight for the rights of our clients.”
The resulting broken bones from the fall to the warehouse floor required surgery. Following surgery, the worker developed gangrene in one foot which ultimately required an amputation below the knee. Today he uses a prosthetic device and faces additional surgery on his surviving foot.
“Our client did not expect to have his life permanently altered by an unsafe work place when he went to work that day,” said Fromson. “We helped him navigate the complex legal system and held the auto supply store accountable when they failed to uphold a safe work place for all employees.”
The retailer settled for $12,750,000 at jury selection, avoiding taking the case to court.
Police can never instruct someone to violate the law when no emergency exists. After stopping 5 teenage boys on a icy, snowy day when schools were closed due to weather, Town of East Fishkill Police officers instructed a junior licensed driver to violate the Graduated Driver’s License Law rather than impound the vehicle. The purpose of the Graduated Driver’s License Law is to allow inexperienced drivers to drive in a safe environment. Statistics show that once there are two or more people under the age of 21 in the car with an inexperienced driver, the chance of a serious car crash triples. After arresting the 18 year old driver and one of the passengers, Town of East Fishkill Police officers instructed a 17-year-old to drive the other two minors home in violation of the Vehicle and Traffic Law that prohibits a junior licensed driver from driving with more than one underage passenger. Predictably, a crash occurred and our client, who was seated in the rear, suffered life threatening injuries. After seven years of litigation, which included an appeal to the Appellate Division which we won, the case was set for trial. Just prior to jury selection the insurance company for the Town offered their full $11,000,000 of insurance and the insurance company covering the car offered their full $100,000 of insurance.
Companies who have salespeople on our roads must take steps to ensure their employees don’t drive distracted. Following a sales call, a company employee was texting and driving the meeting results to her supervisor. While looking down at her phone she crashed into a car waiting to make a left-hand turn, causing that car to cross over and strike our client head-on. Our client suffered catastrophic injuries and will never be able to return to work. The case was ultimately settled prior to trial for $9,250,000 by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson.
A 50-year-old man receives a jury verdict for injuries sustained in a rear end MVA.
A case brought on behalf of a 5-year old who was struck and dragged by a vehicle after buying ice cream settles for $8.3M.
After 6 years of litigation and on the eve of trial, the insurance company made their first offer of $3 million. Our client, who was working on a construction project as a flagger sued the general contractor for failing to provide a required spotter whenever they moved equipment at the site. As a result, an excavator struck the flagger who was standing within the work zone. As the trial proceeded, the insurance company increased their offer to their full insurance policy of $6 million. The defense at trial focused on our client’s actions of improperly standing inside the construction zone and failing to react when the backup beeper on the excavator was sounding. After the liability trial, the general contractor was found 55% responsible. During the injury phase of the trial the general contractor agreed to pay an additional $1,500,000 above the policy limits.
Attorney Michael Feldman obtained a $7.5 million verdict for a family who lost their 24-year-old son in a terrible preventable drowning event. The tragic event incident happened occurred when an Air B&B owner decided to make his property available via a deceptive advertisement. While the property was adjacent to a pond, it was not a calm or shallow pond as he claimed. In fact, there was a power plant that had turbines under the water to generate the power. The Air B&B owner provided kayaks, but in violation of the navigation law, failed to provide the required personal flotation devices. He also failed to disclose the currents and that posted in the woods were plenty of no swimming signs. Even though our client received an A in swimming while in high school, and he kept it up while as a medical student, the unexpected currents caused his kayak to capsize and he was unable to get to shore. After 5 minutes of struggling and while his friends desperately tried to save him, he went under one last time. His body was found near the power plant the next day. New York State does not allow for pecuniary loss (damages that we can quantify in financial terms) as he had no dependents, and the judge refused to allow the jury to deliberate regarding the economic losses to his parents. The only thing left to argue was conscious pain and suffering and fear of impending death. After two hours of deliberation the jury awarded $7.5 million. With interest, the total award is $13,000,000.
On February 27, 2019, a Dutchess County Jury issued a verdict against the Portland Stoneware Company and their driver, Christopher Pelletier, for a July 11, 2016 crash on Interstate 84. Pelletier was tail-gaiting and caused a 4 car pile-up in a construction zone. Traveling over 50 MPH, the Portland Stoneware truck driver first hit a car driven by Dennis Richmond of Keene, New Hampshire, causing Richmond to enter the median. The truck then struck an SUV driven by Sally DeWinkeleer of North Carolina. The DeWinkeleer vehicle was pushed forward into the rear of the tractor-trailer. The crash caused DeWinkeleer to break her leg, back and sternum. DeWinkeleer required four surgeries, spent nearly 40 days in the hospital and many months rehabilitating.
After a three week trial in Dutchess Supreme Court in front of Justice Rosa, a jury found Portland Stoneware Company fully responsible for the crash and awarded a total verdict of $6,872,00 to Mrs. DeWinkeleer’s for her past and future medical bills as well as for her significant pain and suffering. After the verdict, her lawyer, Michael Feldman of Finkelstein and Partners in Wappingers Falls said, “We asked the jury to hold the trucking company accountable for all the damage they caused to Sally. While we are grateful for the verdict permitting Sally to get the future surgeries her doctors said she will need, we are especially thankful this jury chose to hold the defendant accountable and ignored their efforts to avoid responsibility.” This case was handled by Managing Partner Andrew Finkelstein, Trial Partner Michael Feldman, and Managing Attorney Elyssa Fried-DeRosa.
A passenger aboard a motorcycle settles injury case for $5.9 million after sustaining serious injury to lower extremity requiring multiple surgeries.
The insurance company for a tractor-trailer company agreed to pay $5,700,000 after their insured caused a multi-car crash on a New York highway. One of the people in one of the demolished cars required several surgeries to repair multiple broken bones. Ultimately the insurance company agreed to a settlement that covered both pain and suffering and all projected future medical expenses. The case was settled by Managing Partner Andrew Finkelstein.
Our client was catastrophically injured when the vehicle he was traveling in, which was stopped at a red light, was rear-ended. As a result of the impact he was paralyzed from the neck down and will never walk again.
A confidential settlement was entered with a manufacturer of a product that caused catastrophic injuries to our client. The case was particularly challenging because the actual product that resulted in our client’s death was misplaced while lifesaving efforts were being performed. The manufacturer claimed without the product, a jury would not hold them accountable. However, through extensive research, we were able to obtain the exact serial number of the product by obtaining the sales receipt of where it was purchased. After obtaining the sales receipt, we were able to show the product was on a production line that made other defective products. The case was settled at mediation for $4,750,000. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson.
On a November afternoon our client was driving his box truck on Route 84 in Putnam County when he came upon a broken-down truck in the right-hand lane. The disabled truck had an electrical malfunction, and the flashers were inoperable. The driver of the broken-down truck failed to put out he required cones warning drivers the truck was immovable. Our client saw the truck in the distance and there were no clues the truck was disabled. As he was traveling down Route 84, our client was checking his rear-view mirror and for vehicles in the passing lane. Once he realized the broken-down truck was in fact not moving at all it was too late. The front of our client’s truck hit the rear of the broken-down truck. Our client suffered a serious injury to his leg that required surgery and left him unable to drive trucks. Ultimately the case was settled at a mediation for $4,000,000. The case was handled by Managing Partner Andrew Finkelstein and Trial Attorney Brian Acard.
When property owners are told about hazardous conditions on their property, they must take action to cure the defective condition, so no one gets hurt. In this case, the property owner was renting an office space to a home health aide service provider. Prior to renting the property, an inspection was performed and a loose toilet seat in the handicap stall was reported to the owner. The owner ignored the warning and allowed the new tenant to take possession. An employee of the home health aide company was wheelchair bound due to a prior condition. As she was transferring from her wheelchair onto the toilet seat, the loose toilet seat slipped off the toilet, throwing her to the ground and breaking her neck. After several surgeries she was rendered paralyzed. Through hard work by our team, headed up by Partner Elyssa Fried, Michael Feldman and Andrew Finkelstein, we were able to find the inspector who testified they told the owner about the loose toilet seat before the event happened. The case was settled before trial for $4,000,000, which included the waiver of a $1,750,000 Workers’ Compensation lien.
A seven year old boy was playing in his driveway as a commercial landscaper mowed his lawn. Suddenly, the mower ran over a baseball on the lawn which became a projectile that struck the child in the head and fractured his skull. The boy required extensive surgery to repair the skull damage and suffered damage to his motor skills in his leg as well as cognitive problems.
Our claim involved the defective design of the commercial lawn mower, which allowed the operator to raise and lower the guard without ever leaving the seat. Our engineering expert indicated that this design violated the standards in the industry for commercial mower safety and the defective design was the direct cause of the injury to the boy. Finkelstein & Partners also claimed that the landscaper failed to police the lawn for objects before mowing. The case was settled at mediation which will pay the child the total certain amount of $4,087,077.00 over the course of his life. The case was handled by Managing Partner Andrew Finkelstein and Senior Trial Partner George Levy.
The general contractor hired to replace a roof at a Church in Poughkeepsie failed to provide the necessary fall protection to the roofers. While removing slate tiles, our client slipped off the roof and fell 15 feet to the ground. Had there been the appropriate scaffolding or a tie off the injury never would have occurred. We brought a lawsuit claiming the general contractor violated labor law Section 240 that protects all construction workers working at a height. Our client broke his heel and needed surgery. At trial the injured construction worker was awarded monies for his pain and suffering, lost wages, and medical bills. The total awarded was $3,768,087. The case was handled by Managing Partner Andrew Finkelstein and Managing Attorney Melody Gregory.
An aide who lives in a group home for mentally disabled fell asleep while driving a resident to a dental visit. The aide crossed the center line and struck another vehicle head-on. The group home resident suffered a broken neck and low back. Surgery was required to rebuild his neck and low back. Eleven months after the initial surgeries one of the screws supporting his lower spine broke. Two more surgeries were required to remove and replace the hardware. The defense attorney argued since there were no lost wages, any award for pain and suffering would not be used for the injured’s benefit given his mental disability. We argued the group home he still lived in was not appropriate housing for someone with spinal injuries. At trial, our expert presented testimony regarding the cost of the group home that specializes in caring for spinal injured people. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Michael Feldman. During trial the insurance company offered $3,500,000 which was accepted by the guardian of our injured client.
When our 30-year-old client entered a Bronx hospital with shortness of breath, her Mom thought everything would be fine. Two days later she was dead. The cause of death was Acute Respiratory Distress Syndrome (ARDS), but the hospital never told anyone she had this and she was very healthy when she entered the hospital. Had the hospital performed the standard testing, they would have discovered the timely and been able to save her. Together with co-counsel, a lawsuit was started. After depositions of the doctors and the hospital representatives, the case was settled for $3,250,000. The case was handled by Managing Partner Andrew Finkelstein with co-counsel.
Rosendale, NY—Our client, a 31 year old male, fell through a hole in a metal roof on a jobsite where he was working as a welder, installing the roof decking. He was pulling welding lead from one part of the roof to another when he fell eighteen feet to the ground. Our client suffered herniated discs, mild traumatic brain injury along with anxiety and depression. The jury found no negligence on our client’s part, after a long trial the case settled for 3.2 Million by Attorney David Gross and Trial Attorney Kenneth Fromson.
Newburgh, NY Our client, was 31 when, while working in December 2006 as an ironworker on a new building in Rosendale, he fell through a hole meant for a hatch in a partially built roof, landing on his back 18 feet below. Our client suffered a herniated disk in his lower back and a mild traumatic brain injury. Surgery was unsuccessful in alleviating his unremitting back pain. Our client sued the property owner and general contractor. After a two-week trial on liability issues, the judge directed a verdict on one section of the case and the jury found two other issues. As the parties prepared to pick a jury for the damages portion, of the case, the sides agreed through mediation to settle for $3.2 million.
When suing the State of New York for a poorly designed road, the trial is heard not by a jury, but by a State-appointed Judge. George Levy, a former Assistant Attorney General for the State of New York, successfully argued the State failed to correct a road following multiple crashes at the same location. The Judge agreed and held the State fully accountable for the one car crash that killed a wife and mother of two from Dutchess County. Mr. Levy argued successfully that the children not only lost their parental guidance, but also religious guidance. The children’s Mom actively brought the children to Sunday school and church. Following her death, the father did not actively bring the children and the Court made a substantial award for lack of religious guidance. Case was handled by Senior Trial Partner George Levy.
After first hiring a different injury firm, our client realized his case was too big for them to handle. After hearing the facts of his case, Andrew Finkelstein agreed to take on the case and replaced the other law firm. Due to complex medical issues, Finkelstein & Partners hired an expert to review all of the records and explain how the claimed injuries and surgeries were caused by the traumatic event. After jury selection, the insurance company agreed to settle the case for $3,000,000. All parties requested confidentiality regarding the settlement. The case was handled by Managing Partner Andrew Finkelstein, Trial Attorney Brian Acard and Managing Attorney David Akerib.
A Middletown man who was severely injured on a construction site has settled for $3 million during the second week of trial in Orange County Supreme Court. In 2001, our 52 year-old client was working as a diesel mechanic during the installation of a sprinkler system in a building at Stewart International Airport when a pipe connection separated under water pressure and exploded. He was hospitalized for nearly four months due to his extensive injureies, which included being impaled by eight inch bolts. Attorney George M. Levy argued that that the defendant was negligent in substituting a pipe connection which did not comply with connection specifications or National Fire Protection Association standards. There was also a negligence claim against a second defendant for failing to recognize the unsafe substitution. Both defendants agreed to settle before the testimony of the plaintiff’s expert witnesses.
While driving home one evening in Wayne County, a drunk driver crossed over a double yellow line and crashed head-on into our client’s car. We immediately started an investigation and learned the defendant driver had been drinking and was above the legal limit. After starting the lawsuit Victoria Lightcap was able to settle the case for a total of $2,850,000. Case was handled by Trial Partner Victoria Lightcap
All constructions sites are dangerous, even when they are below ground. Our client was laying pipe in a ditch in Middletown that was dug by another sub-contractor. The general contractor failed to follow the proper building codes and shore up the walls of the ditch. While our client was in the ditch doing his job the walls collapsed, crushing him. While all of the defendants blamed our client, claiming he should have known better and asked for support structures, we were able to overcome these arguments and obtain a $2,800,000 settlement for the worker’s family. The case was handled by Managing Partner Andrew Finkelstein and Senior Trial Partner George Levy.
Newburgh, NY Our client, an 18-year-old man, was working on the dock in Newburgh unloading a trailer of steel beams when the boom of a large crane gave way and crashed down upon his left leg, crushing it. The owner of the trailer was his employer, however the crane was being leased to another company who was in charge of its operation. In this case the defendant knew that the crane boom was not working properly, yet despite that they allowed a worker to get into the cab while the boom was positioned above our client and while the crane was running. Our claim was that the failure of the crane was a violation of New York’s Labor Law. Our client suffered a great deal, having undergone numerous surgeries to salvage the multiple fractures in the leg, and may still need a hip replacement surgery in the future as well. After the accident he was able to return to college and received a degree in Business. Attorney: George M. Levy
Construction sites are always dangerous and New York has special laws to protect workers. General contractors must provide safety devices to prevent falling objects. Unfortunately, the General Contractor at a work site in Syracuse chose not to provide the very safety netting that would have protected our client. After a tool fell and struck our client in the shoulder, he was unable to work again in the construction industry following multiple surgeries. The case was settled just prior to trial by Trial Partner Victoria Lightcap.
While waiting for his tractor-trailer to be loaded at a warehouse, our client who was a Fed Ex driver was doing paperwork 5 feet from the rear of his truck. The warehouse in Rockland County had a defective dock-plate and rather than get it fixed, the warehouse worker just stacked heavy boxes on the plate to hold it down. As the warehouse worker drove his forklift over the dock-plate, the boxes tipped over on to the back of our 62 year old clients leg. Chronic Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD) are very painful conditions that are very difficult to treat. After trying a series of injections and various pain medications, our client opted to try a spinal cord stimulator. Unfortunately that did not work too well either and he is left to live in chronic pain. The case was settled at a mediation by Managing Partner Andrew Finkelstein and Trial Attorney Brian Acard.
In order to effectively tell our client’s story we often use case animations. These customized, lifelike depictions of the events that lead to our client’s injuries allow opposing council, and in some cases jury members/judges, to walk in our client’s shoes and gain a better understanding of how the ordeal unfolded.
A 23-year-old was driving in Monticello crossed over a double yellow line crashing into our client’s car. The force of the collision caused our client to lose consciousness and break five vertebrae in her low back. Initially, surgery was not required and the fractures were treated with a back brace. As the pain increased, surgery was necessary on her low back. The case was handled by Managing Partner Andrew Finkelstein, Trial Partner Ron Rosenkranz, and Partner Elyssa Fried-DeRosa. They were able to settle the case prior to depositions.
Our client was walking outside of an Albany Bank when he fell on black ice and suffered serious injuries. He hit his head and neck in the fall and was left unconscious. He was transferred to Albany Medical Center where he was treated for a brain injury. He was forced to undergo surgery to remove bleeding on the brain. Unfortunately, even after surgery, out client continued to suffer from symptoms often associated with TBIs (traumatic brain injuries), including headaches and dizziness. Attorneys Elizabeth Wolff and Kenneth Fromson were able to settle the case for $2.25 million dollars.
Our client’s husband knew her simple same day out-patient New Jersey laser spine surgery went horribly wrong when, rather than walking out of the surgery center she was rushed by ambulance to University Hospital Trauma Center in Newark, NJ. Turns out, the surgeon cut a large vein that carries deoxygenated blood into the heart called the vena cava. The simple surgery turned into a 9-hour operation that required an incision from the bottom of her stomach, up and across her breast just to save her life. Fortunately, the vascular surgeon at the hospital was able to successfully repair the sliced vena cava. The case was handled by Managing Partner Andrew Finkelstein with New Jersey co-counsel. The case was settled prior to trial for $2,300,000.
After getting the call about their Dad being in a coma after being hit by a car, they did not know where to turn. A good friend told them to call Finkelstein & Partners. Having made the call to our office, we immediately investigated the scene where the crash happened. We learned that Route 45 and New Hempstead in Rockland County was adequately lit with no road design defects. The driver of the car who struck the pedestrian must have been distracted. The police report confirmed a distracted driver was the cause of the crash. We immediately sued the driver. Prior to depositions, the insurance company agreed to offer the full amount of all available insurance coverage. The case was handled by Managing Partner Andrew Finkelstein, Partner Elyssa Fried-DeRosa and Trial Partner Michael Feldman.
General contractors and property owners have the absolute responsibility to protect workers from falls of heights. New York Labor Law Section 240 requires it. When our client, a roofer, was not provided a tie off or appropriate scaffolding that would have protected him from falling from the roof he was working on, he fell to the ground and was killed. After starting a suit and conducting depositions, the Judge agreed the general contractor and property owner failed to provide the very safety device that would have prevented our client’s death. The case was settled for $2,300,000 by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson.
During a normal vaginal delivery, it is not uncommon for there to be tears in the perineum. OBGYN’s are trained to examine the severity of the tear and take appropriate action. A proper post-delivery examination is more than a visual inspection because internal tears cannot be seen. Unfortunately, our client’s doctor performed only a visual exam and failed to diagnose that the tears extended to our client’s sphincter. As a result, the physician did not properly suture the tear leading to significant on-going problems. The case was brought in Poughkeepsie in the Supreme Court in Dutchess County. Just prior to trial the negligent doctor consented to the insurance company offering $2,250,000 of the available $2,300,000 available insurance policy. The case was handled by Trial Attorney Jeff Brody.
A Hudson Valley nursing home and their food delivery service company was held accountable for ignoring clear doctor’s orders to provide only soft food to a resident due to the resident’s disability. We discovered during our lawsuit that the doctor’s orders were clearly given to both the nursing home and the food service company but neither had sufficient protocols and systems in place to ensure the doctor’s orders were in fact followed. Shockingly, our client was served a hard-boiled egg which caused her to choke to death. This was precisely what the doctor feared and was completely preventable. Our clients family brought this lawsuit to make sure this does not happen to other nursing home residents. They are satisfied that the $2,250,000 will awaken the nursing home administration and change their ways. The Elder Law Nursing Home Abuse & Neglect Legal Team for this case included Andrew Finkelstein, Michael Feldman, and Mary Ellen Wright.
Owners and General Contractors are required to provide safety devices that protect all workers on a construction site from falling from heights. Our client was a steam fitter working on a ladder installing overhead pipes. Due to the height of the work, the ladder was required to be secured and this was done by a co-worker whose job was to hold the ladder while our client was installing the pipes. During lunch, his co-worker was fired on the spot and our client was told to either complete the work or get another job. That afternoon, while at the top of the ladder, the ladder shifted and he fell eight feet to the ground, seriously breaking his heel. The fracture required surgery. The case was settled prior to trial and was handled by Managing Partner Andrew Finkelstein and Trial Partner Michael Feldman.
Walking through a parking lot should be a safe experience. Drivers must look before they back up. Unfortunately, when a 72-year-old driver got into her parked car after shopping at a shopping plaza in New Hyde Park in Nassau County, she put her car in reverse and just backed up without looking. Walking in the middle of the parking lot was our client. The driver did not know what she hit and just kept on going in reverse dragging our client 15 feet. Unfortunately, he succumbed to his injuries at the scene and was never able to say goodbye to his wife, three children and eleven grandchildren. The insurance company argued New York wrongful death law only provides for loss-wages and since he was retired they were not going to offer much. We were able to show the loss of guidance the patriarch of the family provided to everyone. Eventually, the case was settled just before trial for $2,000,000. The case was handled by Managing Partner Andrew Finkelstein, Managing Attorney Elyssa Fried and Trial Attorney Sharon Scanlan.
When parents allow their kids to go on school trips they expect adequate supervision. That’s just what our clients thought would happen when they let their 7th grader in a Binghamton school district middle school take a class science trip. Part of the science exhibition was demonstrating a huge sling shot. Water balloons were being propelled 40 yards. Our client was standing 60 yards down the field talking to some friends when a water balloon struck her in the face causing her to lose an eye. The school should never have allowed kids to stand within the landing zone of these water balloons. Ultimately the School District entered a $2,000,000 settlement that was approved by the Judge. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Victoria Lightcap.
After litigating a Bronx car crash case against Con Ed for three years and not getting any offers, a Manhattan personal injury firm asked Andrew Finkelstein to help at trial. The NYC lawyers were concerned because Con Ed conducted surveillance of the client, who had shoulder and spine surgery, showing her walking across the street and grocery shopping. Several focus groups were conducted and explained how the surveillance did not show the client was exaggerating her injuries at all. Our client’s injuries happened when a Con Ed truck turned left in front of our client’s car on East Tremont Avenue in the Bronx. Trial Partner Michael Feldman told Con Ed we were prepared for trial and the case settled just before jury selection for $2,000,000.
After open-heart surgery at Albany Medical Center, it was discovered our client was exposed to a bacterial infection due to a defective machine used during the bypass surgeries. We sued the machine manufacturer for their failure to make the machine in a sterile environment. Bacteria can sit latent and undetected for several years. Our 67-year-old Vietnam Veteran client suffered from a bacterial infection due to the machines use during his open-heart surgery. Managing Attorney Mary Ellen Wright, Trial Partner Kenneth Fromson and Andrew Finkelstein actively litigated the case and held the manufacturer accountable. The case was settled for $1,995,000.
Rather than focus on the road, the driver of a telephone company truck was looking at his cell phone and did not see our client stopped, waiting to make a left turn. As a result, the 16,000-pound truck hit our client’s car in the rear causing a serious injury to his neck. This was the last thing our 40-year-old client needed, because he was already out of work due to a previous on the job low back injury. His neck injury required a fusion to his neck. After the depositions of all the parties, the Telephone Companies insurance company agreed to mediate the case. At the mediation, the case was settled by Managing Partner Andrew Finkelstein for $1,950,000.
It was a clear, sunny day when our client was waiting to turn into a gas station and was hit in the rear by a company van. Since our client was working, he initially hired his Workers’ Compensation lawyer to help him recover both Workers’ Compensation benefits and from the company that caused the crash. After a few months of nothing happening he contacted our office and we replaced the Workers’ Compensation lawyer. We immediately started a lawsuit since our client suffered an aggravation to a prior neck injury. The aggravation was so severe it required a fusion surgery to his spine. After depositions we were able to settle the case for $1,950,000. The case was handled by Managing Partner Andrew Finkelstein and Senior Trial Partner George Levy.
While working on a roof in Kingston, a general contractor failed to provide adequate fall protection as required by the Labor Law Section 240. Had the fall protection been provided as required by the safety law, our client never would have been injured or fallen 27 feet to the ground below. Following multiple surgeries to his leg, our client was ultimately able to return to work. The case was settled for $1,850,000 by Trial Partner Kenneth Fromson.
Lawyer Turns to Finkelstein & Partners to Help Client
When a Hudson Valley lawyers client told him he fell from a ladder when he was building the Barclays Center in Brooklyn, he turned to Finkelstein & Partners for help. We quickly filed a claim against the owners of the Barclays Center, as well as the general contractor on the job. New York construction law requires owners and general contractors provide fall protection for workers exposed to height related injuries. Had our client been provided a mobile scissor lift for the job he would not have fallen 15 feet and broken his big toe. The break was so significant he required surgery to repair the bones. Unfortunately he developed traumatic arthritis which prevented him from returning to his job. The case was settled for $1,800,000 by Andrew Finkelstein.
While on a road construction job site on Route 84 in Brewster, our 62-year-old client, a union ironworker, was hit by a piece of iron that came loose while it was being lifted by a crane. The crane crew improperly secured the iron and the load came loose during the hoist. We successfully held the owner of the property accountable under Labor Law 240. Fortunately, our client was wearing his hard hat because the falling iron struck and cracked his helmet. The crack caused a significant cut requiring 12 stitches. The blow to his head resulted in a traumatic brain injury causing problems with his concentration and memory. He also injured his neck and required surgery. After several years of litigation by Managing Partner Andrew Finkelstein & David Gross, the case was settled at mediation by Trial Attorney Sharon Scanlan for $1,750,000.
Our client, a New Paltz woman, underwent surgery to repair muscle damage that occurred during the birth of her second child. She subsequently developed an abscess and underwent four surgeries to drain the infection. A jury determined that the defendants failed to meet the required standard of care by failing to properly treat an infection. If the infection had been properly diagnosed her injuries would have been completely reversible. This case was handled with co-counsel.
We recently settled a motor vehicle case for a single mother using mediation as an alternative form of dispute resolution. Our client, an Orange County resident, was traveling eastbound on Route 17M in Goshen, New York when the defendant made a left turn into the side of her vehicle. The collision resulted in our client sustaining multiple fractures. She endured several surgeries and ultimately her injuries prohibited her from doing either of her two jobs, putting her and her children in dire financial straits. By using this strategy we were able to save our client the expense and stress of preparing for and going to trial. When mediation is successful our clients are able to receive their much-needed settlements faster. Finkelstein & Partners, LLP Firm gives our clients access to all information needed to make informed decisions. In this case the client’s decision to utilize alternative dispute resolution through mediation resulted in a $1,700,000 award.
Working from a height adds significant dangers to workers. That’s why in New York Labor Law Section 240 puts the obligation on the general contractor and owner to make sure workers have safety devices to limit the risk of falls. The general contractor failed to provide our client with the necessary tie-off for his ladder, causing him to fall 17 feet to the ground, seriously injuring his ankle. A Judge agreed with our position – that the fall was entirely preventable had the general contractor provided the requisite safety devices. The case was settled by Senior Trial Attorney George Levy for $1,700,000.
While in the crosswalk and crossing Consaul Road in Schenectady, our 32-year-old single client was struck by a driver who failed to yield the right of way to the pedestrian while he was executing a left turn. The initial impact caused blunt trauma to our client’s legs but she did not break any bones. She went to the hospital where she was treated and released. Over the next few days, her legs began severely bruising. Unknowingly, she had developed a clot that traveled to her lungs and caused her immediate death.
As of the writing of this report, the Governor has the Grieving Families Bill that overwhelmingly passed the NY Assembly and the NY State Senate. The law, once signed, will recognize the grief and hardship felt by our client’s Mother and Sister.
However, until the Bill is signed into law, the only recovery available in New York is the three days of pain and suffering she felt. The case was ultimately settled by Managing Partner Andrew Finkelstein and Trial Attorney Jeff Brody.
The Hoboken Path train station is a busy place during rush hour. Everyone knows this, especially the Port Authority. When Port authority found a hole at the bottom of a stairway, rather than fix it, they put a thin metal plate over the hole without securing to the ground. When our client stepped on it, the metal plate slipped out causing him to fall on to both knees, tearing the quadriceps in both legs. Multiple surgeries were required and our client now requires a cane to walk. Had the Port Authority properly secured the metal plate, the fall never would have happened. The Port Authority agreed to settle the case just before jury selection for $1,625,000. Case was handled by partners Andrew Finkelstein and David Gross.
This was an unusual dog bite case where the ownership of the animal was in dispute. After being found unfit as adopters by a local Humane Society, the Defendants prevailed upon their employee, Plaintiff’s mother, to adopt the dog for them. The agency felt these older Defendants were physically incapable of managing the large, active dog but Defendants nonetheless took the animal into their home as a pet. When their physical infirmities worsened, Defendants asked Plaintiff’s mother to care for the dog temporarily, which she agreed to do. It was during this temporary custody that our 12 year old client was bitten in the face, causing terrible tearing injuries. She has suffered significant disfigurement which will require long term therapy as well as future plastic surgery to try to revise her scars. This case went to trial and a jury determined the defendants to be liable for the dog’s actions. Ther personal injury team responsible for handling this case included George Kohl, Andy Spitz, Edward Steves, Kenneth Fromson and Managing Partner Andrew Finkelstein.
When a Pennsylvania warehouse owner needed the solar panels replaced on his roof, he called our clients employer. Our client was a solar panel technician and was told to enter the roof through a cat walk in the ceiling. The owner never told our client the cat walk was not intended to be walked on. Our client stepped on what looked like plywood flooring in the cat walk, but it actually was balsa wood. After stepping on the balsa wood, he fell through the ceiling to a hard floor 26 feet below suffering serious injuries. The warehouse owner claimed our client was not authorized to enter the cat walk and was supposed to gain roof access via an outside ladder. After years of litigation in Philadelphia, the case was settled at a mediation for $1,500,000. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Ken Fromson.
Our client, a 25 year old Newburgh, NY man, was working for a large cable company installing fiber optic cable. He was helping to hitch a trailer to a pick up truck when the trailer shifted on its own and the steel hitch swung and hit him in the ankle. He suffered a fractured right leg and a dislocated right ankle. Both injuries required surgery with installation of hardware. Further surgery was required after 60 physical therapy sessions did not help his pain. His doctor stated he will need an ankle fusion in the future. Our Finkelstein & Partners’ attorney settled this case before trial. Senior Trial Attorney: George Levy
While installing fiber optic cable in the Hudson Valley, the contractor failed to properly secure a trailer that was used to hold the spools of cable before unhitching the trailer. Nearly a ton of weight fell on our client’s foot, crushing his ankle. The contractor refused to accept any responsibility even though someone else was hurt in a similar way before. Finkelstein & Partners successfully sued the contractor with a Judge finding them 100% responsible for this preventable gravity related event. The Judge agreed had the contractor used basic cribbing to support the trailer before unhitching it, this event never would have happened. Ultimately, just before trial, an offer of $1,500,000 was accepted by our client.The team for this case included Ronald Rosenkranz, Andrew Finkelstein, David Akerib, Duncan Clark, and Andrew Spitz
Ulster County, NY—Our client, a 35 year old female, was rear-ended while in the course of employment. She sustained herniations that required surgery. Due to injuries, she was unable to return to work. Attorney: Kenneth Fromson
$1.5 Million – Garbage Company Pays To Motorcyclist For No Reflectors On Dumpster Near Construction Site
A construction contractor ordered a dumpster for industrial waste during renovations of a Newburgh commercial building, but the garbage company left the dumpster in the public street without cones or warning signs. There were no lights on the road and the dumpster didn’t have any reflectors or markings. The night the dumpster was delivered, our client was on his motorcycle on his way to work at the post office mail sorting plant. He was following a car when, without warning, the car swerved to avoid the dumpster. The motorcyclist also swerved to the left, but his right ankle clipped a metal piece sticking out of the base of the dumpster. Our client suffered a significant broken leg that required two surgeries to repair. Fortunately, he was ultimately able to return to his job at the post office. We sued the garbage company for leaving an unmarked dumpster on an unlit public road. The simple truth is this would never have happened if the dumpster was left on the private property next to the construction site. Ultimately the insurance company agreed to settle for $1,500,000. The case was handled by partners Andrew Finkelstein and Elyssa Fried.
After undergoing a significant spinal surgery, the hospital nursing staff failed to properly monitor a patient as to avoid predicable bad outcomes. One day after surgery, while recuperating, our client was feeling better but was very tired. In the late afternoon, he fell asleep. Rather than monitor his condition, the nurses simply thought he was resting. Unfortunately, our client was not resting, but had suffered a minor stoke and was in kidney failure due to his blood pressure dropping from the anesthesia. A lawsuit was started and our expert showed multiple supervisory failures by the hospital staff. The case was ultimately settled for $1,350,000 by Managing Partner Andrew Finkelstein together with co-counsel.
This tragic case involves the wrongful death of our 28-year-old married woman who, when returning home from her close friend’s birthday party, a drunk driver was driver was driving the wrong way on Sunrise Highway in East Quogue and struck her car head on killing her. The drunk driver also was killed in the crash. While our client had no children yet, she left a loving husband whom she was planning on starting a family. The insurance company tried to rely upon the existing NYS Wrongful Death law that limits recoveries to financial loss and does not recognize the widowers’ emotional losses. Ultimately, we were able to persuade the insurance company to offer their full policy limits totaling $1,300,000. The case was handled by Managing Attorney and Partner Elyssa Fried and Trial Partner Michael Feldman.
A drunk driver entered the westbound lanes of Sunrise Highway in East Quogue going east. Our client had just come from a friend’s birthday party and was traveling west on Sunrise Highway when the drunk driver struck her car head on. The force of the impact was so strong, both our client and the drunk driver traveling in the wrong direction died. Our 28-year-old client left her husband, whom she married only nine-months earlier. The case was settled for the full amount of all available insurance by Trial Attorney Michael Feldman.
When the father of a 13 year old boy agreed to let him go on vacation with his son’s friend’s family to Dale Hollow Lake in Tennessee he thought he would be properly supervised. Unfortunately, the resort they were staying at allowed the families to rent jet ski’s without showing them safety training videos and did not require riders to sign disclosures limiting riders to appropriate ages. The parents who were in charge let 3 kids under the age of 13 to ride jet ski’s unsupervised. That’s when one of the children lost control of her jet ski and ran into our 13 year old client, causing very serious injuries. Because we felt the resort was partially responsible, we brought a law suit in Picket County, Tennessee, where we sued the supervising parents and the resort. Just before jury selection the insurance companies agreed to settle the case for a total of $1,317,000. After we placed the settlement on the record in open court, the presiding judge told us this was the largest settlement that has ever occurred in Picket County. This case was handled by trial attorney Brian Acard and managing attorney David Gross.
A Washington County jury agreed with our position that our client’s injuries never would have happened if the general contractor followed Labor Law Section 240 and provided safety devices. After hearing about the injuries and surgeries needed the jury rendered a verdict just over $1,300,000. The case was handled by Trial Attorney Marshall Richer.
It was a beautiful Saturday afternoon in the summer and our client was on his way home on his motorcycle when a car ran a stop sign. The impact was directly to his right leg and caused multiple fracture legs. He was airlifted to the hospital where, after several hours of surgery, his leg was saved. We immediately investigated the crash and found two witnesses who confirmed the driver of the car passed the stop sign without stopping. We immediately started a lawsuit to hold the reckless driver accountable. Once we learned there was only $1,250,000 of insurance on the car, a letter was sent to the CEO of the insurance company advising a deadline within which to pay their full policy and failure to do so would result in us seeking a personal judgment against the driver of the car they insured. Once the CEO learned of the severity of the injuries caused and the independent witnesses we uncovered, the full policy was paid withing the time frame we provided. The case was handled by Managing Partner Andrew Finkelstein and Partner Elyssa Fried.
When turning left onto a four-lane road, a driver failed to turn into the center lane as required. Instead, the turning driver drifted across the lanes of travel and sideswiped our 80-year-old client who had just made a right on red. The defense tried to blame our client, but a jury saw right through it. At trial we showed how the left turning driver violated four sections of the Vehicle and Traffic law while our client did nothing wrong. The jury found the left turning driver 100% responsible for the crash. As a result of the sideswipe crash, our client’s head struck the driver’s window. He was dazed at the scene, was taken to the emergency room where he was released a few hours later with some Tylenol for his headache. The headache remained every day, and a week after the crash our client collapsed from the blood clot that had formed on his brain. Immediate brain surgery was performed, and the blood clot was evacuated. The case settled for the full amount of available insurance, $1,250,000. The case was handled by Trial Attorney Michael Feldman and Managing Partner Andrew Finkelstein.
Distracted drivers are a danger to anyone on the road, including our two-year-old pedestrian who happened to be in a cross walk. When making a left-hand turn drivers must pay full attention instead of choosing to change the radio station. As result of that choice, our client was dragged several feet and suffered serious burn injuries. Ultimately Trial Partner Kenneth Fromson was able to settle the case for over $1,255,000.
New York has a Wrongful Death Law that is the worst in the country. The law does not recognize the grief and sorrow a family member goes through when their loved one is unexpectedly killed by a negligent party. Technically, the only recoverable “damages” available to compensate the family are the loss of services the deceased person provided. This law is particularly cruel when the wrongful death is to a child or a retired person. That did not stop our lawyers from pursuing a wrongful death case for the mom of a high school student who was killed when he was a passenger in a driver’s education car when the instructor was not paying attention and the fellow student entered an intersection in front of a tractor-trailer. While we were unable to prove any conscious pain and suffering, we were prepared to let a jury determine what loss our client’s mom suffered. Ultimately the insurance companies involved agreed to a total settlement of $1,250,000. While money can never replace a loved one, given New York laws limitations, this was one of the largest recoveries for a wrongful death case of a teenager. The case was handled by Managing Partner Andrew Finkelstein.
Orange County, NY Our client, a retired police officer, was caring for his ailing mother. His plan was to return to work as a security officer after her passing. However he was rear ended and as a result of injuries sustained from the motor vehicle collision, he required cervical fusion surgery. The first surgery was unsuccessful and a second was required. The injuries and subsequent necessary surgeries left him unable to return to work in any capacity. Attorney: Elizabeth A. Wolff
$1.25M jury verdict in favor of a passenger who suffered numerous injuries when the real estate agent she was traveling with failed to stop at a stop sign and collided with another vehicle.
When a 65 year old Dutchess County resident was driving in Connecticut he never thought he would end up in a Danbury Connecticut hospital for 3 weeks. Unfortunately that is what happened after a lone drunk driver crossed over a double yellow line and struck him head on. Our client nearly died and required multiple surgeries for several broken bones. The drunk driver did die in the crash. We attempted to recreate where the drunk driver had come from so we can hold the server of the alcohol responsible. Unfortunately, there was no digital foot print left by the drunk driver as he did not have a cell phone. No bar within a 25 mile radius had any credit card receipts for him. It remains a mystery where the drunk driver was before the crash. Our client wanted to put this behind him and accepted the full amount of insurance available ($1,250,000) on the car that struck him. The case was settled by our Connecticut lawyer, Ken Bartlett.
Building owners and general contractors must provide safe places for sub-contractors to work – even when it is on a roof. A major corporation in Fishkill, NY hired a general contractor to do renovations to several of it’s buildings, including the flat roof. There was a snow and ice storm overnight and the flat roof was very slippery. Since the job was already shut down a few days earlier because of dangerous work conditions, the general contractor had to meet their deadline and chose to send workers on the roof without even salting or shoveling the roof. As our client walked across the roof he slipped on the ice and severely broke his wrist. After four surgeries, including a fusion to the wrist, our client was finally able to return to work. The case settled before a Columbia County jury heard the case for $1,250,000 by Trial Partner George Levy.
While riding his Harley Davidson Rocker on a quiet country road in Hillsdale, Columbia County, New York, when a driver of a BMW pulled out from a stop sign attempting to cross in front of the motorcyclist. The police issued a ticket to the BMW driver for failing to yield the right of way. Unfortunately, the insurance company for the BMW refused to accept full responsibility for the crash so we were forced to start a lawsuit. During the lawsuit we asked the Judge to find the BMW 100% responsible for the crash. The Judge agreed with our position and granted Summary Judgment against the BMW driver for causing the crash. Rather than face the continued 9% interest due following the award of Summary Judgment, the insurance company agreed to pay $1,200,000 to our client who broke his leg during the crash. The case was handled by Partners Elizabeth Wolf and Andrew Finkelstein.
Stony Point New Yorkers know how dangerous Route 9W can be when drivers coming in the opposite direction are texting. Our 56-year-old client’s fears became reality when she was Southbound on 9W heading to Congers and a 17-year-old Northbound distracted driver crossed over and hit her car head-on. Due to the crash our client required surgery to her knee and low back. She also suffered a concussion that resulted in her being unable to return to her job as an emergency room nurse. After being offered only $100,000 by Allstate, the insurance company for the car, we asked a jury to hold the distracted driver accountable. The Rockland jury issued a verdict totaling $1,220,000. The case was tried by Trial Attorney Michael Feldman.
A $1,200,000 settlement was reached for the Estate of our client, who was killed by malfunctioning machinery at his job. A 37 year old Guyanese immigrant who took the steps to become an American citizen, he was working at a mattress factory even though he was eligible for unemployment after being laid off from his previous employment. In fact, he would have made more money on unemployment, but chose to work instead to be a role model for his children. He was working with a machine that wraps mattresses in plastic. The plastic jammed, and our client shut off his machine and went underneath to release the plastic. The machine malfunctioned and started up again. It pulled him into the machinery, crushing him. This case settled at Mediation by attorneys George Levy and Elyssa Fried-DeRosa.
While driving home from work a fuel truck failed to yield the right of away and crashed into our 52-year-old client. Initially our client did not go to the hospital because there were no broken bones. Over the next few days his shoulder pain increased. More alarming, however, was the constant headache that just did not seem to be going away. Our team of trained traumatic brain injury lawyers recognized the mild concussion may result in lifelong symptoms. We encouraged our client to treat with concussion specialists and he is very grateful we did. The head injury caused a visual defect which we were able to show was caused by the car crash. Even though there was no testing to confirm the brain injury, we were able to settle the case for $1,150,000. The case was handled by Partner David Gross and Trial Attorney Chris Camastro.
The Palisades Interstate Parkway runs from New York City through Rockland County. Our client was travelling on Townline Road in Orangetown, when a car exited the Palisades failed to stop at the stop sign at the end of the exit ramp. As a result of the crash our 37-year-old client seriously injured his neck. Initially, he hired a lawyer who failed to take his case seriously because his doctor told him two years earlier he needed surgery on his neck, but he did not have the surgery until after this crash. Eventually, he fired his prior lawyer and hired Finkelstein & Partners. We immediately started a lawsuit and aggressively pursued the case. The case settled prior to trial by Trial Partner Michael Feldman and Managing Partner Andrew Finkelstein.
$1.15 Million Settlement – Distracted Driver in Supermarket Parking Lot Held Accountable for Hitting Shopper
Two days before Christmas a driver of a Dodge pick-up truck was rushing to find a parking spot at a Hannaford supermarket in Lloyd, Ulster County, to get some last minute groceries for the holidays. It’s dark and raining. The driver is looking left and not paying attention to the car in front of him when suddenly the brake lights come on. The pick-up truck driver swerves to the right to go around the car in front. As he does, he doesn’t see the woman walking towards the supermarket. The right side view mirror of the pick-up truck strikes the head of our client, a 60-year-old woman, knocking her unconscious. The pick-up truck driver drives off leaving her on the ground in the rain. After visiting his wife in the hospital, our client’s husband called Finkelstein & Partners because he knew whoever did this to his wife needed to be held responsible. Our law-firm immediately obtained the video surveillance from the supermarket as well as the police report. After identifying the pick-up truck driver we started a lawsuit. Due to the crash our client suffered a mild traumatic brain injury that resulted in her losing her sense of smell and partial loss of sense of taste. The insurance company for the pick up driver initially didn’t believe our client and offered only $100,000. That all changed once we sent the reports from our experts that clearly showed the mTBI caused a confirmed lack of smell and taste. Rather than proceed to trial in Ulster County the insurance company agreed to settle the case for $1,150,000. The case was handled by partners Andrew Finkelstein, Kenneth Fromson and David Gross.
Commercial property owners must make sure all workers on their property are protected from falling objects during construction or demolition. During demolition of a warehouse in Fishkill, in Dutchess County, the warehouse owner did not require the appropriate safety device be used when removing steel beams weighing 600 pounds. As a result, one of the beams fell off a forklift and struck our client in the knee. Our 54-year-old client was a laborer and the beam broke his leg. He required two surgeries. Partner Elyssa Fried De-Rosa conducted an immediate investigation and was able to secure critical evidence to support the claim. Senior Trial Partner George Levy aggressively presented the case which was ultimately settled at a mediation for $1,150,000.
While replacing an awning over a doorway, a contractor failed to protect our client who was walking out of the doorway. The awning fell striking her in the head, causing a concussion. While 85% of people who suffer a concussion make a full recovery, our client was in the miserable minority who have long lasting effects. From dizziness to frequent headaches, the concussion symptoms never went away. Rather than face a jury, the contractors insurance chose to offer $1,100,000 which our client found acceptable.
While replacing an awning over a doorway, a contractor failed to protect our client who was walking out of the doorway. The awning fell striking her in the head, causing a concussion. While 85% of people who suffer a concussion make a full recovery, our client was in the miserable minority who have long lasting effects. From dizziness to frequent headaches, the concussion symptoms never went away. Rather than face a jury, the contractors insurance chose to offer $1,100,000 which our client found acceptable.
The case was handled by Partner David Gross and Trial Attorney Chris Camastro.
$1,100,000 Settlement : Landlord Responsible For Taking Short Cuts in Repairs To Fix Contractors And Framers Original Mistake
When a landlord elects to fix a support beam himself, he better do it right. As the cement garage floor settled in their New Windsor, NY house, the landlord saw the support column in the middle of the garage was no longer connected at the top. Rather than pay for a contractor to properly affix the column, the landlord simply tried to nail the column to the ceiling. The column was loose because the original contractor choose to use the wrong size support column and the original framer never properly affixed it at the floor or at the ceiling. The column was loose for years. After a fire in their own house, our clients needed to rent a home while the fire damage was being cleaned. They moved into the rental house and the landlord never warned them about the loose column in the garage. Within a few weeks of moving in, the 6 year old son was walking through the garage with his three year old brother when, as expected, a the six year old pretended the pole was a fire pole and swung around it. As he did, the pole gave way and landed on him, killing him. Our office immediately sent an expert to the house and properly documented the faulty work by the contractor and framer as well as the shoddy repair work by the landlord. Even though they tried to blame the boy for swinging on the pole, ultimately they were held accountable and agreed to settle the case for a total of $1,100,000. While the parents know no amount of money is going to bring their son back, they were happy the responsible parties were held accountable because they don’t want this to happen to anyone else. The case was handled by partners Elyssa Fried and Ron Rosenkranz.
When our 54-year-old client from Newburgh noticed a lump in one of her breasts, she immediately went to her doctor who sent her for both a mammogram and an ultrasound. After the tests she was told it was not cancer. Four months later, after the lump seemed to increase, she returned and underwent another set of tests. This time she was told she had stage III breast cancer. The radiologist was sued for failing to diagnose the cancer. The case was settled for the full $1,000,000 policy. The case was handled by Managing Partner Andrew Finkelstein with co-counsel.
Our 65-yr old client was driving with a friend when an oncoming car failed to stop at a stop sign and hit them. This caused our client to hit another vehicle as well. In addition to significant property damage to his vehicle, both our client and his passenger experienced serious injuries which required immediate medical attention. In the coming months, his injuries from the crash required him to undergo shoulder surgery, attend physical therapy over three times a week, and eventually he needed back surgery as well. The case was finally settled for $1 million and was handled by managing attorneys Michael Feldman and Kenneth Fromson.
Our client, a 52-year-old male was working on a roof in Upstate New York, near the Massachusetts border when he fell and was seriously injured. The owner and general contractor failed to provide the required safety devices that would have prevented the fall. He suffered numerous serious injuries, including broken ribs, fractures in both legs, a broken back that required 3 fused vertebraes, a broken left heel, and a splintered tail bone in which pieces entered his spinal canal and had to be vacuumed out. After an extended hospital stay he was transferred to a nursing home, and later had to undergo additional surgeries. Our client suffered continued pain and was unable to lift or carry anything of substance. Attorneys Elizabeth Wolff and Kenneth Fromson were able to settle the case prior to trial for $1 million dollars, the full insurance amount available.
While on only his third day at work, our client was putting on a metal roof on a barn when the wet roof caused him to slip. His employer failed to provide any tie-offs or scaffolding as required by the labor law. On commercial properties, the owner of the property is also required to make sure all safety devices are used during construction. We commenced a lawsuit against the property owner. The call caused our client to suffer a broken arm and “burst” vertebrae in his low back. The case was settled prior to trial for the full $1,000,000 of available insurance. The case was handled by trial partner Kenneth Fromson.
Dogs in cars often distract the driver. When excited dogs attempt to jump out of the car, drivers cannot pay attention to all of their surroundings. While dropping off his child at an elementary school, a father brought his dog for company for the drive home. As his child got out of the car at the designated drop off location, the dog tried to jump out. The driver reached forward to grab the dog but let his foot of the brake and rolled forward. The car rolled towards an elementary student. A fast thinking teacher’s assistant rushed to push the child out of the way but the car pinned her leg against the vehicle in front of the distracted dog owner. Our client suffered multiple broken bones in her foot, had a gaping wound to her ankle and tore several ankle ligaments. After undergoing several surgeries that required metal inserted into her foot to repair the bones, she also required plastic surgery regarding the significant scarring. She was left with a permanent limp. After we filed a lawsuit, the insurance company paid their full $1,000,000 of available insurance. The case was handled by Trial Partner Kenneth Fromson and Managing Partner Andrew Finkelstein.
Hartford, CT Our client was a retired, 67-year-old married man. He went to pick up pizza for dinner and was crossing the street when he was struck by a speeding vehicle. The defendant was driving his employer’s vehicle. Our client was in a coma from the time he was struck until he passed away a few days later. The case settled just before jury selection commenced. Attorneys: Kenneth Bartlett, Marshall Richer and Managing Attorney Andrew Finkelstein.
Our client, a Dutchess County nurse, retained us 4 ½ years post accident. She had originally retained another attorney, who had recommended she accept a $35,000 offer. We took over the case, brought it to trial, and obtained a $1,000,000 offer during jury selection. After exiting Interstate 84 in Fishkill, N.Y. our client was sideswiped by a vehicle that was changing lanes. She sustained injuries to her neck and back as well as a rotator cuff tear. Our client underwent two complete discectomies , an interbody fusion and application of an interbody cage. Both our expert and the defense’s expert agreed that her surgeries stemmed from injuries sustained in the automobile crash.
After several combat tours of duty fighting in Afghanistan during Operation Enduring Freedom, our client returned home and began working as a Corrections Officer on Riker’s Island outside the inmate population. He was given a position checking cars for contraband at one of the entrances. While examining the rear of a van, another van lurched forward, momentarily pinning and injuring him. While the physical injuries were not too extensive, the surprise of the trauma triggered his then under control PTSD. Our client sought care with the VA Readjustment Counseling Services and ultimately was unable to return to work due to severe depression that developed. The VA psychologist related the triggering of the aggravation of the PTSD to the work-related event. The case was handled by George Levy and Andrew Finkelstein and was settled before trial for the $1,000,000 policy.
Motorcycle riders have the same rights to the road as anyone else. Unfortunately, a pick-up driver didn’t think so and pulled out from a stop sign directly in front of our client, who was on his Harley Davidson enjoying a beautiful summer day in Binghamton in Broome County. Our client, who was retired, tried to avoid the crash by laying down his bike, but the truck kept going and ran him over. The police issued a ticket to the pick-up driver for failing to yield the right of way. Not surprisingly, our client had multiple broken bones and required several surgeries. Initially, the insurance company tried to blame our client for being on a motorcycle and only offered a small portion of the insurance policy. We let the insurance company know we would not stop until they offered the full amount of the balance of their $1,000,000 policy. After property damage payments, there was only $979,000 left, which was offered well before trial. The case was handled by Trial Partner Victoria Lightcap and Managing Partner Andrew Finkelstein.
Newburgh, NY—Our client, a 36 year old male, suffered multiple fractures when the defendant driver crossed over and hit one car then hit our client’s car. Our plaintiff had internal damage that required multiple surgeries that prevented him from returning to work. This case settled 9 months before trial for the balance of the defendant’s single limit policy from Progressive. Attorney: David Akerib
When we arrive on the job before sunrise, we expect the Company and the maintenance company would maintain the parking lot so it is not hazardous to walk across to get to the garage. Unfortunately that is not what happened and our client could not see the sheet of ice that was not treated as he was walking to the garage. After his fall he called our firm and we filed a Workers’ Compensation claim to make sure all his medical bills and loss wages were paid. However, given the significant injury to his shoulder we also sued the owner of the property and their maintenance company for failing to properly maintain the parking lot after a storm. Two weeks before the trial was ready to start the case was settled for $975,000 by Managing Partner Andrew Finkelstein and Trial Attorney Michael Feldman.
Our client was a 46 year old Highland, New York resident who was employed as a Police Officer by a Westchester County Police Department. He was responding to a call at a Chappaqua, New York residence where a burglar alarm had gone off. As our client ran down the driveway of this private house he fell in a 10” x 10” hole in the unlit driveway. He sustained a severe knee injury which eventually required a total knee replacement and multiple surgeries, and he is no longer able to work in his chosen profession. His lawyer was able to settle the case before trial.
After a distracted truck driver hit the rear of a school bus, the school bus driver never could return to work. The crash aggravated our client’s shoulder and neck so much that he needed surgery on both his shoulder and neck. We were able to collect the full $500,000 of insurance from the truck driver. In addition, we filed a claim against the school district for Underinsurance benefits. At first, the school district claimed our client received full compensation so we pursued an arbitration. Just before the arbitration was going to be held, the school district agreed to pay an additional $410,000 making the total settlement $910,000. The case was handled by trial attorney Brian Acard and managing attorney David Akerib.
Passenger in single car motor vehicle accident sustained serious personal injury when vehicle runs off roadway.
The call every parent dreads…”Your daughter was in a serious car crash with a truck”. After visiting the hospital and unsure of what to do next, the parents of the injured 15-year-old passenger called the lawyer that handled their house closing. Their daughter suffered a mild traumatic brain injury and broke her wrist. After two years, the parents realized the house closing lawyer was out of his league. The trucking company had high powered lawyers and their lawyer was outmatched. That’s when the parents contacted Finkelstein & Partners. Their daughter was now a high school senior. She had always been at the top of her class but had lingering effects from her brain injury. The Neurolaw Trial Group went to work. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson. Even though the injured woman was able to successfully finish high school and graduate NYU, she still had residual effects from her mTBI. The case settled at mediation for $894,000.
While working at a NYC hotel performing routine maintenance on the elevators, our client was told to use the interior stairs to the basement. While walking down, the edge of the concrete step broke away causing him to fall down the stairs. Property owners are responsible for defective conditions they either know about or should know about and it was a challenge proving the hotel should have known the old set of stairs were on the cusp of breaking. The hotel’s insurance company fought the case by asking the Court to dismiss it because they had no notice of the condition. We argued the hotel violated Labor Law 241(6) requiring the property owner provide a safe place to go up and down stairs and these stairs violated the regulation. The Court agreed with our argument. Our client suffered injuries to his low back and shoulder and was out of work approximately 8 months. The case ultimately settled for $850,000 by Trial Attorney Sharon Scanlon while working with Managing Attorney David Gross.
After getting a pedicure at a nail salon in a shopping mall in the Hudson Valley, our client developed a bacterial infection requiring the surgical removal of a portion of her foot. While we knew it was from the nail salon, we had to prove it. We hired an instructor from a beauty school who regularly lectures on what nail salons must do to comply with the NYS Appearance Enhancement Law. She told us how the nail salon violated several sections of the law. We also hired a bio-chemist who analyzed the type of bacteria and confirmed it was consistent with the type of bacteria that is found in dirty nail salon equipment. While the nail salon lawyer attempted to point to other causes, our client was satisfied with the $850,000 settlement offer from the insurance company.
A Columbia County, NY man who suffered extensive injuries to his right leg in a motor vehicle accident agrees to settle for $850K
On a cool November afternoon, our client was walking her dog on the side of a road when a car left the roadway far enough for their side view mirror to strike her and knock her to the ground. The car drove off. Our client never saw it coming. While the dog was not hurt, our client was knocked out. When she came to, she was not sure what happened and crawled to a nearby house. An ambulance was called and she spent 14 days in the hospital. The reckless, distracted driver thought she may have hit something and after she arrived at her location, she noticed some damage to her rear view mirror. Fortunately, she called the police and confessed. Our 53-year-old client suffered a significant but to her head, broken bones in her back and a traumatic brain injury (TBI). After collecting the limited amount of available insurance from the car that hit her, we filed an underinsurance claim against our clients own insurance company. Fortunately, she had purchased the right to pursue compensation from her own car insurance if the car that caused her injury had less insurance than her. Partners Elyssa Fried-DeRosa and Ken Fromson handled the case and obtained a total settlement of $850,000
A 44 year-old department store manager was permanently disabled after tripping over boxes while on the job. The boxes had been incorrectly stored and caused her to fall several flights down a metal grating staircase.
This case arises from a labor law violation regarding a fall from a ladder. Our client, a 57 year old Pennsylvania man, was checking for a water leak at a laboratory that was undergoing a gut renovation. He was working alone, and had to move his ladder several times to determine the source of the leak. He was on the fourth rung of the ladder with his head inside the dropped ceiling when the ladder gave way, causing him to drop to the ground. He hit a table on the way down and landed on his shoulder.
Our client suffered right and left rotator cuff tears, both of which required surgery to repair. workers’ compensation determined he had 32.5% loss of use of his left arm and 45% loss of use of his right arm and he is permanently disabled to a moderate degree.
His Finkelstein & Partners attorney obtained an $800,000 award at mediation.
A Rockland County construction worker sustained serious injury when he fell from a roof due to a wet surface. As a result of the injury the plaintiff required surgery and hospitalization. Attorneys argued the case under the labor law statute. Defendant agrees to settlement before trial in the sum of $800K.
A passenger in an automobile was rear ended as driver stopped to make a left hand turn. Plaintiff suffered severe back injury and required extensive back surgery.
In the small Orange County hamlet Deer Park, the police hire part time officers. One of their part time officers also works full time as a corrections officer. The Deer Park police department had no rules or regulations limiting when their officers could work if they had a full time job. The part time police officer had just finished a 12 hour shift as a correction officer and immediately began a six hour shift for the Deer Park police department. The exhausted officer was driving in a Deer Park cruiser at 10:00 at night when he drifted off the road. Walking home from his job in Hugenot on the shoulder of the road was our client. He was unable to get out of the way of the police car. The Deer Park police officer claimed our client jumped in front of his vehicle in an effort to commit suicide because he was an Iraq war veteran who served two tours of duty. Fortunately, the State Police arrived and investigated the crash and found the Deer Park officer struck our client when our client was walking on the shoulder. Knocked unconscious from the impact, our client was air-lifted to Westchester County Medical Center where he was admitted for several days with a traumatic brain injury, a fractured skull and broken bones in his shoulder. Being the fighter that he is, our client worked hard and made a good recovery. The police department refused to accept any responsibility. The case was submitted to binding arbitration and the Judge found the Deer Park police department 100% at fault and awarded a total of $765,000. The case was handled by Managing Partner Andrew Finkelstein, Elyssa Fried and Trial Partner Ron Rosenkranz.
Even though there was no visible property damage to our client’s car, the 43-year-old mother of one suffered a serious injury to her neck that required a fusion surgery. From the beginning, the defense lawyers and the insurance company were relying on there being little to no visible property damage believing a jury would never think so much damage could be caused by a “whip lash” injury. Our client was a registered nurse who never hurt her neck before and immediately was complaining of neck symptoms. Over time, the symptoms progressed and required a very significant surgery where two bones in her neck were fused together with metal. While at jury selection jurors acknowledged that the amount of property damage does not necessarily indicate how much injury a person can sustain. After jury selection the insurance company saw the light and ultimately offered $750,000. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson.
The event happened at a warehouse in Brooklyn. Our client was driving a forklift and loading the last two pallets onto a trailer. Without checking if the loading was complete, the truck driver pulled away from the dock causing our client to fall six feet to the ground. Our 57-year-old client aggravated an old low back injury that, because of this fall, required a fusion of two of his vertebrate. We brought a lawsuit to the Federal Court. The trucking company’s insurance company agreed to settle the case for $750,000. The case was handled by two partners, Melody Gregory and Ken Fromson.
While traveling in Lysander, NY in Onandaga County, our client was driving his pick up truck back to work and waiting to make a left into the parking lot when a distracted delivery driver struck him in the rear. The impact caused his shoulder to snap back so violently it tore his rotator cuff. After a series of injections and many months of physical therapy, surgery was needed to repair the tear. The case was settled at a mediation by Trial Partner Victoria Lightcap for $750,000
After being hit in the rear, our client hired another lawyer who failed to take action or obtain any offers from the insurance company. After several months of frustration with her other attorney, she called our firm and we took over handling the case. We immediately started the lawsuit and pushed the case to the courthouse steps. The week before the case was scheduled for trial, the insurance company opened with an offer of only $125,000, which was rejected immediately. Ultimately, a few days later and just before jury selection the case settled for $750,000. The case was handled by Partners Elyssa Fried-DeRosa and Nancy Morgan.
While working as a heating and air conditioning sheet metal mechanic at the Northern Dutchess Hospital in Rhinebeck, our client was installing a break away fire damper in the ceiling. The general contractor was responsible for providing a safety device enabling our client to safety work from a height, but he failed to do so. As a result, our client fell several feet, seriously breaking his heel and ankle. After two surgeries he was never able to return to working from heights again. The case settled after depositions for $750,000 and was handled by Trial Partner Ron Rosenkranz and Managing Partner Andrew Finkelstein.
Our client, a Rockland County motorcyclist, was on his way to a work appointment in Ramsey, New Jersey when he was seriously hurt in a motorcycle crash. Another driver switched lanes without looking and crashed into his motorcycle. Our client was removed from the scene by ambulance. He underwent emergency surgery on his ankle, which was shattered in the crash. He also sustained serious lacerations that required stitches and suffered from painful road rash. Other issues, including wound infections, required further surgery. 18 months post accident he had a picc line inserted to deliver antibiotics to his wounds which still were not healing. Prior to the crash our client was an avid hiker, unfortunately his injuries dramatically curtailed his ability to continue and enjoy his favorite recreational activities. His injuries are permanent and will probably cause him pain for the rest of his life, getting worse as he ages. His Finkelstein and Partner’s attorneys assisted him in filing a workers’ compensation claim and were able to successfully settle his case before trial at arbitration.
Court awards Orange County woman $750,000 for injuries sustained in a motor vehicle accident which resulting in an aggravation to a pre-existing spinal condition.
While standing 6 feet up on an 8 foot ladder at a construction site in Goshen, NY, a 52 year old carpenters ladder slipped out because the footings were removed and no tie off was given. The carpenter seriously injured his shoulder and has been unable to return to work. Initially, the injured worker filed for Workers’ Compensation through a lawyer in Middletown. Realizing there was a possible personal injury case, the Workers’ Compensation lawyer suggested the carpenter call our office. We filed suit claiming a violation of the Labor Law section 240, which requires property owners and general contractors to provide safety devices that protect workers, such as a tie off for the ladder to assure it remains steady and safe for the worker. Ultimately the Judge agreed with our theory and found that the property owner and general contractor violated Labor Law 240. The case was settled prior to trial by Senior Trial Partner George Levy.
Just outside the West Point gates in the Town of Highland a 21-year-old ignored the stop sign and entered the intersection. He told the police he thought the van he crashed into had a stop sign and he just entered the intersection without even slowing. He was ticketed for failing to yield the right of way. The van was being driven by our 35-year-old client, who was a driver for Occupations, Inc. The force of the crash caused his head to snap forward and back, resulting in damage to his neck. Eventually, our client needed a surgery to repair a damaged disc in his neck. At trial, the insurance company’s lawyer originally claimed the neck injury was not from the crash. Senior Trial Partner George Levy proved otherwise. Our client’s treating doctor, a life care planner and an economist were called as expert witnesses. The case was settled just as closing arguments were about to be made to an Orange County Jury. Managing Attorney Melody Gregory assisted throughout the trial.
Our client, a Fishkill, N.Y. resident, was travelling eastbound on Interstate 84 in Putnam County when a tractor-trailer moved into his lane, clipping the left rear of his car. The crash caused his left rear tire blow out, and he lost control of the vehicle which veered onto the median. His car rolled over and came to a rest upside down. Our client was removed to the hospital in an ambulance , where he was treated for neck, back and head injuries. He suffered permanent damage to his jaw along with memory problems.
His Finkelstein & Partners attorney settled his case at mediation.
All property owners who know people are going to be walking in areas to do their job must be sure to clean dangerous and defective conditions that pose a risk to all workers. The gas storage terminal in Vestal, New York ignored their responsibility and allowed snow and ice to accumulate. Our client was a tanker driver who was filling the trailer full of gas to make deliveries to gas stations throughout Binghamton and the Southern Tier. After filling up the truck, our client was walking around the truck performing a safety inspection of the truck and expected the ground to at least have salt or sand. There was none and he was caused to fall severely injuring his shoulder. The injuries prevented him from being able to return to work. In addition to getting the Workers’ Compensation carrier to waive their nearly $250,000 lien, we were able to obtain a $700,000 settlement. The case was handled by Trial Partner Victoria Lightcap and Managing Attorney Elizabeth Wolf.
A distracted driver crossed the center road and hit a car with four adults in it. All of the adults were injured, but the passenger seated behind the driver took the brunt of the impact. Being 6’4” and riding in a compact car resulted in our clients head striking the top of the car. The force of the impact split his skin on his forehead leaving a significant scar. The defense claimed had our client been wearing his seatbelt he would not have sustained an injury at all. Trial Partner Victoria Lightcap was able to show with an animation that regardless of whether he had his seatbelt on or not, his head still would have hit the ceiling of the car and likely sustained the same injury. The case was settled at a mediation for $700,000.
Our client, a 53 year old Oneonta, New York resident, was driving on SR 28 in Milford, NY when the defendant turned left in front of her, causing a head –on crash which totally destroyed her vehicle. She was transported via ambulance to AO Fox Hospital in Cooperstown complaining of leg and back injuries. After undergoing right knee arthroscopic surgery approximately 8 months after the accident, she was then faced with many months of physical therapy. It was determined by her doctor that she would probably need a total knee replacement in the future, but he wanted to wait at least five years due to her age. After being out of work for more than six months our client was discharged from her job. This cost her a loss of seniority and benefits, not least of which was her private health insurance. She has unrelated health issues that require expensive medication which now must be paid out of pocket. Finkelstein & Partners was able to document these “special” damages and obtain a settlement for our client that truly reflects her losses, which in this case were much more than physical injury.
20-year old passenger injured in motor vehicle accident receives $700K, for injuries sustained in a single car collision.
Our client’s employer rented a garage that had broken up concrete leading into the garage. After years of complaining, the property owner finally fixed the concrete pad. The problem was, however, rather than call a professional, he did the repair work himself. After one season, the concrete pad was crumbling again. One night after working a full day, on our client’s way out of the garage, the small concrete pebbles caused him to slip and twist his ankle. The twist was so severe he partially tore his Achillies tendon and needed surgery to repair it. It wasn’t until we were halfway into the trial did the insurance company finally make a reasonable offer and the case settled for $650,000.
This crash occurred between a motorcycle and two autos on an exit ramp of the Palisades Parkway. During a merge, one auto cut off another, forcing it into our client’s motorcycle from which he was ejected. He was removed to a hospital by helicopter, and spent 7 days being treated for his injuries.
Our client, an active duty Army private, suffered multiple bilateral arm fractures and endured several surgeries, including “Tommy John” surgery. He has permanent scarring, and the loss of function has hampered his career in the military.
Our client’s Finkelstein & Partners attorney settled his case before trial.
A flat roof on a drug and rehab facility in Columbia County always leaked. The facilities manager told one of the maintenance workers to go on the roof and fix the leak. With his hammer, finishing nails, screws and tarp the maintenance worker made his way to the roof. There was a lot of ice on the roof and the worker slipped and fell off the edge of the roof six feet down to a lower roofline. As a result of the fall, the workers’ injured neck required surgery. The case was settled at mediation by Trial Partner Ken Fromson and Managing Attorney Elizabeth Wolff.
Our client required knee surgery after his car was hit by a teenage driver who stepped on the gas instead of braking. Trial attorney Victoria Lightcap successfully argued that driver inexperience directly caused our client’s injuries.
After exiting his garbage truck in Lagrange, New York, to load a customer’s recycling, a distracted driver failed to see our client or his truck as she came around a turn. The driver swerved, but it was too late and the side of the car hit our client’s knee. Fortunately, the knee cap was not broken and did not need immediate surgery. After a period of rehabilitation, his knee pain progressed and the doctors recommended a total knee replacement. Since he was 55-years-old at the time, the insurance company argued the need for the knee replacement was from degenerative conditions and not being hit by a car. Eventually, the distracted driver’s insurance offered their full $300,000 available insurance policy. We then proceeded to make a claim against our client’s employer’s insurance on the garbage truck. Here, too, the insurance company refused to acknowledge the surgery was from the crash so we proceeded with an arbitration. After hearing all of the medical evidence and our client’s testimony, the arbitrator awarded $575,000. The case was handled by Managing Attorney Ed Steves and Trial Attorney Brian Acard.
After significant abdominal surgery under general anesthesia, our client remained heavily sedated by medications. During a standard procedure a tube was inserted through his throat and attached to a breathing machine to maintain the airway. The tube is kept in place with a device that in essence is a balloon. While cleaning the airway the nurse over-inflated the balloon causing it to burst and our client to die due to suffocation. The case was handled by Partners Mary Ellen Wright and Kenneth Fromson.
Middletown, NY—Our client, a 48 year old female, was walking to the back of a store where she slipped and fell on a clear unknown liquid. She injured her shoulder and knee, requiring surgeries. Ultimately, she had a partial and full knee replacement. After deposition, it was found that the cleaning company admitted that the cleaning machine leaked. This case settled after long mediation for $560,000.
Our client was 29 when she was sexually assaulted by the “Exalted Leader” of an Elks Lodge in Plattsburgh, NY. Although the defendant pleaded guilty to the assault, the defense attempted to make the ludicrous claim that because our client had been previously sexually assaulted, and suffered PTSD and depression, no damage could have been related to this assault.
The Finkelstein & Partners team, led by trial attorney Nancy Y. Morgan, were determined to fight for justice for this young woman. Attorneys Elyssa Fried, Marie Dusault, Alex Awad and Legal assistants Judy Gentile, Lisa Parkinson and Amanda Chanowski, together with many others, worked to ensure that the jury was given a complete and honest version of events. The jury ultimately determined that the defendant and the Elks Lodge were responsible for the substantial harm they caused and issued a verdict in the plaintiff’s favor totaling $550,000.
Our client, a 58 year old nurse from Orange County, New York, was travelling in the right hand lane on Interstate 84. A tractor trailer in the left hand lane merged right, hitting our client’s car and causing it to leave the roadway and overturn. She had to be extricated through a hole cut in the roof and was transported to an area hospital.
Our client suffered a collapsed lung, nine broken ribs and a fractured humerus. Her arm required surgery to repair and hardware was installed. This injury required lengthy physical therapy and made it impossible for her to return to her job as a hospital nurse.
This case was settled at mediation.
After getting the call and learning his Dad was killed in a car crash in Liberty, Maine, the Schenectady resident called our firm for help. We investigated the case and learned that an inexperienced driver rented a 28-foot rental truck and was driving during a snowstorm. Unfortunately, the driver lost control of the truck, crossed a double yellow line, and struck our clients Dad’s car head on, killing him. Together with local Maine counsel, we started a lawsuit. Ultimately, the insurance company paid the full $500,000 policy. The case was handled by Managing Partner Andrew Finkelstein
After a driver ignored a stop sign in the Orange County hamlet of Deerpark, the car crashed into the passenger side our client’s car. While there was not a huge amount of property damage to the outside of our client’s car, he was bounced around inside the compartment of his car causing more damage to his already injured low back. Unfortunately, a few years earlier our client had another car crash that injured his low back and those injuries required two surgeries to his lumbar spine. This crash aggravated those injuries and caused a new injury to his shoulder. Fortunately, our client purchased $500,000 Underinsurance as part of his car insurance policy. This enabled him to pursue up to $500,000 from his own insurance if the car that caused the crash had less insurance than him. That is exactly what happened. The insurance on the car that blew the stop sign only had $100,000 of insurance. After collecting the full $100,000, we pursued the $400,000 available from our clients own insurance company. Even though he paid his premiums on time and had valid coverage, the insurance company refused to offer anything. According to the insurance contract we had to pursue an arbitration. Trial Partner Nancy Morgan presented a strong case to the arbitrator. An award of $500,000 was made and we were able to collect the additional $400,000 for our client. Managing Attorney David Gross initially worked on the case and made all the necessary filings enabling us to pursue the additional benefits.
Sullivan County, NY—This case involved a 58 year old man performing independent contractor work doing renovations and repairs on a mobile home park owner. Another employee was converting the stove in the kitchen from natural gas to propane gas. This employee canoud not get the stove to light and went to shut off the gas. Our client then goes to the stove and turns the knob on the front when there is an immediate explosion causing 2nd and 3rd degree burns onhis arms. These injuries required extensive hospitalization on a ventilator and skin grafting. The maker of the stove denied any liability on their part. All parties of the case were brought together and settled the case for $500,000. Attorney: George Levy
Wallkill, NY—Our client, a 35 year old woman, was involved in an accident when a truck making running a red light, made a left turn and struck our client. She sustained a neck injury and surgery to her arm. This case settled for $500,000.
85% of people who suffer a concussion make a full and complete recovery. The other 15% are often called the miserable minority. Unfortunately our client makes up part of the 15% who never fully recover from a concussion after being in a car crash with a distracted driver. After a brief loss of consciousness after the distracted driver hit our client in the rear on Route 9 in Putnam County, he began having memory problems. Gradually, our client started to demonstrate mood and behavioral changes too. His marriage started suffering. His co-workers were helping him more than ever at his job. Everyone saw a major change in his personality and the injury was confirmed by our expert neuropsychologist. The insurance company defense was that our client was a liar, cheat and a fraud. However, the insurance company must not have truly believed in their defense because right before jury selection they offered $500,000 to settle. The case was handled by Managing Attorney David Gross, Trial Partner Ron Rosenkranz and Managing Partner Andrew Finkelstein.
If you drive impaired and cause a crash, there will be consequences. State Route 9N in Greenfield, New York in Saratoga County is a busy road. Our investigation found a witness who was following a driver who was driving erratically, until she crossed one too many times and struck our client head on. The drunk driver was ticketed for DWI. Our client, who lost consciousness, was an EMT. Since he did not break any bones, he opted not to go to the hospital. After sleeping the whole next day, he started to develop severe headaches – just what he didn’t need since he had several prior concussions when he worked as a paramedic at a ski slope. Ultimately he was diagnosed with a mild traumatic brain injury (mTBI). The insurance company eventually agreed to settled the case for $495,000. The case was handled by Partners David Gross and Trial Partner Ken Fromson.
A housing complex has one bus stop where all the kids gather for their various buses. Our client was waiting with her older brother and sister. The bus driver saw the small child but did not wait until she backed away before driving off. The rear tire ran over her foot causing significant scarring. Initially the insurance company for the bus company refused to make an offer as they attempted to blame the child’s Mom. On the eve of trial the case was settled for $475,000 by Trial Attorney Brian Acard.
Our client, a 49 year old New Windsor, NY resident, was attending baseball game with her family at a Dutchess County stadium. She decided to go down to field level to watch the grounds crew drain the day’s rainfall from the playing area. She walked down 3-5 steps with no issue, but when she came to the last step it was twice as far down as the previous steps. There was no handrail and she fell into the fence when her ankle buckled.
X-rays showed her ankle was broken in three places. She subsequently had surgery with hardware inserted. Her ankle continued to be swollen and painful, and she had difficulty walking. Our client could no longer enjoy her hobbies and was unable to wear many types of shoes. She had physical therapy and cortisone injections and was enduring a long recovery with an ankle brace. Sometime later she began having issues with the hardware in her ankle. She went to stand up one day and her ankle buckled and she fell again. This time she suffered a fracture fibula and another ankle fracture which cause her to be in a hard cast for four weeks.
When postal truck was delivering mail on Rock Cut Road in Newburgh, the cars behind the mail truck stopped. With no oncoming traffic coming, one car was able to pass the mail truck. The next car stopped behind the mail truck because a car was coming in the opposite lane. Unfortunately, a garbage truck was following too closely and failed to stop, crashing into the stopped car, pushing it into the postal truck. Our Pine Bush client’s neck was injured so badly that she required injections for the pain and ultimately needed surgery. A lawsuit was started by Managing Attorney Elizabeth Wolff and after depositions by Trial Attorney Brian Acard, the case was settled for $475,000.
Janitorial service companies must require their janitors prominently place cones outside bathroom doors when they choose to mop floors in the middle of the day. When janitors are not provided with cones and they mop tile bathroom floors, they have created a trap for unsuspecting people simply waling in to use the bathroom. That is exactly what happened at an office building located at 830 Third Avenue in New York City. When our client walked into the bathroom at work, there were no cones or warnings that the bathroom floor had just been mopped. On her second step into the bathroom, her foot slipped out, causing her to fall on her side. The fall resulted in her breaking her upper arm and she needed surgery. Initially, she hired a New York City personal injury law firm who seemed to be dragging their feet, so she hired Finkelstein & Partners to take over the case. Once we did, we started the lawsuit in Manhattan against the janitorial service company right away. After deposing the janitor who had just mopped the floor that day and learning he was not provided with the cones necessary to warn people, the insurance company asked to mediate the case. Ultimately the case settled at a mediation for $450,000. Managing Attorney David Gross and Trial Attorney Sharon Scanlon handled the case.
When a martial arts trainer was asked to teach basic restraint moves to elementary school teachers, he chose our client to demonstrate a basic restraint move. Rather than slowly demonstrating the move, the instructor flipped the 40-year-old woman over his hip landing her on the ground without any warning and injuring her back. Ultimately our client’s injuries required surgery. Martial arts instructors must know their limits; here he chose to go beyond those limits and we held him accountable. The case was handled by Managing Attorney David Akerib and Trial Partner Ron Rosenkranz.
While towing a log splitter behind a pick-up truck, the driver wanted to make sure the tail lights were working properly so he pulled off Route 17 in Upper Saddle River, NJ, into a service station. After parking in the service station, the pick-up truck driver got out and walked to the back of his truck. Just as he did so another driver entered the service station and rather than apply his breaks, he accidentally hit the gas and ran over our client, the pick-up driver. Our 58-year-old client suffered from broken bones to his lower leg that ultimately required surgery. The car that hit him had only $100,000 of insurance, which was offered. We then pursued a claim against our client’s own insurance and we were able to recover an additional $325,000. The case was handled by Trial Partner Ron Rosenkranz.
While fighting prostate cancer, our 85-year-old client became too weak to remain home during his care. His son and daughter made the difficult choice to temporarily move him to a Capital District nursing home. Unfortunately, they did not know the nursing home was understaffed and their Dad’s care was being neglected. There simply were not enough certified nursing assistants to regularly turn and re-position him and he developed a sacral bedsore. What made it worse is the nursing home hid the injury from our client’s son and daughter. The bedsore got so bad our client had to be hospitalized. The hospital staff told our client’s children, who hired Finkelstein & Partners, to hold the nursing home accountable. Ultimately, the nursing home agreed to settle the case for $400,000. The case was handled by Partner Mary Ellen Wright and Managing Partner Andrew Finkelstein.
A 22-year-old man was struck by a passing vehicle as he was attempting to exit his vehicle settles case for $400K.
40-year old union worker, while on job, slipped and fell from an elevated walkway to the highway below. Our attorneys successfully argued that lack of site safety caused the accident.
Ulster County, NY—Our client, a 59 year old male, was a passenger in his brother-in-law’s car when the defendant crossed over and hit the car our client is in. The second defendant was traveling too closely behind our client’s car and rear-ended it. Our client sustained fractures to his face, neck and arm that required surgery. Our plaintiff’s car had a policy of $100,000 and the defendant’s car $250,000 in coverage. Both policies were offered after our client’s deposition. Attorney: Elizabeth Wolff
Veterans Services Group obtains combined retroactive award of $326,485 on behalf of Gulf War Veteran.
The Veteran served during the Gulf War Era and Peacetime in the Navy from October 1987 to February 1994, and February 1994 to March 1996.
The VA initially granted service connection for thoracic strain at 20 percent disabling, effective June 24, 2010, and denied service connection for post traumatic stress disorder (PTSD) and degenerative disc disease of the cervical spine, in a February 2011 Rating Decision. The VA additionally denied service connection for lumbar spine.
A timely Notice of Disagreement was filed with the VA, disagreeing with the denials of service connection and arguing an increased rating is warranted for the Veteran’s thoracic strain. Subsequently, the VA issued a Statement of the Case (SOC) on December 9, 2015, continuing a 20 percent evaluation for thoracic strain, and denying service connection for PTSD, and degenerative disc disease of the cervical spine and lumbar spine.
Pertaining to the Veteran’s PTSD, the VA determined that one of the Veteran’s active service periods was dishonorable for VA disability purposes and that his stressor event fell during this period. However, the VA had failed to adequately adjudicate additional stressor events during the Veteran’s service period that was honorable for VA disability purposes. The basis of our appeal for service connection for PTSD was related to the stressors the Veteran’s experienced during his honorable period of service. This same stressor event was also the incident that resulted in the physical conditions the VA denied.
On January 27, 2016, a VA Form 9 was filed appealing all the issues from the SOC to the Board of Veterans Appeals (BVA). A Brief in Lieu of hearing was filed on March 18, 2019, discussing all the claims on appeal at the Board. The Board of Veterans Appeals granted service connection for PTSD in its September 12, 2019 decision. This decision also remanded the issues of the Veteran’s cervical spine, lumbar spine, and a rating in excess of 20 percent for thoracis spine for further development.
Subsequently, a June 9, 2020 Rating Decision implemented the Board’s decision and granted service connection for PTSD at 50 percent disabling effective June 24, 2010. This resulted in retroactive benefits of 92,249.95 due to the Veteran.
Next, a July 22, 2020 Rating Decision granted service connection for degenerative disc disease of the cervical spine at 20 percent disabling and left upper extremity radiculopathy at 10 percent disabling, both effective June 24, 2010. This decision also granted degenerative disc disease lumbar spine, and associated the condition with the Veteran’s thoracic strain and continued to evaluate it at 20 percent disabling. This resulted in a retroactive amount due to the Veteran of $28,863.51.
The VA simultaneously issued a Supplemental Statement of the Case (SSOC) continuing the 20 percent rating for the Veteran’s thoracis train and lumbar spine condition and returning the claim to the BVA. A second BVA decision of March 19, 2021, remanded the issue of an increased rating for the thoracis train/lumbar spine condition and entitlement to individual unemployability, which was reasonably raised by the record.
A statement in support of claim was filed on May 11, 2021, with the proper VA forms regarding individual unemployability and argument in support of entitlement. Subsequently, a December 8, 2021 Rating Decision granted entitlement to individual unemployability effective June 24, 2010. This resulted in a retroactive amount due to the Veteran of $205,372.43.
Overall, Finkelstein and Partners was able to obtain service connection for the Veteran’s denied physical and mental conditions, and receive a grant of entitlement to individual unemployability. The combined retroactive award due to the Veteran over the course of the appeal totaled $326,485.89.
Dutchess County, NY—Our client, was 33 years old when a truck pulled out of a side road and he had to slam on brakes to avoid collision, but a truck came behind our client and rear-ended his vehicle. Our client reported neck and back pain that required surgery. This case settle the morning of jury selection.
A tractor trailer company from Honesdale, PA was hired to transport pallets of salt from New Jersey to Massachusetts. The tractor trailer company never provided safety training to any of their drivers. The tractor trailer company did not provide lane awareness safety equipment in any of their trucks. While driving on Route 84 through Fishkill New York, the tractor trailer driver changed lanes without signaling. Our client was in the left lane and was forced off the road. There the truck pushed the car into the guardrail and drove away. The police eventually caught the truck driver 10 miles down the road. As a result of the crash our 45-year-old client required a surgery to his neck. Fortunately, he was able to return to work and his normal activities. Managing Attorney David Akerib helped Trial Attorney Brian Acard settle the case prior to trial for $295,000.
Our client is a Broome County resident who was rear ended in traffic by a vehicle owned by the State of New York. He suffered a torn rotator cuff which was repaired surgically, and lower back injuries which significantly impaired his daily functions and are permanent in nature.
The State Attorney General declined to settle this case and took it to Trial. The verdict was for our client, in the amount of $281,000.
Our client, a 25-year-old Newburgh resident, was walking through a hotel parking lot when she fell and slipped on ice. The owners of the hotel failed to properly salt or sand the parking lot, creating a dangerous situation. Our client sustained broken bones, a dislocated fibula and torn ligament which required surgery with hardware (plates and 16 screws). Attorneys Brian Acard and Elyssa Fried-De Rosa were able to settle the case for $275,000.
While riding his Harley Davidson motorcycle on a beautiful fall day in Rome, NY, our client had to slow for traffic ahead of him. A distracted driver behind him didn’t slow at all and hit the motorcycle in the rear, ejecting our client. The crash was so hard that it caused over $13,000 of damage to the bike. Our client, a NYS Corrections Officer was badly hurt. He broke a bone in his low back and had a concussion. The car’s insurance was only $100,000 which we collected. We then pursued the balance from our client’s own insurance company because he purchased underinsurance allowing him to pursue additional monies from his own insurance company if a car hit him and carried less insurance than his. After hearing testimony from our client and argument from Trial Partner Victoria Lightcap, an arbitrator issued a verdict of $275,000.
A retired NYC policeman and now a volunteer fireman was riding his motorcycle on a beautiful summer day when an approaching car in the opposite lane turned left directly into his path. The driver of the car failed to put a signal on and our client tried to brake to avoid crashing his bike into the car but he did not have enough time. In the crash, our client broke his ankle in two places and had to undergo surgery to rebuild the joint. Unfortunately, the car only had $25,000 of available insurance. Our office filed a claim with both the car insurance and our client’s own motorcycle insurance. Fortunately, our client bought $300,000 worth of Underinsurance when he purchased his motorcycle insurance. We filed for an underinsurance arbitration and just before the hearing we were able to settle the claim for an additional $250,000. The case was handled by trial partner Ken Fromson.
As the car ahead was slowing to enter a Cumberland Farms in Middletown, the car behind was not paying attention and hit the slowing car in the rear, causing it to cross over and strike our client’s car head-on. Our client injured his shoulder, which was particularly difficult since he is a professional painter. Fortunately, the arthroscopic surgery he needed for his injuries helped him recover and return to the job he loves. The case was settled for $260,000 by Trial Attorney Chris Camastro prior to trial.
A Poughkeepsie driver was so distracted that she failed to hear approaching police sirens, failed to notice the traffic light at the intersection had turned red, and failed to realize she was about to cause a serious t-bone crash. She crashed directly into our client, who happened to be a Poughkeepsie Police Officer responding to a call in an unmarked vehicle. Our client sustained painful injuries to both of his wrists which required surgery with pinning. The driver who caused the crash claimed she was in a rush to get to work as she was late for her shift. She allowed herself to become so cognitively distracted that she completely disregarded the safety of everyone on the road. This case was settled by Managing Attorneys David Akerib and Ronald Rosenkranz for full $250,000 available insurance policy
Fallsburg, NY—Our client, a 74 year old retired male, was stopped and was hit in the rear by the defendant. The plaintiff underwent back surgery. The defendant insurance company tendered the full policy amount that was $250,000. Attorneys: Nancy Morgan
Hopewell Junction, NY—Our client, an 28 year old male, was involved in a head on collision when the defendant lost control going around a curve and struck our plaintiff. Our client suffered fractures and underwent ankle arthoscopy. The 18 year old defendant’s 250,000 full policy was awarded to our client. Attorney: Nancy Morgan
Albany, NY Our client was passing through an intersection with a green light when the defendant pulled out of a gas station in front of her. Defendant claimed the light was yellow and that the plaintiff was speeding. We were able to show that the defendant was actually lost and following her boyfriend who pulled out and made a left from the station with plenty of room, not realizing his girlfriend would follow without stopping. Our client suffered a lumbar disc herniation that required surgery. She lost a partial semester from college but has since returned to finish her degree in nursing. Attorney: George M. Levy
Dutchess County, NY Our client’s vehicle was struck by a van driven by the defendant. As a result of the crash, she suffered soft-tissue injuries and two herniated discs. From the very beginning and throughout the course of followup treatment most doctors concurred that she would need surgery for her neck. The defendants opened up with an offer of $50,000 and we continued to work on the file. The key here was not backing down from our demand, working up the case and politely leaving the mediation when we realized that they did not come with full authority to settle the case. At that point they realized we were serious and approximately two weeks later the case settled. Attorneys: Robert Borrero
Our client was driving down a busy Connecticut road on a rainy day when he was rear-ended. Instead of focusing on the road and traveling a safe speed/distance from other vehicles, the distracted driver who hit our client was cited for following too closely to our client’s vehicle. The fact that it was raining and the fact there was so much traffic should have been an indication to the other driver to take caution. Unfortunately, that wasn’t the case. Our client’s vehicle was hit with so much impact he suffered excruciating injuries that severely impaired his ability to complete day to day tasks. This case was handled by local counsel in Connecticut and Managing Partner Andrew Finkelstein. The case ultimately settled for $250,000.
Just weeks before their high school graduation, a 17-year-old senior was a passenger in a car driven by another senior in LaGrange, Dutchess county. As the driver took the curve he realized he was going too fast. He couldn’t negotiate the curve and the car left the road striking a fence, overturned and struck a tree. Two weeks later the passenger passed away from internal injuries. Ultimately the insurance company offered the full $250,000 available policy limits. The case was handled by Managing Attorney David Akerib.
Utica, NY—Our 70 year old client from Italy was attending a festival at an Inn, when a heavy door displaying Christmas wreaths fell on her as she was walked towards the exit. It struck her in the head and knocked her to the floor. Our client was diagnosed with head injury and a shoulder injury that required surgery, that resulted in the loss of some usage of the her arm. The offers from the defendants increased to 245,000 as a result of doctor testimony. Attorneys: Elyssa Fried
Saratoga, NY—Our client, a 45 year old male, was stopped in traffic when he was struck in the rear by the defendant that pushed him into the car ahead and a fourth car. Our client suffered head, neck and back injuries. The defendant insurance company settled with our client for 245,000.
Saratoga, NY Our client, a 57-year-old woman, and her husband had gone to the Saratoga State Park to fish off of the boat dock. They entered the park around 5:15 AM although the park officially opened at 6 AM. As our client was walking toward the boat launch, carrying her fishing gear and a chair, she stepped into a large hole in the parking lot and suffered a fracture of her right wrist. The case was settled on the eve of trial. Attorney: George M Levy
While expanding a college campus, the college failed to provide a safe place to work for a union ironworker. The ironworker fell 15 feet and broke his wrist. The fracture required a pin be placed in the bone to help the healing. Once the bone fully healed the pin was removed. As we were about to request a trial date, the insurance company agreed to pay $235,000. The case was handled by Partner Elyssa Fried De-Rosa and Managing Partner Andrew Finkelstein.
Windham, NY Our client, a 50-year-old laborer, was working for a roofing subcontractor on the construction of a single-family home, when he slipped and fell off the roof while trying to remove a cleat. The man’s right (dominant) wrist was dislocated and an open reduction was necessary after a closed reduction in the ER proved unsuccessful. He was out of work since the accident and now has a 50% loss of use of his wrist.
Two days after a snowstorm the parking lot was still a mess at an apartment complex in Beacon, New York. Plowing is not enough when there are large patches of ice where cars park. The apartment management company choose not to salt or sand the ice. Our 45 year old client was walking between two cars where untreated ice was under a thin coat of snow. When he stepped on the snow, the ice caused him to fall and break his arm. The break was so bad it required surgery and his bones are now supported by a metal rod. Fortunately our client was able to return to work after a few weeks, but he will be at risk of developing arthritis. We were able to settle the case at mediation for $210,000. The case was handled by Senior Trial Partner George M. Levy, Managing Attorney David Gross and Case Manager Lynn P.
$205,000 Settlement : Condo Association in Monroe Held Accountable For Not Maintaining Their Sidewalk
A large condominium association in Monroe, Orange County, NY agreed to pay $205,000 after we proved the sidewalk was broken up and dangerous for years. Rather than fix the sidewalk, the condominium association chose to leave the dangerous condition for all the families to be at risk. When our 63-year-old client was on her way to catch the bus she tripped and fell over the broken sidewalk, breaking her elbow. She knew the only way the condo association would repair the sidewalk was if she hired a lawyer to hold them accountable. Trial Attorney Brian Acard was able to settle the case prior to trial.
A Dutchess County nursing home was understaffed. As a result, the residents’ medical needs were neglected. Our client was a resident of the nursing home because her dementia became too much for her children to care for her. The nursing home failed to make sure she was properly hydrated and delayed getting her to the hospital. After obtaining the nursing home records, our experts were able to show how the nursing home failed to properly care for their residents due to being short staffed. The case was ultimately settled for $205,000. Partner Mary Ellen Wright handled the case.
When a nursing home chooses to understaff their facility, residents are often neglected. The nurse’s aides can only do so much and often residents are not moved often enough and they develop bed sores. That is exactly what happened to our 85-year-old client. Once her family discovered the neglect they called our office. We immediately investigated and our expert confirmed had there was adequate staffing to properly care for all of the residents, the bed sores would not have developed. After starting the lawsuit the nursing home agreed to settle the case for $200,000. The case was handled by Managing Attorney and Registered Nurse Mary Ellen Wright and Trial Attorney Michael Feldman.
Commercial property owners are responsible to keep City of Poughkeepsie sidewalks in front of their building clear of snow and ice. When a 59-year-old woman was walking on a sidewalk that the adjacent property owner chose not to salt or sand, she fell and broke her wrist. The break was so bad, she needed immediate surgery. After being discharged from the hospital, she hired a Poughkeepsie lawyer. Realizing the case involved a serious injury, the lawyer brought Finkelstein and Partners on to the case to help. We immediately investigated and confirmed who the adjacent property owner was and verified it was their responsibility to keep the sidewalk clean. After Trial Attorney Brian Acard conducted depositions of the property owner(s) their insurance company agreed to settle the case for $200,000.
Colombia County, NY Our client, a 43-year-old wife, mother of three, and registered nurse, was parked in a grocery store parking lot. After putting her daughters and groceries in the car, she walked across the aisle to return her cart to the corral. As she walked back over the same path to her vehicle, the plaintiff slipped and fell on the ice fracturing her ankle. As a result of the injuries, she missed 10 weeks of work, lost wages, and accumulated medical bills. The defendant, the property manager, said he had inspected the lot less than an hour before, had not seen any ice, and deemed the lot “reasonably safe.” However a store employee who came to the plaintiff’s assistance following the fall confirmed there was ice under the plaintiff.
Orange County, NY—Our client was involved in a car accident in which the defendant went thorough a stop sign striking our client’s vehicle on the passenger side. Our client sustained fractures that required surgery. This case was settled just before jury selection for $190,000. Attorney: George Levy
A New Jersey long-term rehabilitation facility failed to properly treat pressure ulcers (or bed sores) on a stroke victim who was wheel chair bound. The facility’s failure to properly monitor and assess this resident caused the development and worsening of multiple pressure ulcers on his left heel. The non-healing ulcers ultimately became infected and necessitated an above knee amputation causing significant pain and suffering. The resident was just 76 years old at the time. The nursing home argued a bed sore on the heel is unavoidable. We argued the amputation could have been avoided had the long-term rehabilitation facility properly monitored and treated our client. Injury attorney Jonathon Minkove and Nursing Home abuse attorney Mary Ellen Wright successfully settled this case for $175,000. Our nursing home abuse attorneys are passionate about holding negligent facilities accountable, not only for the sake of our clients but also to prevent future cases of nursing home abuse and neglect.
Albany, NY—Our client is a 59 year old male, who was working as a sub contractor. After getting out of his car in a parking lot to perform his job, his feet slipped out from under him and fell. He saw that there was ice in the lot after he fell and there was no adequate lighting. Our client suffered a fractured hip. The defendants could not show what action they took that day before our client fell to show they had met their duty to keep the area safe. This case was settled for $159,000. Attorney: George Levy & David Gross
Our client was knocked down in a Monroe, NY parking lot by a vehicle driven by an Orange County resident. He sustained serious damage to his right leg, including a fractured knee, fractured ankle, and fractured right tibia. The seriousness of his injuries required multiple surgeries, and he eventually lost his job of 23 years. The defendant’s policy was tendered, sending the case to arbitration to collect the Supplemental Underinsured coverage. The attorney from Finkelstein & Partners obtained the full amount of that coverage.
Case Manager: Jesus Vasconez
Paralegal: Mark Shan
Adjustor: Chad Plonski
Calendar Coordinator: Kirsten Hansen
Cayuga County, NY—Our client, a 38 year old female, walking thorough a parking lot on the way back to her car, slipped and fell fracturing her back. Snowfall ended approximately nine hours before our client’s fall. Our firm argued the defendant’s method of snow removal contributed as they plowed, but failed to salt. This case settled before trial for $150,000. Attorney: Victoria Lightcap
Ulster County, NY—Our client, 36 year old female, was driving when a deputy sheriff, who was parked on the shoulder of the road, entered into our plaintiff’s lane striking her vehicle. No lights or sirens were on. Our client had a fractured hand that required surgery. This case settled prior to trial for $140,000. Attorney: David Gross
Broome County, NY—Our client, a 47 year old female, was involved in an accident in which the defendant took a left turn in front of her into get into a driveway. Our client suffered spine injuries that required surgery. We settled this case $130,000 from the defendant insurance. Attorney: Victoria Lightcap
Columbia County, NY—Our client, a 46 year old female was walking from her car to her job. It had snowed previously and the lot had been plowed and salted. The snow plow company came back in and salted again before the building was open. Our client slipped and fell on a patch of ice she did not see. Our client suffered fractures that required surgery. Photos of the lot shortly after the fall showed ice. Defense employees testified that there was no ice that morning of after our plaintiff fell. This case settled after jury selection for $130,000. Attorney: David Akerib
Herkimer County, NY—Our client, a 64 year old male, was operating a box truck struck defendant vehicle that pulled out in front of him from a parking lot. The defendant failed to yield right of way and claims snow banks obstructed view. Our plaintiff had significant shoulder injury that required surgery. This case settled before trial and our client received $125,000 from the defendant insurance carrier. Attorney: Victoria Lightcap
While driving on Route 208 in Blooming Grove, a distracted driver did not see the traffic slowing in front of her. Without braking at all, she crashed into the rear of our client who was slowing with the traffic ahead. Our 53 year old clients neck snapped back and her right knee slammed into the center consol. Initially she thought the pain would go away but it gradually got worse and worse. The knee injury required arthroscopic surgery. The distracted drivers insurance company refused to offer more than $45,000 of the $100,000 policy. We recommended the offer be rejected and agreed to a binding arbitration. After a full hearing where our client had the opportunity to describe the impact on her life, the arbitrator awarded $100,000. The arbitration was handled by trial attorney Jonathan Engle.
Following a rear end collision, the insurance company refused to accept any responsibility for the damage caused to our client. Even though our client was out of work for 9 months, underwent arthroscopic surgery to her shoulder and received an injection for pain in her hip, the insurance company only offered $10,000 as a settlement. The insurance company was relying on the fact there was very little visible property damage. While our client made a good recovery from shoulder surgery and was no longer treating for her injuries, she believed the offer was wholly inadequate and she proceeded to trial. After a four-day trial an Orange County jury issued a verdict of $100,000.
Trial Attorney Chris Camastro handled the trial while Managing Attorney Melody Gregory handled the case leading up to trial.
The Palisades Parkway is a multi-lane highway utilized by school buses, commuters, big rigs, and motorcyclists. When drivers on busy roads like the Palisades Parkway act recklessly, the consequences can be devastating. Our client was traveling on the Palisades Parkway in Orangetown, New Jersey when she was suddenly side-swiped by a driver attempting to cut into her lane. Our client, a 52-year old small business owner, suffered a serious spinal disk herniation as well as damage to her neck. She knew that she would need sound legal advice and decided to contact our law firm to assist her with the personal injury claims process. Even after months of treatment, the injuries caused in the car crash made it impossible for her to work more than 4-5 hours a day. It was only after surgery to her neck did our client’s pain begin to subside, though she still struggled with radiating pain in her lower back which made completing day-to-day tasks a challenge. Like many individuals in the midst of a personal injury claim, our client was concerned about mounting medical bills and dealing with the insurance companies. Our team of personal injury attorneys and case managers, having handled countless similar auto accident personal injury cases, were able to compassionately provide ongoing support and guidance as she sought treatment. The case was ultimately settled for the full amount of all available insurance, $100,000. The case was handled by Trial Partner Nancy Morgan, Managing Attorney David Gross, and Trial Attorney Chris Camastro.
Entering a rest stop off a highway must be done with care. As soon as a driver leaves the highway they must immediately reduce their speed. The Palisades Parkway has a visitor center near the Stony Point exit in Rockland County. A 16-year-old driver entered the visitor center but was driving too fast and crashed into the car that had also just exited. The driver of the car that was struck had no warnings a crash was about to happen. Suddenly, the Con Ed Operating Mechanic’s back was in severe pain. The injury was so significant he needed surgery to his low back. Trial Attorney Chris Camastro was able to get the insurance company to offer the full amount of the available coverage and the case settled for $100,000.
When our client from Stony Point in Rockland County was exiting the Seaford Oyster Expressway in Nassau County, Long Island, she brought her car to a stop. While waiting for traffic to open up, the car behind her was driving distracted and struck her in the rear. Being that she was so far from home, and because she did not have any broken bones, she chose not to get immediate medical attention. As too often happens, instead of the stiff neck and back getting better over time, both got worse. Eventually she had to have surgery on her lower back. Unfortunately the distracted driver only had the minimum insurance coverage, $25,000 which we collected. In addition, our client had purchased insurance from her own car insurance company that allowed her to make a claim when a car that causes a crash has less insurance than what she provided. This is called under-insurance. We immediately took action and filed her under-insurance and successfully collected an additional $75,000 for a total recovery of $100,000. The case was handled by Attorneys David Gross and Michael Feldman.
Poughkeepsie, NY—Our client, a 41 year old male, was involved in a chain rear-ender. There was $700 worth of damage to his car, and had soft tissue injuries. Plaintiff underwent surgery & the case settled for the full policy from the defendant that caused the rear-ender.
Tompkins County, NY—Our client, a 25 year old female, was a passenger in her mother’s vehicle that went off the roadway due to icy road conditions. Our client suffered soft tissue neck, shoulder and back injuries. Following the accident, our client had to have surgery two years after the accident. The case settled for the full policy of the defendant of $100,000. Attorney: Victoria Lightcap
Madison County, NY—Our client, a 33 year old was returning home and defendant vehicle was stopped in front of her driveway. The defendant had put the vehicle in reverse and struck the front of our client’s vehicle. The defendant fled the scene and was eventually found and charged with DWI. Our client treated after an accident for neck injuries with surgery. The defendant insurance offered the $100,000 policy to our client. Attorney: Victoria Lightcap & Edward Steves
Our client was severely injured when a Newburgh man backed out of his driveway in such a rush that he didn’t even look behind him. He backed up directly into our client who was parked nearby. Had the other driver taken just a moment to check behind him, as all reasonable and responsible drivers do, the crash never would have happened. Our client sustained debilitating injuries to his neck, shoulder, legs, hips, and hand. His injuries required intensive treatment including shoulder surgery and multiple rounds of physical therapy each week. The driver who caused the crash completely disregarded the safety of others on the road and unfortunately, our client suffered the consequences. This case was handled by Managing Attorney Melody Gregory, one of our Newburgh injury lawyers with more than 40 years’ experience, and Trial Attorney Chris Camastro. The case was ultimately settled for the full amount of all available insurance, $100,000.
Steuben County, NY—Our client, a 56 year old operator of a UPS truck was cut off by defendant who turned left in front of him. The defendant claimed a knoll obstructed his view and the our client was speeding. Our client suffered rib fractures, which the defense tried to prove was from a prior accident, but medical records confirmed injuries resulting from this accident. Allstate offered the policy limit of $100,000 to our client. Attorney: Victoria Lightcap
On any given morning in the Town of LaGrange there are children along roadways waiting to board school buses, commuters traveling to work, and families carpooling to daily activities. We all depend on one another to drive responsibly and understand there are huge risks in failing to do so. Our client was on Noxon Road in LaGrange when suddenly a distracted driver crossed over into our client’s lane and struck her head on. The impact was so forceful our client’s car was propelled into a nearby pond. Our client survived the crash with a number of serious injuries, including a broken leg, fractured back, and a broken rib. Her leg was so severely broken it required the surgical placement of a rod. Because the driver of the other vehicle chose not to pay attention to the road they put countless individuals at risk and permanently altered our client’s life. Managing Attorney Elyssa Fried-DeRosa was able to obtain the full amount of all available insurance, which unfortunately was only $100,000
While driving in New Windsor, Orange County, a distracted driver failed to see the light turn red up ahead. As the car in front of him slowed, he just kept proceeding forward, never hitting his breaks. The car crashed into the rear of the car that was stopping and caused significant damage. Our forty-four year old client never hurt her neck before. Now she was suffering from neck pain that ran into her arms. An MRI confirmed she had a herniated disk in her neck and they required epidural injections. We started a lawsuit to hold the distracted driver accountable. The insurance company paid their full $100,000 policy just before trial. The case was handled by Trial Partner Nancy Morgan and Managing Attorney David Akerib.
While traveling on Route 17 In Sullivan County, a distracted driver smashed into the rear of a car slowing for traffic. The force was so hard the car that was hit in the rear was pushed into the guardrail and flipped. The driver was ejected and killed. Initially, the family went to a local Pine Bush lawyer who does not specialize in injury cases. After realizing the case too was too big for him, the Pine Bush lawyer asked Finkelstein & Partners to help. We filed the necessary paperwork to create an estate and started a lawsuit. The case was eventually settled for all of the available insurance, which was unfortunately only $100,000. The case was handled by Managing Attorney David Akerib.
Our client was in Wappingers Falls on her way to pick up her daughter from school when she came to a red light at the State Route 9 and Meyers Corner intersection. When the light turned green she entered the intersection and was suddenly struck by another driver who failed to stop at the red light. The driver at fault later admitted he knew the light was red yet still plowed through the busy intersection. Failing to stop at a red light is one of the most dangerous things a driver can do, and often ends in disaster. As a result of the crash, our client suffered painful injuries to her neck and back which eventually required surgery. A team of F&P personal injury lawyers, Managing Attorney David Gross and Trial Attorney Brian Acard, were able to settle this case for the limited amount of insurance available, which unfortunately totaled just $100,000.
A Beacon NY car dealers repair shop had no checks and balances to make sure the work performed on cars was done properly. So, when a mechanic forgot to tighten the lug nuts on the tires he just rotated, there was no safety system in place to discover the dangerous condition before the car was released to the owner. Not surprisingly, the tire came off as our client was driving away from the car dealers garage. Fortunately our client did not require any surgery to his shoulder and neck. We were able to settle the case with the insurance company for $85,000. The case was handled by managing attorney Melody Gregory and Trial Attorney Chis Camastro.
Our client, a 45 year old woman, was visiting her parents when their dog was suddenly attacked by a neighbor’s dog. Our client ran outside and tried to rescue her parents’ dog. As she ran, she tripped and injured her knee –this required arthroscopic surgery for tears. Its important to note that she was not injured by defendants dog nor by the dog fight itself. The defendant dog had previously attacked our client’s dog and Finkelstein & Partners obtained a report to verify this. Liability was an issue as it was undisputed that our client was injured in the fall rather then the attack. Our argument that the plaintiff’s reaction was a natural one as well as our being able to prove a prior attack enabled us to able to obtain an offer of settlement after commencing suit.
When a property manager hires a contractor, he/she must ensure the working environment is safe – even when the property owner does not direct or supervise the work. A corporate property owner hired a contractor to demolish a building on a property in Hudson Falls, NY. As part of the demolition process, workers utilized ladders to reach elevated areas in the building to remove steel pipes and copper wiring. There was a snow storm overnight that resulted in ice on the floor of the owner’s building that was being demolished. And although the owner was aware of the weather, the owner chose to remove snow and ice from areas on the property other than the building where the workers were doing their job with ladders. The owner took no action to ensure that workers were furnished with devices to prevent ladders from slipping; this violated New York Labor Laws requiring that workers be afforded protection from falls. Predictably, our client’s ladder slipped because he had not been provided with devices to secure the ladder, and he fell to the ground suffering a broken back. Despite the owner’s contention that our client should be 100% responsible for his own actions in working in an unsafe area without availing himself of equipment to make his work area safe, a Warren County jury enforced the New York Labor Law with a verdict in our client’s favor. The trial was presented by Partner Kenneth Fromson.