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.
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.*
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.
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.
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.
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.
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.
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
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.
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