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.
Having won hundreds of thousands of personal injury cases, our experience is proven. In the past fifty years Finkelstein & Partners has obtained verdicts or settlements with awards ranging from $500 thousand to $34 million. While we have established our reputation as the law firm to retain when seeking top-dollar verdicts or settlements from insurance companies, your satisfaction is our primary goal.
Now in our fifth decade of providing client representation and service, we remain dedicated as ever to fighting for and winning the money you deserve from insurance companies or other responsible parties, while preserving your dignity and privacy.
Please read on for a selection of recent cases of note.*
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.
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.
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.
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.
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.
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.
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.
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.
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.