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.
In the past 60 years Finkelstein & Partners has consistently obtained thousands of successful verdicts and settlements. 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.
Please read on for a selection of recent cases of note.*
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.
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.
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.
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.
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.
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 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.
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.
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.