Our Cases of Interest

Landlord and Elevator Repair Company at fault for elevator dropping too fast

Case Ugur v. 140 Broadway Property, LLC and Schindler Elevator Corp.

City of New York - Brooklyn County

Date 2009

In this elevator-fall case within a 52 story hi rise commercial building in lower Manhattan, our client was in his 50's working as the night shift porter and cleaner for 22 years, and member of the local 32 BJ Building Workers Union. He entered on a high floor wanting to do to the next floor down with his cleaning equipment. When the elevator cab doors closed, the cab suddenly dropped and abruptly stopped, and its doors opened between floor to a brick wall and the system panel displayed "39th floor". Stunned and dazed he pressed then pressed the panel button back to the upper floor and the cab responded by returning him to that floor where he then exited.

We established how the shocking event occurred, from defense deposition testimony, and the elevator maintenance records, and its maintenance contract, proving the building elevator system was old, and only had cosmetic upgrades in recent years. It was under a full maintenance contract, staffed daily by at least one elevator mechanic, and that the dangerous elevator had a history to jumping, and that its brake stuck and was sticking and repaired the day before. The insurance defense lawyers presented 2 live witnesses, and an elevator design expert who said accident could not have occurred. On cross-exam, we demonstrated that the brakes were sticking due to building construction dust, and had their expert admit in open court on the witness stand, that our client's shocking experience was possible. The jury was charged with res ipsa loquiter.

Our client was in his 60's at the time of trial. On damage loss, we presented our client's treating doctor and an expert on vocation rehabilitation and economics who informed the jury about our client's suffering and lost wages without benefits, and his future work life. The defense presented 3 opposing "hired gun" experts.

The jury deliberated for 1 hour on liability, and 1.5 hours on damages. The jury found the landlord 50% responsible, and the elevator contractor 50% at fault.

The jury valued our client's losses at $1,554,000. It was $300,000 for past pain and suffering; $700,000 future pain and suffering; $312,000 past lost income; $208,000 future lost income; and $34,000 in medical expenses.

City of New York must pay pedestrian slipping and falling outside crosswalk

Case Hutchinson v. City of New York

Court Queens County - Jamaica Courthouse

Date 2008

At the time of the accident, our 60 year-old woman and mother of several adult age sons and daughters was walking home the day after a snow storm that stopped 30 hours earlier. Ice on sidewalk conditions forced from her normal routine into the road for a safe way home. Crossing the street, she slipped and fell on a different patch of ice and badly hurt her knee. She wanted to sue the City because a snowplow truck workers made the natural conditions worse, and City codes existing at the time required better care areas of sidewalks.

We found City sanitation records showing they plowed the street the day before the accident, which caused and created the problems on the sidewalk and road. Her husband was home when she finally arrived, and took photographs. We presented the scene pictures during trial that showed the problem. And we presented an engineer who explained that the city probably created the hazard and danger.

The City's chief witness denied that their trucks were not on that street, relying on his general knowledge of the custom and practice of the way things are done.

This pedestrian walking home did not have to prove her long lasting injuries, after we won the jury verdict holding New York City 100% at fault.

Hit from behind on way to dentist

Case Ioannides v. Operative Plasterers & Cement Mason's Local 5 & Conomos

Court Bronx County - The Bronx

Date 2007

This hard working employed construction worker was struck from behind while stopped at an intersection, making a right hand turn en route to dentist for a root canal. He was hit hard and did not take an ambulance. Lumbar spine disc herniations became painful and required months of therapy care and epidural steroidal injections in the lower back.

We made the car from behind admit and concede liability on the eve of trial, and the defense lawyer kept repair records out of evidence.

The following car's lawyer fought to say it was only a light fender bender, and that the injuries pre-existed the accident and did not meet the New York State serious injury threshold requirements.

We made the rear car driver's expert admit that a rear end impact of any severity can cause the front car driver's symptoms.

The jury deliberated to won money award for his personal painful injuries and suffering issue.

Union shop steward fell from old ramp

Case Pesca v. City of New York, Hunter City Services Inc, A.J. Contracting Co., Inc. & Regional Scaffolding & Hoisting Co.

Court Bronx County - The Bronx

Date 2007

At this City owned building construction project, the 35 year-old labor union shop steward cleared snow from an exterior ramp, but then while pushing an empty 4 wheel garbage cart up the incline with a co-worker, the other laborer lost control, causing the shop steward to slip and fall backward and be hit by the cart. Also his foot got caught in a hole in the ramp, and was unable to pull away from the cart crash impact because the hand railing was loose and moved when pulled.

He needed surgery for lumbar spine herniated discs and had infection complications and died before the trial of unrelated causes. The wife surviving sued. The husband and wife had a young infant son.

The ramp was old and weathered worn because of construction project delay, and never had maintenance or repair. The slope was steeper than building codes permit, and other people knew and complained that the ramp was hard to climb and its angle was too big. No one bothered to inspect, repair and maintain this dangerous condition.

The contractor and building owner said that no building code applied for construction or care of the structure, and that injuries all pre-existed the smash up.

Trial motion ruled by the Judge limited the construction worker's claims and the case settled during trial.

Domestic worker fell from building while window cleaning

Case Roth v. Sandifer and Anahaddapura Corp.

Court New York County - New York City

Date 2007

In a New York City condominium building, this 45-year immigrant housekeeper cleaned a high floor condo unit. While on an outdoor deck patio cleaning windows, the platform broke making her fall landing on her feet wedged in an alley. New York City firemen rescued her and she survived.

The unit landlord told to wash the windows. She could get outside only from exterior ledge. The owner and corporate lawyers suggested that she was foolish doing it and the judge kept the board fragment pieces out of evidence. The owner said it was a shelf for flowers and plants only. The condo corp knew about the situation before it happened, but did not care enough to do something about it and fix it.

Broken bone pelvic fracture, crushed heel and ankle fracture required surgeries, partial amputation and painful arthritis and devastated effects on living normally. Their adult children were grown and it affected her husband's relationship with her. The insurance company doctor said she could walk perfectly with a fake leg and cane.

Money from jury was for human loss pain, suffering, anxiety and emotional distress, medical expenses, and its effect on the husband and wife relationship.

Lazy landlord lets people suffer on sidewalk

Case Fokina v. Nayeem

Court Queens County - Jamaica Courthouse

Date 2007

Going to the gym for a swim in the pool, on this morning our 70 year-old immigrant athletic client slipped and fell and broke her leg and wait for ambulance on slippery ice covered and hidden by snow. Finally an ambulance with flashing lights came to her rescue.

The snow stopped falling the day before. The property manager and tenants denied the condition and incident, and testified only to custom and practice concerned with salt and snow removal. The jury heard from an expert engineer the landlord ignored the City codes for property and sidewalk care.

Her son did not live with her, and the bi-malleor anklebone fracture required surgery and screw and pin hardware, and awful throbbing and burning arthritis getting worse with time. The insurance lawyers said the injury was not serious.

Our victim won compensation funds from the jury for her pain, physical suffering, discomfort and limited range of motion, shock, anguish, emotional distress, and loss of enjoyment of life.

Building super fell on stairs

Case Riley v. ISS International Service System, Parker Interior Landscape, Everlasting Floral Products, Trump Corp, Residential Board of Trump Tower Condominium

Court Kings County - Brooklyn

Date 2005

Working early in the morning, a 40 year-old superintendent's helper slipped in the building sub cellar on ramp by steps sharper than 3 times allowed under the Administrative Code of the City of New York. Also it did not satisfy good architect slope and safety standards, and dirt and water was dropped on its floor surface. While there was no witness it was logged in engineering and building guard books, and the employer sent him home early on the day of the accident.

The people responsible for the area denied everything and blamed it on our victim.

Our working client was having lower back problem with disc herniations. The disability was permanent, and he did sue for lost salary paycheck wages, and grief, agony and suffering.

Driver not paying attention and hit lady crossing the street

Case Giordano v. Maione

Court Nassau County - Long Island

Date 2009

Trouble seeing from the strong bright sun shine glare in the driver's eyes was the great reason why our Long Island resident got hit while she cross walked at this side open traffic light controlled street and avenue / street crossing intersection. It hit her waist, hip and leg area and left her with a bleeding head. Firemen responded to the calls for help and found her still lying in the street.

Our client, a loving grandparent her grand kids, once active now suffers with a broken leg that needed surgery and now needs assistance walking.

The driver's insurance company paid for the damages during the trial before jury deliberations.

Elevator cab falls from skyscraper high rise building

Case Ugur v. 140 Broadway Property LLC and Schindler Elevator Corp

Court Kings County - Brooklyn

Date 2009

In a 52 story high commercial building in lower Manhattan, our 56 year-old client was working the night shift for years as a porter cleaning bathroom toilet washrooms, as a Local 32 BJ Building Workers Union paid up member. The elevator cab doors closed and it dropped suddenly and abruptly stopped, and its doors opened to a brick wall, between floors. Stunned and dazed he pressed the panel's button for the upper floor, and the cab responded finally allowing him to exit.

A contractor company was supposed to full maintain the electric and mechanical system components with a resident on staff engineer mechanic. The elevator cab had a reputation for jumpy behavior, and its sticking brake was unstuck by disassembly and re-assembly the day before. The mechanic saw building construction dust on the motor's brake system and said that was probably making the brakes stick. Also the strange, bizarre and unordinary behavior of the 36 year-old cab that had cosmetic upgrade only, may be because of its wear from age in recent years.

Our working client did report the event and went in pain to a nearby hospital for emergency care. Later he was discharged to his apartment where he lives with his wife and 2 teenage sons. He then had rehabilitation medicine and treatment. X-ray, MRI, CAT and EMG diagnosis showed cervical neck and lower back lumbar radiculopathy with shooting sharp burning paint tingling and numbness caused disc bulge and herniation. He took 2 long needle lumbar epidural injections. His condition became chronic and is now disabled and unable to return to work.

Our client received a jury decision for to compensate him for lost earnings based on his future work life expectation, medical costs, and suffering and pain.

Hit while running for his life

Case Catinella v. Mecca & Son Trucking Corp and Hudgins

Court Queens County - Jamaica Courthouse

Date 2008

Our client worked as a Union highway construction operating engineer on a closed traffic lane of the Cross Bronx Expressway when he was run down by an out of control 18 wheel tractor trailer truck that lost its brakes that caused it to swerve and use an emergency brake.

In this industrial accident the large truck knocked away cones, fences, barricades, heavy machines and machinery and twisted metal along the highway divider. Our worker ran away from the speeding truck when it rammed and thrust him forward against objects and onto the ground causing serious personal injuries. A police car sped away to avoid the collision and the truck continued to also hit cars and people as others watched in horror.

He was compensated on the eve of trial for his broken ribs and hip replacement surgery in his mid 40's.