SETTLEMENTS
| Settlement: | $5,025,000.00 |
| Date of Settlement: | November 27, 2006 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 60 year old disabled retiree. |
| Case Facts: | Plaintiff was at a service station about to place gas in his motorcycle when trucker operating his vehicle at an unsafe rate of speed on adjacent road struck vehicle in front of him in the rear. The truck, then riding up on the vehicle's trunk and losing steering control, skidded off the road into the service station striking plaintiff's motorcycle, pumps and plaintiff throwing him 15 feet and almost amputating plaintiff's leg. Emergency personnel quickly on the scene managed to save his life and plaintiff was helicoptered to trauma center. |
| Injuries/Damages: | Plaintiff sustained severe injuries to his left leg including fracture of femur, lower epiphysis, and closed fracture of upper end fibula eventually requiring above knee amputation as well as numerous skin grafts, harvesting of vein graphs from right arm and upper arm, and gross disfigurement. Plaintiff confined to wheel chair. |
| NOTE: | Case was settled after opening statement by Alfred Mainetti. Case prepared by Alfred Mainetti and Joseph O'Connor. |
| Settlement: | $3,500,000 |
| Date of Settlement: | February 3, 2011 |
| Court: | Sullivan County Supreme Court |
| Age/Occupation: | Plaintiffs were a 45 year old female and a 44 year old male |
| Case Facts: | Plaintiffs were riding on a motorcycle in Sullivan County, New York when they were struck by a motor vehicle who failed to yield the right of way. Both plaintiffs were thrown to the pavement, suffering serious injuries. |
| Injuries/Damages: | Female plaintiff sustained severe orthopedic injuries to her left leg, including a fracture of the femur and multiple pelvis fractures. Male plaintiff suffered trauma to the spine, including fractures of the transverse process and bulging discs to the lumbar region. Male plaintiff required surgical intervention to stabilize the spine. Both plaintiffs have had a successful recovery due to extensive physical therapy efforts. |
| NOTE: | Case is believed to be the largest motor vehicle settlement in Sullivan County history. |
| Settlement: | $2,000,000 |
| Date of Settlement: | October 4, 2010 |
| Court: | Supreme Court, Ulster County |
| Age/Occupation: | Plaintiff was 81 years of age and was a retired electrical engineer. |
| Case Facts: | Plaintiff was diagnosed with atrial fibrillation by his primary care physician after suddenly passing out with no warning. The plaintiff did not receive any medication or treatment for atrial fibrillation from his primary care physician and he was not referred to a cardiologist for the management of his life-threatening heart abnormality. Eight months later, the plaintiff suffered a massive stroke caused by untreated atrial fibrillation. |
| Injuries/Damages: | The plaintiff’s stroke caused partial left-sided paralysis and brain damage with significant cognitive deficits. The plaintiff is confined to a wheelchair and undergoes physical, occupational and speech therapy. |
| NOTE: | The case was settled during jury selection by John H. Fisher. |
| Settlement: | $1,500,000.00 |
| Date of Settlement: | July 14, 2008 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 86 year old widow. |
| Case Facts: | Plaintiff was crossing city street in crosswalk when struck by 17 year old driver. Plaintiff says impact caused her to fall to ground. Defendant thought plaintiff was going to stop walking. |
| Injuries/Damages: | Tibial fracture, pelvic fracture, humeral head and neck fracture, infection of fracture sites resulting in two skin grafts, open reduction, internal fixation tibia and fibula with multiple infections at fracture site, permanent antalgic gait. |
| NOTE: | This settlement was driven by fact that plaintiff was previously active elderly person. Undergone extensive hospitalization. Case was handled by Alfred Mainetti. |
| Verdict: | $1,400,000.00 (Jury returned verdict of $200,000.00 for past pain and suffering; $1.2M for future pain and suffering.) |
| Date of Verdict: | June 12, 2009 |
| Court: | Supreme Court, Ulster County |
| Plaintiff: | 36 year old, dance instructor |
| Case Facts: | Plaintiff injured in rear-end collision; struck by 16 year old defendant at 40 mph. |
| Injuries/Damages: | C5-C6 Spinal Fusion. Plaintiff claimed permanent, partial disability.
No lost wages future or post claim.
Case prosecuted by Joseph E. O’Connor. |
| Result: | $1,400,000.00 |
| Date of Settlement/Verdict: | February 15, 2005 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | 48 year old teacher. |
| Case Facts: | Plaintiff while operating a motor scooter on a through road was struck by a car entering the thoroughfare from a side road. Plaintiff was believed dead at scene and covered with sheet until passerby detected life signs and resuscitation efforts were begun. |
| Injuries/Damages: | 3 rib fractures left side, 8 rib fractures right side, right femur fracture, left wrist fracture, right tibial plateau fracture, closed head injury, pulmonary contusion, left distal radial fracture, and degloving injury right elbow. Plaintiff engaged in intensive physical therapy and rehabilitation returning to teaching within one year of injury at same position and rate of pay. |
| NOTE: | Plaintiff made tremendous recovery from significant physical injuries due to intense drive to succeed at physical therapy and rehab. Case handled by Alfred Mainetti. |
| Settlement: | $1,400,000.00 |
| Date of Settlement: | July 21, 2008 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 45 year old union iron worker. Plaintiff maintained union membership but alleged inability to perform all union activities causing lost income of approximately $506,000 to $826,000. |
| Case Facts: | While descending integral vertical ladder, scaffold erected beyond height limitations causing same to shake, slipped and fell approximately 20 feet to foyer floor. |
| Injuries/Damages: | Right bicondylar tibial plateau fracture, right anterior compartment fasciotomy primary closure, pretibial laceration requiring flat coverage atrophy of the right leg, scarring, over 2 years after injury, plaintiff underwent total knee replacement, right knee, which was claimed to be related to initial trauma. Aggravation previous C5-6 cervical fusion. |
| NOTE: | Very serious issue of liability was present in this case as to whether the shaking of the scaffold was a cause of plaintiff's fall or whether plaintiff had simply mis-stepped and fallen. Case was handled by Alfred Mainetti. |
| Settlement: | $1,325,000.00 |
| Date of Settlement: | September 3, 2010 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | 38 year old Overhead Door Installer |
| Case Facts: | Plaintiff was on the job using a ladder to repair a tension spring. The ladder was unsecured and Plaintiff fell over 10 feet to the ground. |
| Injuries/Damages: | Open Reduction Internal Fixation of Right Tibia/Fibula, Right Pilon Tibia/Fibula Open Reduction Internal Fixation, Emergent External Fixation of Right Lower Extremity, Fracture of Distal Fourth of Right Fibula |
| NOTE: | Case handled and prepared by Alfred Mainetti |
| Settlement: | $1,050,000.00 |
| Date of Settlement: | November 15, 2003 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff was a 9 year old infant with significant pre-existing emotional and cognitive disabilities. |
| Case Facts: | Plaintiff was playing in her driveway when she was run over by her grandmother, who was her guardian, operating her grandfather's business vehicle. Significant arguments occurred concerning permissive use of the business vehicle by the grandmother utilizing the vehicle from the residence to the bottom of the driveway to obtain mail during which time the accident occurred. |
| Injuries/Damages: | Severe right leg degloving injury with multiple surgeries and debridements as well as skin grafts with permanent scarring and disfigurement of the leg. Case was handled by Alfred Mainetti and Joseph O'Connor. |
| Settlement: | $1,000,000.00 |
| Date of Settlement: | July 28, 2008 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 41 year old part time roofer |
| Case Facts: | Ladder slipped sideways and plaintiff fell approximately 16 feet when he attempted to swing bucket of tar onto roof. |
| Injuries/Damages: | Left fibula and tibia fracture with internal fixation, right tibia fracture internal fixation. 29 days of confinement to hospital and rehabilitation center. Plaintiff was unable to bear weight for a period of approximately 3 months. Rehab with physical therapy for an additional period of approximately 4 months. |
| NOTE: | Summary judgment under 240 of the New York State Labor Law was granted. The case was handled by Alfred Mainetti and Joseph O'Connor. |
| Settlement: | $990,000.00 |
| Date of Settlement: | August 24, 2009 |
| Court: | Supreme Court, Saratoga County |
| Plaintiff: | 31 year old, part-time laborer |
| Case Facts: | Plaintiff was removing a commercial water storage tank for re-assembly in a different location when an improperly secured, supporting device of a ladder and truck bed was caused to be pushed away from the surface area he was working on as the result of plaintiff's work activity. Plaintiff fell approximately 14 feet. |
| Injuries/Damages: | Fractured right leg requiring surgery and internal fixations, as well as thoracic injury requiring discectomy procedures. Plaintiff was permanently, partially disabled as a result of the accident.
Case prosecuted by Alfred B. Mainetti settled before trial and after summary judgment on liability. |
| Verdict: | $869,980.94 |
| Date of Verdict: | April 12, 2005 |
| Court: | Supreme Court Orange County |
| Age/Occupation: | Plaintiff 20 year old unemployed high school graduate Case Facts: Plaintiff on September 20, 2002 entered and drank with of age friends at a bar becoming intoxicated. Gave keys to his motor vehicle to intoxicated friend who drove car off road. Defendant driver of vehicle and bar under New York Dram Shop. |
| Injuries/Damages: | Plaintiff sustained multiple injuries, most seriously, a traumatic brain injury requiring substantial rehabilitative treatment and resulting in some significant limitations, though plaintiff has a use of all motor functions and drives, his employability is significantly limited. |
| NOTE: | Jury verdict resulted in a significant apportionment of injuries to plaintiff and Dram Shop cause of action. However, same was reversed on appeal and case settled against bar at second trial. Case was tried by Alfred Mainetti. |
| Settlement: | $750,000.00 |
| Date of Settlement: | April 15, 2011 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff was 48 year old male |
| Case Facts: | Plaintiff, a Warrant Officer with the New York State Department of Corrections, was driving his vehicle to the airport while on duty when a 30 foot truck pulled out directly in front of plaintiff's vehicle and caused a collision. |
| Injuries/Damages: | Plaintiff suffered an annular tear at L5-S1 and multiple disc bulges in his cervical and lumbar spine, resulting in an anterior lumbar interbody fusion at L4-L5, L5-S1, and cage placement at L4-L5 and L5-S1. Plaintiff was permanently disabled from working as a Corrections Officer. |
| NOTE: |
Case was settled just prior to Jury selection and handled by Michael J. Kavanagh, Esq.
|
| Settlement: | $750,000.00 |
| Date of Settlement: | June 19, 2004 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 30 years old Case Facts: 30 year old patron of bar was assaulted after leaving bar approximately 150 feet from bar by an intoxicated patron who had words with plaintiff prior to leaving the bar. Plaintiff sued two bars wherein defendant had become intoxicated, the last of which plaintiff had words with defendant before leaving the bar and being assaulted by defendant approximately 150 feet from bar while walking to car. |
| Injuries/Damages: | Plaintiff was punched, fell to ground, hit head and sustained a head injury which caused 3 weeks hospitalization and rehabilitation for 5 weeks. Plaintiff argued through a neuropsychologist that he had sustained cognitive deficits and memory impairment as a result of the occurrence. |
| NOTE: | The case was settled during jury deliberations and it is interesting for the proposition that a bar's duty to protect a patron extends beyond the confines of the bar as the assault herein occurred approximately 150 feet away from the last bar that plaintiff was in and he had crossed the street and walked on a public sidewalk past 5 or 6 business establishments before defendant assaulted him. Case was tried by Alfred Mainetti. |
| Settlement: | $715,000.00 |
| Date of Settlement: | June, 2008 |
| Court: | Supreme Court, Ulster County |
| Plaintiff: | 18 year old, part-time laborer. |
| Case Facts: | Plaintiff, while attempting to paint huge commercial oil storage tank leaned to side causing ladder to slip and fall approximately 15 feet. |
| Injuries/Damages: | Aggravation and Re-tearing of AC Joint Reconstruction, Fractured Two Front Teeth, Grade 3 AC Sprain Right Shoulder, Cadaver Graft Right Shoulder, Revision acromioclavicular joint reconstruction |
| NOTE: | Summary judgment New York Labor Law 240 was granted; case was prosecuted by Alfred B. Mainetti. |
| Settlement: | $700,000.00 |
| Date of Settlement: | July 11, 2006 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 54 year old employee of Sam's Club. |
| Case Facts: | Plaintiff present at Sam's Club at the time construction was taking place and independent contractor allowed free-standing wall to fall onto her during construction. |
| Injuries/Damages: | Traumatic tendinitis left shoulder, post-traumatic stress and depression, severe headaches, cervical discectomies and fusion recommended for radiculopathy resulting in numbness and tingling in left arm and hand. |
| NOTE: | Case was handled by Joseph O'Connor. |
| Settlement: | $700,000.00 |
| Date of Settlement: | July 15, 2006 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 37 year old single woman employed with part time business. |
| Case Facts: | Plaintiff was exiting a restaurant/bar at night when defendant vehicle on through road struck her as she entered roadway. Key witness in vehicle following defendant driver indicated he was looking back and to his left just prior to impact, never slowed down for plaintiff entering roadway. |
| Injuries/Damages: | Right knee dislocation fracture, fracture tibia, ACL reconstruction, disfiguring scars right and left legs. Plaintiff had difficult recovery because of the effects of pain and restriction in mobility and was plagued with recurrent infection and significant emotional distress. |
| NOTE: | Issues of liability were a significant factor in this case as plaintiff was entering a highway from a private drive and defendant was on a 45 mile per hour through road. Case handled by Joseph O'Connor. |
| Settlement: | $640,000.00 |
| Date of Settlement: | May 24, 2010 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | 50 year old Automobile mechanic |
| Case Facts: | Plaintiff was in the grandstand at the Lebanon Valley Motor Speedway when a piece of debris from the track was kicked up by a vehicle. The flying piece of debris struck Plaintiff in his right eye. |
| Injuries/Damages: | Total blindness in right eye. Multiple surgeries in an attempt to save eye and restore vision, including Orbital Trauma Status Post Surgical Repair Right Eye for Ruptured Globe, Surgical Repair of Scleral Laceration, and Surgical Repair and Reposition of Uveal Tissue. |
| NOTE: | Case was settled after 5 days of trial. Case handled and prepared by Joseph E. O’Connor. |
| Settlement: | $625,000.00 |
| Date of Settlement: | July 12 2010 |
| Court: | Supreme Court Dutchess County |
| Age/Occupation: | 68 year old Construction Worker |
| Case Facts: | Plaintiff was using a ladder while in the course of his work. While doing so, he was caused to fall 12 feet from his ladder to the ground. |
| Injuries/Damages: | Bilateral Calcaneal Fractures, Severe Soft Tissue Swelling, Inability to Bear Weight Bilaterally for Twelve (12) Weeks |
| Settlement: | $510,000.00 |
| Date of Settlement: | August 31, 2004 |
| Court: | Supreme Court Ulster County |
| Age/Occupation: | Plaintiff 31 year old iron worker. |
| Case Facts: | Plaintiff while employed to repair interior of huge cement kiln is injured while exiting kiln because of defective exitway and ladder as proper exitway was unsafe as a result of the work being performed. |
| Injuries/Damages: | Fracture of the tibia, closed reduction, ACL reconstruction, patellar tendon grafting, economic loss. |
| NOTE: | Significant issue existed as to whether work was repair or routine maintenance. Difficult fact situation. Therefore, case settled. Case handled by Joseph O'Connor. |
| Settlement/Verdict: | $350,000.00 |
| Date of Verdict: | July 2, 2004 |
| Age/Occupation: | Plaintiff 27 year old bartender. |
| Case Facts: | Plaintiff was struck in the rear by defendant's vehicle on West Side Highway in New York County. However, defendant denied liability arguing that both were passing cars and plaintiff stopped short. Defendant argued that plaintiff's injury was not a serious injury. |
| Injuries/Damages: | Torn cartilage in shoulder, neck and back sprain with three weeks missed work. Plaintiff underwent significant physical therapy even though he returned to work after three weeks. |
| NOTE: | The case tried to verdict by Joseph O'Connor. |
For a free consultation with Mainetti, Mainetti & O'Connor, P.C., call 866-959-3186 toll free or send us an e-mail.
Prior results do not guarantee a similar outcome.
