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Searching for VA expert for SSD cases. We will explore why choosing OAS as your vocational expert is the best decision for your Social Security Disability case.

OAS Vocational provides specialized support for veterans, ensuring they receive fair & accurate evaluations for their disabilities.Contact oas vocational expert

Learn about the most common types of motorcycle crashes and practical tips to avoid them, helping you stay safe and prevent accidents on the road.

This guide will explore why OAS should be your go-to legal partner for medical malpractice cases and how they can help you navigate the complex legal system

Choose OAS For Wrongful Death. Our vocational expert guides you through the legal process and helps you seek justice & compensation for a wrongful death.

What is Medical Malpractice? Let’s explore what medical malpractice is, medical malpractice eligibility how it works, & the benefits it offers to individuals & society

What Does a Personal Injury Lawyer Do? OAS Personal injury lawyer can investigate your case and help you fight for maximum compensation. Call us Today!

What Does Esquire Mean for Lawyers? Esquire is a formal title that can be used after a man's name if he has no other title, especially on an addressed envelope.

Why OAS is the Best For Life Care Planning Services? OAS offers expert life care plan evaluations for attorneys handling injury, malpractice, liability, accident, etc.

How To File A VA Disability Claim? Find out how to file a claim for disability or increased disability compensation. Call Oasinc today for the VA Disability Claim.

What Is a Wrongful Death Lawsuit? A wrongful death claim refers to a civil lawsuit filed when someone dies as a result of someone else's misconduct.

What Is PACT? Understanding the PACT Act is essential for knowing your VA benefits if you're a veteran or someone supporting a veteran.

Understanding your rights under employment law is crucial for protecting yourself and knowing what actions to take if those rights are violated.

Choosing OAS (Occupational Assessment Services) for vocational evaluation can make a big difference for those dealing with personal injury cases.

Understanding Your Rights as a Plaintiff in a Motor Vehicle Accident. Learn your rights after a car accident with our guide to protect your interests and claim

2024 VA Disability Rates: The 2024 VA disability pay rates are out! Learn about the VA disability rates for 2024 and how they might affect you.

Can My Social Security Benefits Be Garnished? Garnishment Often, recipients of Social Security benefits are dealing with great financial stress. Learn more!

How to Fail a Vocational Evaluation? Explore pitfalls that could result in an unsuccessful vocational evaluation and discuss strategies for avoiding them.

How To Apply For Social Security Disability? Learn the individuals seeking disability benefits because of an illness or injury that hinders their ability to work

What is Social Security disability insurance eligibility? Read about the criteria for qualifying for SSDI, and the application process. Learn More!

What is a social security disability lawyer? A disability lawyer helps with the SSDI application and appeal process. Contact OAS disability lawyer today!

What Disabilities Qualify for Vocational Rehabilitation? Learn how OAS can help individuals with developmental disabilities achieve their career goals.

Most personal injury cases settle out of court, well before trial, and many settle before a personal injury lawsuit even needs to be filed. Learn More!

Learn why hiring a social disability lawyer is crucial for navigating the complexities of social security disability claims. Read the benefits of SSD Lawyer

Read about when Is the Best Time To Hire A Workers’ Compensation Attorney. Contact an OAS Workers’ Compensation Attorney for the claim procedure. Learn More!

Unlock the secrets of medical malpractice settlement negotiations on the OAS blog Navigate complexities for a just resolution. Learn More!

Were you injured in a car accident? Learn more about what an OAS Car Accident Lawyer does by contacting the OAS Personal Injury Lawyer.

Negligence vs Negligence Per Se. Negligence cases can be hard to prove Negligence per se may offer a shortcut. Read on to learn more.

Explore the insurance dynamics in personal injury cases and how to work with a dedicated personal injury lawyer in Lodi, New Jersey for expert guidance.

Do I qualify for Social Security benefits? OAS explains your eligibility To be eligible for retirement benefits, a worker must pay into Social Security.

Workers’ compensation is a government-mandated program that pays benefits to workers who become injured or disabled. Contact OAS worker compensation attorney

How To Sue For Wrongful Termination? 7-step guide with examples to navigating a wrongful termination claim, from initial documentation to legal representation

Discover the causes, implications, and legal remedies in medical malpractice cases. Expert insights on this crucial topic.

Learn why nurses are essential in life care planning. Explore their impact on personalized, effective care strategies

With Supplemental Security Income (SSI), a significant settlement can reduce your monthly benefits or disqualify you from the program.

Product liability cases can be tough, requiring the assistance of various experts in addition to a legal team.

Medicaid Long Term Care includes various programs that can help financially challenged seniors receive the care they need.

The question of what is court testimony can be confusing for those who aren’t legal professionals, primarily due to the fact witnesses fall into two distinct categories.

Demonstrative evidence can clarify the facts of the case and convince a jury of your claims.

Loss of earning capacity can be awarded in a personal injury case and may help you recover financially after suffering an injury.

The VA disability increase 2024 is a good measure to fight inflation that may not be enough to account for the needs of all veterans.

Many people who received workers comp also ask the question “Can I get disability after workers’ comp settlement”. The answer is yes, but it can be challenging.

While you can never be 100%, there are a few noteworthy signs that you lost your disability hearing. Read the top Signs That You Lost Your Disability Hearing

A life care plan can help families and attorneys account for the long-term care plans of an injured individual.

Your goal in a disability hearing is to challenge the testimony of the vocational expert until vocational expert says no transferable skills.

Can you get disability if you never worked? While you may not be able to qualify for SSDI benefits.

Hiring a vocational expert witness in a personal injury case helps substantiate it and may result in receiving a more substantial settlement.

You’ve most likely heard that a vocational expert will testify at your SSDI hearing. But what is a vocational expert in a disability hearing and how will their testimony impact you?

You may have questions about how an SSA hearing looks and what happens when vocational expert says no jobs are available. Here are some FAQs that will provide a clearer picture.

Earning capacity assessments can provide an accurate estimate of the full amount of losses in your personal injury case.

A vocational expert for wrongful death can put a dollar amount on what seems unquantifiable - your deceased loved one’s financial contribution to your household that was taken away from you.

Vocational evaluations in divorce play an integral role in ensuring the amount of support is appropriate.

Vocational evaluation for medical malpractice cases can reveal how the injury caused by negligence impacts the plaintiff’s employability and income.

Are SSDI and SSI Benefits Increasing in 2024 ? Learn how SSDI and SSI benefits are changing in 2024 due to cost-of-living adjustments.

If you’re planning on filing for disability, you’re most likely wondering can you get both SSI and SSDI benefits.

While you’re most likely wondering what is economic damage, there are other forms of compensation you can recover in a personal injury suit.

Understand what a 100% VA disability rating means and learn how much in SSDI benefits disabled veterans may qualify for. Get details on eligibility, monthly payments, and expedited claim processing.

While the primary goal of vocational rehabilitation is helping disabled individuals overcome their limitations, it can also be used in a personal injury setting to evaluate employability.

Vocational expert for VA TDIU cost may seem excssive, but vocational assessment is one of the most important pieces of evidence you need to win TDIU benefits.

Medical record review is an important part of personal injury cases because the outcome of the case rests on the accuracy of the plaintiff’s medical records.

Learn how lump sum settlements from a personal injury case or workers' compensation claim can impact your SSDI or SSI benefits. Get tips on protecting your eligibility status when receiving a payout.

If you’re filing a personal injury lawsuit, you must be wondering what is loss of earning capacity. While similar to lost earnings, earning capacity is something drastically different.

Attending an SSDI disability hearing can be stressful. Fortunately, knowing what to expect can help alleviate some of the anxiety.

A nurse life care planner has the expertise to accurately assess the costs of ongoing and future care for individuals suffering from chronic ailments or permanent injuries.

Explore economic damages in personal injury cases and the role of vocational experts with OAS.

Vocational experts occupy a unique position when it comes to Medical Records Review, especially in the context of life care planning.

If you’re wondering what is demonstrative evidence and how it impacts cases, you’re not alone. Fortunately, the relationship between demonstrative and real evidence is easy to grasp.

If you’re about to be deposed, you may wonder how is a deposition different from trial testimony. This is a good question that will help you enter the process with more preparation.

A life care plan is essential for individuals suffering from ALS and cerebral palsy, yet, due to the differences between these conditions, the life care plan will be significantly different.

Although the Medtronic spinal cord stimulator lawsuit seems scary, it’s in fact one of the rare instances of complication with this type of treatment.

Functional vocational evaluation offers a scientific, fact-driven approach to matters regarding employability and it’s used in different types of court cases.

Social Security Disability assessment can be convoluted. Fortunately, even if everything fails, you get another chance to prove your case in Federal Court.

A vocational rehabilitation expert can provide the full picture of your injuries in a personal injury case, and substantiate both medical expenses and loss of earning capacity.

During Social Security disability hearings, a vocational expert will inform the judge about your work-related limitations. Here’s how these Social Security experts can influence the outcome.

Individuals dealing with a debilitating condition can work toward finding employment by leveraging the services of a vocational rehabilitation consultant.

Vocational assessment services can ensure that the full extent of your disability and its impact on your employability are properly documented. Here are the key benefits.

A deposition transcript is a crucial piece of evidence that can be used as a strategic tool by attorneys in an effort to impeach a witness.

There is a huge difference in calculating general vs. special damages in a personal injury case. Understand their impact and importance here

If your disability claim goes to a hearing, there are 4 signs it may be approved such as limited vocational questioning and corroborated evidence.

Physician life care planning is the best way to make sure all costs of your future care are financially accounted for. Here’s what you need to know about this case management tool.

A spinal cord stimulator is an implanted device that sends low levels of electricity directly into the spinal cord to relieve pain.Call Us Now.

A motor vehicle collision case can quickly become a convoluted affair, which is why your attorney may (better yet, should) hire experts who can help you reach a favorable conclusion.

A life care plan personal injury is a valuable tool that could help you avoid litigation and receive a favorable settlement at the onset of the process. Here’s why.

If your request for consideration has been denied, you’ll have to attend an SSDI hearing where you’ll come face to face with a vocational expert. But what is a vocational expert and what do they do?

Medical life care planning is a comprehensive report that provides a detailed overview of your disability. It can be instrumental in strengthening your personal injury case.

Maine vocational rehabilitation counselors help disabled individuals overcome their challenges and find fulfilling employment. Here’s everything you need to know about this career path.

Many veterans are unfamiliar with C&P exams and wonder how long after the C&P exam for decision 2022 or if it is possible to fail this exam. Here are the most common C&P exam questions.

Do you need to know what is TDIU benefits program and how it can help veterans? Read this blog and learn everything from requirements to how to file and win a claim.

Why You Should Give Spinal Cord Stimulator A Go? Living with a spinal cord stimulator can alleviate your pain and help you return to a life before your injury

While filing a VA disability claim, you may be invited to attend an examination. But is a C&P exam a good sign? Read this article to find out.

Believe it or not, how to fail a vocational evaluation is a common question. Here are some things that people ask that may help you learn more about this process.

Many filing disability claims are apprehensive about a vocational expert at SSDI hearing. To dispel any confusion, here’s a rundown of their role in the process.

To understand if the medical record review cost is worth it, you need to consider the role medical records play in your disability hearing first.

Nursing home expert witness services are necessary in negligence cases as they can demonstrate to the jury exactly how nursing home negligence occurred.

Gain insights into Social Security Disability hearings with Administrative Law Judges and vocational experts. Explore if their perspectives align in every case.

Veterans evaluation services can help you connect your injuries to your service and ensure you receive maximum VA benefits.

A certified rehabilitation counselor can help empower those with disabilities and provide them with the tools they need to become independent.

Many veterans wonder how long does it take to get VA unemployability benefits. Here’s a full breakdown of the entire process.

If you’re wondering what is vocational counseling is and how it can help disabled and injured individuals, look no further. Here’s everything you need to know.

A vocational assessment test can help injured workers learn about their vocational limitations and their employability within their new limitations. Here’s what you need to know.

Life care planning is a complicated process that entails a deep knowledge of U&C meaning and research of UCR fees to determine the costs of future care.

Thinking of going through vocational evaluation training? Here’s what you can expect!

If you’re preparing to file a TDIU claim, you’re probably wondering if there are any vocational experts near me. Take the opportunity to learn how these experts can help your claim.

The question in every injured worker’s mind is what is vocational evaluation in workers’ compensation. Read this to learn what you can expect.

Life care planning New York can help your disabled or elderly clients receive the appropriate compensation to cover their lifetime care needs.

Do you need a vocational expert witness in California? Here’s why OAS is the right choice!

A Zoom deposition is convenient, but the real question is whether it is admissible in court.

If you were involved in an accident and are filing a personal injury claim, you need to use a lost earnings calculator to figure out the value of your claim.

Life care planning New York can help your family recover after a catastrophic injury and ensure you receive the benefits necessary to cover future medical expenses.

Business interruption insurance can help your business recover in case of a disastrous event. Here’s what you need to know, including how a business interruption expert can help.

Understand what a deposition errata sheet is, when significant changes are allowed, and how to properly introduce modifications to deposition testimony.

Expert depositions are challenging for young attorneys - which is why an expert deposition outline is helpful. Here’s how to put one together.

If you’ve been wrongfully terminated, you need to know what is front pay and what types of damages you could receive. Read this blog to find out.

Vocational evaluation divorce experts can come in handy in divorce cases to ensure a fair outcome for all parties.

If you got injured at work, you’re probably wondering what is a vocational evaluation in workers’ compensation. Here’s your answer.

Are you considering spinal cord stimulation? Then you probably wondered if the spinal cord stimulator battery replacement cost is worth it. Let’s find out.

Read our blog and know about vocational expert witnesses in California. For more information, contact us at 800-292-1919.

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A C&P exam holds significant weight in determining VA disability claims, but a negative result doesn't mean certain denial. Here's what to do if your C&P exam is unfavorable.

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We have extensive experience in working with Plaintiff and Defense attorneys in Personal Injury, Medical Malpractice, Product Liability, Motor Vehicle Accident, and Slip and Fall cases. We also have expertise in providing evaluations in Wrongful The post Fresno Vocational Experts appeared first on OAS.

Read our blog and know about the impact of a vocational expert in a wrongful death case For more information, contact us at 973-365-2227.

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A recent representative case illustrates how vocational expert opinions support workers’ comp disability benefits

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What is Vocational Evaluation? Delve into everything you need to know about vocational evaluation in our blog. contact OAS at 800-292-1919 and stay informed

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Veterans, secure Total Disability for Individual Unemployability (TDIU) with documented service-related disabilities and functional evaluations proving unemployability.

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Vocational experts may also work as life-planning experts for individuals who are disabled by catastrophic injuries.

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Vocational Experts Help Lawyers Decide Whether a Spouse Who Lost a Job During the Pandemic Is Shirking

Read our blog and know about the vocational expert testimony that supports the award of $1.5M in lost earning capacity after thumb amputation.

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Loss of Earning Capacity vs. Loss of Future Earnings. Understand how Loss of Earning Capacity differs from Loss of Future Earnings. Learn from experts at OAS Inc.

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VIDEO TRANSCRIPTION An auto accident between a Jeep and a U.S. postal truck left the Jeep’s then 13 year-old passenger, en route to church, seriously injured after the postal truck turned prematurely and the Jeep The post US Postal Truck Sudden Left Turn Injures Teen appeared first on OAS.

VIDEO TRANSCRIPTION This video details how OAS experts conducted a report for a wrongful death lawsuit. A man with a sleeping disorder received opioid medication and suffered a fatal brain injury. The suit claimed the The post Wrongful Death Lawsuit Settled for $7 Million Dollars appeared first on OAS.

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VIDEO TRANSCRIPTION While you’re representing an employee in their wrongful termination case, a vocational expert may be what you need on your side to achieve the best results for your client. If you have questions The post Benefits of Hiring a Vocational Expert for a Wrongful Termination Case appeared first on OAS.

VIDEO TRANSCRIPTION A 30-year-old New York college student underwent surgery for treatment of a spinal herniated disc. Operating room errors left the college student with severe and debilitating post-surgical injuries that greatly altered her future The post Operating Room Errors Leaves a College Student with Debilitating Post-Surgical Injuries appeared first on OAS.

VIDEO TRANSCRIPTION A long-time sponsor of the Texas Trial Lawyers Association, the Life Care Planners, and Vocational Experts at OAS will conduct a thorough and objective assessment of your case and your plaintiff’s injuries to The post OAS Pivotal in Texas Personal Injury Cases appeared first on OAS.

VIDEO TRANSCRIPTION If your client has spinal cord injuries, they are likely unable to do their current job and will have a substantially reduced earning capacity and future medical care costs, which would require a The post Why Your Client with Spinal Cord Injuries Needs a Life Care Plan appeared first on OAS.

VIDEO TRANSCRIPTION A man who was seriously injured when his motorcycle collided with an ambulance was paid a $4.5 million dollar settlement in his Monmouth County personal injury suit with the assistance of Occupational Assessment The post Life Care Planners Investigate to Determine the Value of a Case appeared first on OAS.

Watch this video and you will see that even when a person is wrongfully terminated, some parties manipulate their ability to obtain alternative employment.

VIDEO TRANSCRIPTION It goes beyond a good lawyer and a therapist. Many divorces these days require a qualified vocational expert. A Vocational Expert will conduct a vocational assessment in the divorce matter. If you need The post Vocational Assessment in Divorce Cases appeared first on OAS.

VIDEO TRANSCRIPTION OAS expert findings have played a key role in some of New York’s biggest settlements in the country including one that resulted in a $102 million dollar reward for the victim of a The post OAS Teams with Plaintiff and Defense Attorneys to Assess Damages in a Case appeared first on OAS.

VIDEO TRANSCRIPTION When disaster strikes whether it’s through a motor vehicle accident, medical malpractice or other personal injury, and it leads to a catastrophic result, the team at OAS will help New Jersey attorney’s fight The post OAS has Worked on 7 of New Jersey’s Largest, Personal Injury Awards in 2019-2020 appeared first on OAS.

VIDEO TRANSCRIPTION A quarter of a million dollars was awarded to a New Jersey man who underwent two spinal surgeries after a chain-reaction crash caused by a dump truck. OAS played a pivotal role in The post OAS Played Pivotal Role in $750,000 Settlement appeared first on OAS.

VIDEO TRANSCRIPTION An office cleaner seated in the back seat of a car that was rear-ended by a truck was forced to undergo a two level spinal fusion. After returning to her cleaning job she The post Diminished Earning Capacity After Rear-Collision Settled for $1.3 Million appeared first on OAS.

VIDEO TRANSCRIPTION Covid-19 has not stopped married couples from splitting and OAS is available with comprehensive testing via video or telephone conference. If you have a Divorce case where alimony most likely will become a The post Divorce Can Be Ugly When Determining Spousal Support appeared first on OAS.

VIDEO TRANSCRIPTION Our Veterans have done so much for our country, but when they return home with severe physical or psychological injuries, what are we doing for them?The Veteran Administration’s total disability benefit, or TDIU The post OAS Experts Provide Information Needed to Document TDIU Issues in your Veterans Disability Case appeared first on OAS.

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Vocational experts are used as witnesses in various fields of law. Whether it is for Social Security, Worker’s Compensation, or something else, the expert witness is a key part of any hearing. The key to The post 3 Skills Lawyers Look for in a Vocational Expert appeared first on OAS.

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This priority became a national movement that is called Employment First Initiative, which is a framework for change that is focused on this singular premise:

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Find out the significance of a Vocational Assessment in your divorce case. Expert advice from OAS Inc

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VIDEO TRANSCRIPTION It Was A Terrifying Scene. March 15th 2018. The Pedestrian Bridge Under Construction At Florida International University In Miami Collapsed, Trapping Cars Under Tons Of Fallen Concrete. Six Dead And Eight Hurt- Including The post Miami Bridge Collapse Six Dead, Eight Hurt appeared first on OAS.

VIDEO TRANSCRIPTION A New Jersey Driver Who Underwent Not One, But Two Spinal Surgeries, After Being Rear-ended By Another Vehicle, Has Been Awarded One Point Seven Million Dollars- Thanks In Part To O-a-s, Occupational Assessment The post New Jersey Man Rear-ended $1,700,000 Settlement appeared first on OAS.

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Discover the importance of vocational assessment. Get personalized guidance and assessments from industry professionals. Schedule a consultation today.

Understand the components of a Vocational Evaluation in Workers' Compensation Cases, assessing pre-accident earnings and estimating post-injury potential based on the injury.

Explore essential inquiries for vocational experts. Learn how they can assist with career evaluations and disability claims.

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Explore details on spinal cord stimulators for chronic injury pain, including costs and complications. Rely on our vocational experts for comprehensive lifetime care planning.

Learn how the SSA uses vocational experts in disability claims. Discover their role and impact on Social Security Administration assessments.

Uncover the crucial role of a Vocational Evaluation in divorce cases. Learn from OAS Inc why this assessment is vital for strategic decision-making.

An OAS Vocational Expert and Life Care Planner evaluated this New Jersey, medical malpractice case by detailing the medical care, therapies, prosthesis, equipment, and supplies. Call us at 800-292-1919.

A motorcycle victim was struck by a turning vehicle and suffered serious injuries resulting in several surgeries. Call OAS Motor Vehicle accident vocational expert

VIDEO TRANSCRIPTION Veterans, if you came home with a physical or mental impairment, or your condition was aggravated by your service, who will protect you? The Vocational Experts at OAS can help, call us at The post Vocational Experts are Critical in Veterans’ Disability Cases appeared first on OAS.

Rear-ended by a tractor-trailer left a woman with severe head and neck injuries. OAS was brought in for a vocational evaluation and life care plan to assess her damages

VIDEO TRANSCRIPTION OAS evaluated this case and detailed the medical care, therapies, prosthesis, equipment and supplies that he would need over a lifetime. In addition, OAS projected his loss of earnings sustained due to the The post The Case of a Child Who’s Life Changed Forever When He Lost a Limb appeared first on OAS.

VIDEO TRANSCRIPTION In this record recession, many spouses will be re-opening their cases and a vocational expert can evaluate the individual’s current earning capacity.

Ed Provder, founder of Occupational Assessment Services, conducted an employability evaluation to help determine the total loss of earnings sustained due to severe injuries

VIDEO TRANSCRIPTION A Life Care Plan is an important evaluation when an individual´s injury is so severe that they will impact the person’s ability to perform their activities of daily living. If an individual uses The post $6.5 Million — Life Care Plan and Rehab Plan for Infant Brain Injury Helped Prove this Case appeared first on OAS.

VIDEO TRANSCRIPTION A Life Care Plan is an important evaluation when an individual´s injury is so severe that they will impact the person’s ability to perform their activities of daily living. If an individual uses The post Traumatic Brain Injury – OAS Gets Lifetime Care and Rehabilitation Needs Met appeared first on OAS.

VIDEO TRANSCRIPTION A comprehensive life care plan will answer all of the important questions to prove the value of your case. Watch More!

Employability evaluations can document the case damages for individuals who have sustained low back injuries, neck injuries, traumatic brain injuries, severe non-healing fractures, reflex sympathetic dystrophy, loss of vision, burns, spinal cord injury as well The post OAS’s Employability Evaluation Helped Prove Accident Injuries Case Resulting in $2.3 Million Verdict appeared first on OAS.

VIDEO TRANSCRIPTION If you suffered severe, serious physical, emotional or psychological harm, an expert at Occupational Assessment services can help prove your case and get you justice. Employability evaluations can document the case damages for The post PTSD Verdict for $2.4 Million – OAS Inc Plays a Key Role in Case Against Major Financial Institution appeared first on OAS.

VIDEO TRANSCRIPTION A Life Care Plan is an important evaluation when an individual´s injury is so severe that they will impact the person’s ability to perform their activities of daily living. If an individual uses The post Record-Setting Award – $102 Million – Life Care Plan Formulated for Traumatic Brain Injury appeared first on OAS.

VIDEO TRANSCRIPTION Occupational Assessment Services, Inc. (OAS) helped a man receive an $11 million settlement after he was shot during a routine traffic stop, which left him partially paralyzed. A Life Care Plan is an The post OAS, Inc. Helps Secure $11 Million Settlement for Unarmed Motorist Harmed in Traffic Stop appeared first on OAS.

VIDEO TRANSCRIPTION Occupational Assessment Services, Inc. helped a New Jersey man receive a 12.75 million dollar settlement after he was struck by a New Jersey Transit Bus. A Life Care Plan is an important evaluation The post OAS Helps Secure $12.75 Million Verdict for NJ Resident appeared first on OAS.

OAS, Inc. helped a worker, who was struck by a commercial vehicle, receive $4.5 million for his injuries. Watch the video to find out more!

VIDEO TRANSCRIPTION Occupational Assessment Services (OAS) Inc. helped secure a 5 million dollar settlement for a New Jersey woman who was paralyzed after back surgery. OAS determined what the woman’s life care plan would include. The post OAS $5 Million Settlement – Spinal Surgery appeared first on OAS.

VIDEO TRANSCRIPTION In this short video, OAS, Inc. explains why it is important to include a vocational expert in your SSD claim. Visit our site at oasinc.org The post Using a Vocational Expert for Your Social Security Disability Claim appeared first on OAS.

VIDEO TRANSCRIPTION In this informative video, Occupational Assessment Services explains the importance of a Life Care Plan and the effect that it can have on a case. Watch our video to see how OAS’ Life The post OAS – Life Care Plans for Catastrophic Personal Injuries appeared first on OAS.

VIDEO TRANSCRIPTION A comprehensive Vocational Expert report written in the language of the Veteran’s Administration can assist in documenting a Veteran’s claim for Total Disability. OAS has been successful in assisting many injured Veterans in The post How A Vocational Evaluation Can Help Veterans | Veteran’s Benefits | OAS, Inc. appeared first on OAS.

VIDEO TRANSCRIPTION A recent spinal cord injury case that used a Life Care Plan and a vocational assessment prepared by OAS resulted in a $24 million dollar verdict. If you have questions about a Life The post Case Illustration: Spinal Cord Injury | OAS Life Care Plan appeared first on OAS.

Employability evaluations can document the case damages for individuals who have sustained low back injuries, neck injuries, traumatic brain injuries etc

VIDEO TRANSCRIPTION A life care plan is an objective method documenting the total cost of damages in catastrophic injury cases. An OAS life care plan recently made a huge positive impact in the recovery of The post How a Life Care Plan Can Document Damages appeared first on OAS.

VIDEO TRANSCRIPTION In a catastrophic injury case, a Life Care Plan prepared by OAS helped achieve a $25.3 million cash settlement.

VIDEO TRANSCRIPTION A comprehensive life care plan will answer all of the important questions to prove the value of your case. What are the consequences of these multi-faceted catastrophic injuries on the client’s ability to The post Why Use a Life Care Plan – OAS, Inc. appeared first on OAS.

VIDEO TRANSCRIPTION Occupational Assessment Services Inc., the leader in Vocational Evaluations and Life Care Plans, held a raffle at the Las Vegas CAALA Convention, giving away a $1,000 gift certificate towards a Royal Caribbean Cruise. The post OAS Announces the Winner of the 2016 CAALA Royal Caribbean Cruise Raffle! appeared first on OAS.

VIDEO TRANSCRIPTION Occupational Assessment Services Inc., the leader in Vocational Evaluations and Life Care Plans, held a raffle at the New Jersey AAJ Boardwalk Convention, giving away a $1,000 gift certificate towards a Royal Caribbean The post 2015 OAS Royal Caribbean Cruise Raffle Winner! appeared first on OAS.

VIDEO TRANSCRIPTION Occupational Assessment Services, Inc. is one of the most experienced employability and life care planning firms in the United States. The company’s experts have been involved in many multi-milllion-dollar outcomes, including one of The post Occupational Assessment Services – Vocational Expert & Life Care Planners appeared first on OAS.

Do you have a client in your family law practice who is underemployed, unemployed, or disabled? Do you have a client in your personal injury practice who has suffered a permanent injury that has impacted his or The post What Are the Circumstances Where an Employability Evaluation is Essential? appeared first on OAS.

Read our blog and know about how does the social security disability assessment process works? For more information, contact us at 800-292-1919.

Vocational rehabilitation counselors help people obtain employment for those who assist with helping workers request reasonable accommodation under the ADA.

Read our blog and know about the credibly established limitations standard for vocational experts at SSDI hearings. To know more, contact us at 800-292-1919.

Read our blog and know about how to enhance the proofs in your case with life care planning services. For more information, contact us at 800-292-1919.

Read our blog and know about what does a life care planner does for a person with a traumatic brain injury? For more information, contact us at 800-292-1919.

Read our blog and know about the weight of a disability hearing vocational expert testimony. For more information, contact us at 800-292-1919.

AS is explaining three primary reasons why each side to divorce needs to employ a vocational specialist. For more information, contact us at 800-292-1919.

Read our blog and know what does it take to become a certified life care planner? For more information, contact us at 800-292-1919.

Read our blog and know more about COVID-19 and Vocational Experts. For more information, contact Occupational Assessment Services, Inc at 800-292-1919.

Read our blog and know what is the role of life care planning in catastrophic personal injury cases? For more information, contact us at 800-292-1919.

Read our blog and know what is a life care plan, and how is it used on serious personal injury cases? For more information, contact us at 800-292-1919.

Life care plans and vocational assessments are reports meant to support your disability claim before an ALJ. The main difference between them is the focus of the report.

Read our blog and know what is a vocational expert & why is one present at a disability hearing? For more information, contact us at 800-292-1919.

Read our blog and know about the value of life care plans to proving damages in personal injury & medical malpractice cases. For a consultation, contact today.

Read our blog and know about what role does a vocational expert play in disability claim? For more information, contact us at 800-292-1919.

STATE CHILD-WELFARE WORKERS MISSED SIGNS OF ABUSE Verdict: $165,972,503 The jury found that the DYFS defendants had acted in a negligent manner with respect to their actions/inactions in handling Jadiel's case, and that their negligence was a factual cause of Jadiel's injuries. According to the jurors, the DYFS defendants did not prove that any of their negligent actions or omissions were objectively reasonable, or that they acted with subjective good faith in all of their negligent actions or inactions. The jurors determined that the DYFS defendants acted in a negligent manner in not removing Jadiel from the home, and that the failure to remove Jadiel was a proximate cause of Jadiel's injuries. The post Neomi Escobar, as legal guardian for infant Jadiel Velesquez v. Newark Beth Israel Medical Center; Stephen Amaefuna, M.D.; Fidel Garcia-Fernandez, M.D.; Francis Viejo, M.D.; Jeffrey Lautin, M.D.; Suzanne Aquino, M.D.; Nighthawk Radiology Holdings Inc.; Nighthawk Radiology Services LLC; Newark Diagnostic Radiologists P.A.; State of New Jersey, Department of Children and Families, Division of Youth and Services; Nussette Perez; and Felix Umetitii / Newark Beth Israel Medical Center, Stephen Amaefuna, Fidel Garcia-Fernandez and Francis Viejo v. Joshua Velesquez and Vanessa Merchan / Jeffrey Lautin M.D. v. Vanessa Merchan, Joshua Velesquez, Overlook Medical Center, Herschel Kupper M.D., Thomas Mankiewicz, Gina Ocasio R.N., Glena Valdez R.N. and Emergency Medical Associates / Emergency Medical Associates v. Thomas Mankiewicz M.D., Herschel Kupfer, Joshua Velesquez and Vanessa Marchan appeared first on OAS.

XVIII/7-1 MEDICAL MALPRACTICE FAILURE TO TIMELY PERFORM TESTS FAILURE TO TIMELY DIAGNOSE CEREBRAL ANEURYSM 23-YEAR-OLD MAN SUFFERS QUADRIPLEGIA AND SEVERE BRAIN DAMAGE Verdict: $41,444,531.00 On 1/31/91 at 11:40 AM, Pltf., a 23-year-old elevator mechanic, presented to the emergency room of Deft. Hospital complaining of severe pain in the back, radiating to his head and causing a headache. Pltf. had been working on the elevators outside of Deft. s emergency room when the pain began. Pltf. contended that he should have been questioned more thoroughly by the triage nurse before she categorized him as urgent due to pressure on back. Shortly after he was admitted, Pltf. s headache worsened, and he began vomiting. Pltf. contended that throughout the afternoon his aneurysm was leaking from the subarachnoid space into the subdural space, causing pressure and shifting of his brain. No treatment was rendered, and Pltf. slipped into a coma. Surgery was finally performed at 6:45 PM, 7 hours after he had been admitted to the Hospital, and revealed that Pltf. had suffered a ruptured cerebral aneurysm, resulting in severe brain damage. The post Rosa Fellin, as conservator of the property of David Fellin, conservatee, and David Fellin, indiv. v. Vivek S. Sahgal, M.D. and Long Island College Hospital appeared first on OAS.

FAILURE TO WARN, PRODUCTS LIABILITY - FAILURE TO WARN, PRODUCTS LIABILITY - AUTOMOBILES Verdict: $40,190,417.20 On Jan. 17, 1999, plaintiff Vito Saladino, 36, an airline’s clerk, was a passenger of a “baggage tug” tractor that was being driven by a co-worker, Daniel Snow, who was traveling on a tarmac of John F. Kennedy International Airport, in the Jamaica section of Queens. The men passed a stationary American Airlines Inc. aircraft whose engines were being tested. The engines expelled “jet wash,” which is a turbulent wake of gases. The wake’s force dislodged the tractor’s hood, which struck Saladino’s head. Saladino sustained a paralyzing injury. Saladino sued the model BT-345G tractor’s manufacturer, Marietta, Ga.-based Stewart & Stevenson Tug, LLC; the company’s parent, Houston-based Stewart & Stevenson Services Inc.; and a subdivision of the parent, Stewart & Stevenson Technical Services Inc. Saladino alleged that the tractor was defectively designed, that the defect constituted a breach of the product’s warranty and that the defendants failed to provide a warning of the dangers that could have resulted from the tractor’s use. The post Vito Saladino and Annmarie Saladino v. Stewart & Stevenson Services, Inc., Stewart & Stevenson Technical Services, Inc. and Stewart & Stevenson Tug, No. 01-CV-7644 appeared first on OAS.

XI/32-1 MOTOR VEHICLE PEDESTRIAN ROAD DEFECT INADEQUATE TRAFFIC CONTROLS 12-YEAR-OLD BOY SUFFERS SEVERE BRAIN DAMAGE AND MULTIPLE FRACTURES AND DEFORMITIES Verdict: $37,760,680.00 Pltf. Kerwin, 12 years of age at the time of the accident, was struck by a vehicle driven by Deft. Williams (16% liable) on 11/17/88 at approximately 4:30 PM as he crossed the intersection of Bedell and 133rd Sts. in Jamaica. Pltf. contended that Williams was driving 42 mph in a 30-mph zone. He also contended that the intersection did not have traffic control devices due to the negligence of Deft. City (80% liable). Deft. Williams claimed that Pltf. darted out from behind a southbound vehicle and ran into the side of his car. Deft. noted that there was damage to the side of his vehicle where he claimed Pltf. ran into it. Pltf.’s expert contended that the displacement of Pltf.’s right hip indicated that he was struck by the front of Deft. Williams’ car. Deft. contended that he did not see the child until he was only about 3 feet away. Pltf. contended that the infant had come from the opposite side of the street, and had crossed over 30 feet of open space before being struck by Deft. Pltf. noted that Deft. was rushing home with medication for his ill son, and may have been distracted by concern for his son at the time of the accident. The post Carlton O’Brien, as of Kerwin O’Brien v. City of New York and James Williams appeared first on OAS.

XVIII/12-1 MOTOR VEHICLE MOTORCYCLE ROAD DEFECT DEFECTIVE ROAD DESIGN AND IMPROPER MAINTENANCE OF ROADWAY DANGEROUS CURVE IMPROPER SIGN QUADRIPLEGIA DAY IN THE LIFE FILM Verdict: $22,261,355.00 On 6/25/91, Pltf., a 23-year-old telephone company field technician, suffered severe injuries in a motorcycle accident that occurred on 39th Ave. at its intersection with 204 St. in Bayside. Pltf. was traveling westbound and there was a curve in the roadway. Pltf. contended that an eastbound car traveled into the westbound lane, forcing him to turn left, toward eastbound traffic. He lost control of his motorcycle, which overturned and slid across the road onto the opposite sidewalk. The post Robert Dunn v. City of New York appeared first on OAS.

IX/45-1 MOTOR VEHICLE MOTORCYCLE DEFENDANT FAILED TO STOP AT STOP SIGN PARAPLEGIA REMITTITUR ON PAIN AND SUFFERING AWARD Verdict: $10,328,100.00 $22,908,100 (6/0), reduced to $10,328,100 as excessive. Breakdown: $12,000,000 for future pain and suffering (reduced to $3,000, 000); $2,000,000 for past pain and suffering (reduced to $1,000,000); $462, 000 for future medical care (undisturbed); $586,000 for future special equipment (undisturbed); $35,100 for past lost earnings (undisturbed); $2, 315,000 for future lost earnings (undisturbed); $1,000,000 for future therapeutic modalities (equipment needed, i.e., catheters) (undisturbed); $ 4,330,000 for future cost of attendant and housekeeper (reduced to $1,750, 000); $180,000 for future Social Security loss (undisturbed). Jury: 5 male, 1 female. The post Raul Martin v. Dellwood Foods appeared first on OAS.

CAR WAS PROPELLED OUT OF COLLISION, STRUCK BYSTANDERS Verdict: $9,000,000 On Sept. 5, 2013, plaintiff Eita Pruss, 21, a student, was struck by a motor vehicle. The incident occurred on a median that separated Eastern Parkway, near its intersection at Kingston Avenue, in the Crown Heights section of Brooklyn. Dennis Blanchette was driving on the eastbound side of Eastern Parkway. When he reached the intersection, he began a left turn onto the northbound side of Kingston Avenue. His car’s right side was struck by a vehicle that was being driven by Massamba Seck, who was traveling on the westbound side of Eastern Parkway. Blanchette’s car was propelled onto the median, where it struck Pruss and other pedestrians. Pruss became pinned between the car and a pole. She suffered injuries of her back, a foot, her head, a knee, a leg, her pelvis, her sacrum and several ribs. The post Eita Pruss v. Infiniti of Manhattan, Inc., Infiniti Financial Services, Infiniti Financial LLC, Massamba Seck, Dennis C Blanchette, Jon-Paul Rorech and Stiffel, Nicolaus & Company Inc. appeared first on OAS.

XI/1-1 PRODUCT LIABILITY WOODCHIPPER ABOVE-THE-KNEE AMPUTATION REMITTITUR REFUSED Verdict: $6,849,654.50 The accident occurred on 8/23/88 at a residence on Bedford Rd. in Mt. Kisco. Pltf., an 18-year-old laborer, was employed by Third-party Deft. Bob Wade’s Maintenance (25% liable). Pltf. testified that he was feeding a tree limb into the chute of a Morbark Eegor Beevor Woodchipper, designed and manufactured by Deft. Morbark Industries (25% liable). The machine weighed several thousand pounds and measured 6 feet by 8 feet by 6 feet. As he was feeding the limb into the chute a branch protruding from the limb became stuck against the outside edge of the feed chute, preventing the branch from going through. Pltf. contended that he kicked at the branch to free it, but his momentum carried his foot into the feed chute, where it came in contact with the feedwheels. The post Frank DePasquale v. Morbark Industries v. Bob Wade’s Ground Maintenance ( Third-party Deft.) appeared first on OAS.

XV/41-13 MOTOR VEHICLE PEDESTRIANS STRUCK CROSSING STREET BRAIN DAMAGE, COMA, MULTIPLE FACIAL AND LEG FRACTURES, AND DEGLOVING INJURY Verdict: $5,982,000.00 This motor vehicle accident took place at 9:30 PM on 8/21/94 on Grand Ave. in Maspeth, Queens, north of the intersection with Hamilton Place. It was raining at the time. Pltf. Martin, age 43 and employed by Brooklyn Union Gas as an A mechanic, and Pltf. Caltabellotta, a 44-year-old secretary, were crossing Grand Ave. to return to an American Legion barbecue when they were struck by a vehicle driven by Deft. Squillante, an on-duty Department of Corrections officer. The vehicle was leased to the City of New York. Pltfs. claimed that Deft. crossed the double yellow line, and that Squillante was driving at an unreasonable speed, given the conditions. Pltfs. further claimed that Squillante failed to see what was to be seen, and avoid the accident. Pltfs. produced a witness who testified that she saw Deft. trying to pass a slow-moving car and crossed over the center line. The post Patricia Martin, as guardian of Michael Martin, and Virginia Caltabellotta v. City of New York and Frank Squillante appeared first on OAS.

IRONWORKER FALLS INTO HOLE AT CONSTRUCTION SITE AND INJURES BACK AND KNEE. Verdict: $5,900,000 After selection of a jury, but prior to the scheduled start of opening statements, the parties negotiated a settlement. Certified Interiors' primary insurer tendered its policy, which provided $1 million of coverage; Certified Interiors' excess insurer agreed to pay $1 million; the remaining defendants' primary insurer tendered its policy, which provided $1 million of coverage; and their excess insurer agreed to pay $2.9 million. Thus, the settlement totaled $5.9 million. The post Francesco Alessio v. Amsterdam 78, LLC and Marson Contracting Co., Inc. appeared first on OAS.

WORKER FELL FROM SCAFFOLD, CLAIMED INJURIES OF HIP, SPINE, KNEE Verdict: $5,600,000. The parties negotiated a pretrial settlement.

MOTORIST NOT MINDFUL OF WET ROAD CONDITIONS, INJURED PASSENGER Verdict: $5,500,000 At about 1 a.m. on July 18, 2009, plaintiff Michael Hodor, 30, a technologist, was a passenger of a car that was being driven by Terence Kooyker, who was traveling on Amsterdam Avenue, near its intersection at West 72nd Street, in Manhattan. Kooyker lost control of the vehicle, and the vehicle mounted a sidewalk and struck a lamppost. Hodor claimed that he sustained an injury of his neck. Hodor sued Kooyker and the vehicle’s owner, Willem Kooyker. Hodor alleged that Terence Kooyker was negligent in the operation of his vehicle. Hodor further alleged that Willem Kooyker was vicariously liable for Terence Kooyker’s actions. The post Michael Hodor v. William Kooyker and Terence R. Kooyker appeared first on OAS.

XVIII/6-18 ASSAULT VISITOR STRUCK BY MENTALLY DISABLED PATIENT AT FACILITY FAILURE TO TAKE PROPER SECURITY MEASURES BRAIN INJURY LUMBAR RADICULOPATHY Verdict: $5,412,500.00 On 11/10/88, the 29-year-old Pltf. was in the lobby of 1129 Catherine St. in Brooklyn, where she had come to complete a job application. Deft. s treatment center occupied the first floor of the building. Pltf. was waiting for the elevator when a mentally handicapped female patient of the facility assaulted her, pulling her by the hair and causing her to fall backwards onto the ground. At the time of the assault, Deft. s employee was escorting the patient to the lobby restroom. Deft. did not permit its patients to use the facility s restroom. The patient had a history of assaulting other patients, as well as Deft. employees. At trial, Pltf. subpoenaed the employee who had been present during the assault. The employee testified that she was not trained to supervise violent patients, and had been told only to call for help in the event of a violent act by a patient. There were no security guards in the lobby. The claims against the owner of the building were dismissed during trial. Deft. contended that it acted reasonably under the circumstances, and that it was constrained by the laws of the State of New York in the way that it supervised its patients. Note: Subsequent to the liability verdict, each juror volunteered to return for the damages trial. The post Antonia Cruz v. Alhambra Day Treatment Center appeared first on OAS.

WORKER FALLS FROM LACK OF HARNESS INTO UNGUARDED HOLE Verdict: $5,350,000 On Sept. 3, 2014, plaintiff Brian Ward, 57, a construction foreman, was working in a building in Dayton. The building was owned by New Jersey-based pharmaceuticals company Aurolife Pharma, LLC, which was converting it from office space to a drug-blending facility. Ward was installing industrial equipment when he fell through an unguarded, 6-by-6 foot hole in a floor, plunging 16 to 20 feet to the floor below. He claimed injuries to his back, head, pelvis, ribs and left foot. Ward sued Aurolife Pharma, general contractor MWK & Co. and subcontractor Tri-Steel Fabricators, alleging negligent maintenance that created a dangerous condition. He had also sued Aurolife Pharma’s parent company, Aurobindo Pharma USA Inc., and subcontractors New Jersey Boom & Erectors and Fania Roofing Co. However, they were all dismissed. The post Brian Ward and Mila Ward v. Aurobindo Pharma USA Inc., Aurolife Pharma LLC, MWK and Company, New Jersey Boom and Erectors Inc., Tri-Steel Fabricators Inc. and Fania Roofing Company Inc. appeared first on OAS.

LABOR LAW, SLIPS, TRIPS & FALLS - FALL FROM HEIGHT, CIVIL PRACTICE - SUMMARY JUDGMENT Verdict: $5,003,801.54 On April 17, 2007, plaintiff Ivan Soba, 32, an installer of cable-television systems, serviced a residence that was located at 183 Elton St., in the Highland Park section of Brooklyn. During the course of his duties, Soba fell off of the top half of an extension ladder. He plummeted about 12 feet, and he sustained an injury of a leg. Soba sued the company that contracted his work, Cablevision Systems Corp., and a related entity, Cablevision Systems, New York City Corp. He alleged that the defendants violated the New York State Labor Law. The post Ivan Soba v. Cablevision Systems Corporation & Cablevision Systems New York City Corporation CSC Holdings Inc., sued herein as Cablevision Systems Corporation and Cablevision Systems, New York City Corporation and Tri-Wire Engineering Solutions Inc., No. 26026/07 appeared first on OAS.

SECURITY GUARD STRUCK BY FALLING WALL Verdict: $5,000,000 During the evening of June 19, 2012, plaintiff Samuel James, 63, a security guard, worked at a shopping center that was located at 152 The Arches Circle, in the hamlet of Deer Park. Workers were installing a prefabricated salon wall in a store, and James was overseeing the site to prevent theft or property damage. The wall was delivered in two sections. Workers unpackaged the first section and situated it in an upright position. While the second section was being unpackaged, the first section fell and struck James. James sustained an injury of his head. The post Samuel James and Lorraine James v. Southwest Fixture Installers, Inc., Nationwide Fixture Installations, Inc., American Installation Companies, Tanger Factory Outlet Centers, Icn., Fifth & Pacific Companies, Inc., Kate Spade LLC, The Store Kraft Manufacturing Company, Deer Park Enterprise, LLC appeared first on OAS.

VIII/46-8 MEDICAL MALPRACTICE -- FAILURE TO DIAGNOSE RENAL FAILURE IN 2-MONTH-OLD -- SEVERE BRAIN DAMAGE -- REMITTITUR Verdict: $5,000,000.00 VERDICT: $26,000,000, reduced as excessive by the trial judge to $ 5,000,000 in a 3-page post-trial decision dated 4/10/91. Liability: Methodist Hospital 65%; Dr. William Owens (Pltf.’s treating pediatrician, original Deft. before declaring bankruptcy; he died before trial) 35% negligent. Breakdown: $6,000,000 for future pain and suffering for 35 years (reduced to 2,500,000); $12,000,000 for future custodial care ( reduced to $2,000,000); $8,000,000 for future therapy (reduced to $500,000 ). Judge Levine also ruled that Deft. was entitled to a reduction of 35% for the percentage of liability assigned by the jury to Dr. Owens, Pltf.’s private treating pediatrician. This action subsequently settled for a structured settlement with a present value of $4,000,000. See below. Jury: 2 male, 4 female. The post Maria D’Alessio by her g.a.l. Carmela D’Alessio v. Methodist Hospital of Brooklyn appeared first on OAS.

REAR-ENDED COLLISION RESULTED IN INJURIES Verdict: $4,775,000 On Aug. 9, 2012, plaintiff Katherine Waldo, 41, a cardiothoracic nurse, was driving a Toyota Highlander in stop-and-go traffic on Route 4 west, in Paramus. She was heading toward the intersection with Route 17, when the rear of her sport utility vehicle was rear-ended by a van driven by Timothy Goulet. Goulet was driving in the course of his employment with Able Mechanical Inc., a New Jersey-based commercial heating and cooling contractor. The impact forced Waldo’s SUV into the rear of the car in front of her, resulting in about $24,000 in property damage. She claimed she suffered injuries to her spine. The post Katherine Waldo and Robert Waldo v. Timothy Goulet and Able Mechanical Inc. appeared first on OAS.

PLAINTIFF CLAIMS OWNER INGORNED DAMAGED SIDEWALK Verdict: $2,700,000 On April 7, 2011, plaintiff Wanda Chambers, 50, a social worker, fell while she was traversing a sidewalk that abutted the premises of 951 Wyckoff Ave., in the Ridgewood section of Queens. She claimed that she sustained injuries of her back, a knee and her neck. Chambers sued the sidewalk’s owner, the city of New York; the adjoining premises’ owner, Patrick Dillon; a tenant of a neighboring building, Leo’s Pharmacy Inc.; and Leo’s Pharmacy’s owner, Leonid Beres. Chambers alleged that the defendants were negligent in their maintenance of the sidewalk. She further alleged that the defendants’ negligence created a dangerous condition that caused the accident. The post Wanda Chambers v. City of New York Leo’s Pharmacy, Inc., Leonid Beres and Patrick Dillion KeySpan Energy Corporation appeared first on OAS.

NJ DOT FAULTED FOR UNTENDED TRUCK THAT CRUSHED ROAD WORKER'S LEG Verdict: $2,650,000 The post Christopher C. Harvey v. New Jersey Department of Transportation appeared first on OAS.

XIV/31-36 MOTOR VEHICLE PASSENGERS REAR END DISABLED TRACTOR-TRAILER IN TRAFFIC LANE BRAIN DAMAGE AND MULTIPLE FRACTURES INTOXICATED HOST DRIVER DIED Verdict: $2,500,000.00 This action settled for $2,500,000 for one Pltf., and $1,400,000 for another Pltf. during trial. The case arose out of an accident that occurred on 9/28/89 at approximately 5:25 AM on the lower level approach of the westbound Cross Bronx Expwy. to the George Washington Bridge. Pltf. Frato, a 23-year-old waitress at the time, was sitting in the middle of the back seat of a car driven by Deft. Aggelidis. Pltf. Zakinthinos, a 21-year-old exchange student from Greece, was a passenger in the front right seat. Three people were in the front seat of the car, and three were in the back seat. They were returning to New Jersey from a restaurant in Astoria. Pltf. claimed that as their vehicle was traveling in the left lane under Apartment Building No. 2, a highway tunnel, it drove around a bend in the road and suddenly came upon a disabled tandem tractor-trailer in their lane, owned by Deft. Roadway Express and driven by Deft. Valent. The tractor-trailer had suffered a blowout of the left front tire, and the tire had come completely off the rim. Pltfs. host vehicle crashed head-on into the rear of the tractor-trailer, killing Deft. Aggelidis, the driver of the car. The post Concetta Frato and Helen Zakinthinos v. Roadway Express, Inc.; Robert Valen, Jr.; and Theopempti Angelidis, as Adm. of the Est. of Athanasios Aggelidis appeared first on OAS.

Read our blog and know how trump tax law effects alimony in family law cases. For more information, contact us at 800-292-1919.

On Nov. 2, 2010, plaintiff Edward Feldman, 62, a commercial real estate broker, was struck by a furniture delivery van. The incident occurred on Third Avenue, alongside its intersection at East 15th Street, in Manhattan.

Henryk Rozbicki v. The Metropolitan Museum of Art, Lehrer McGovern, Bovis Construction v. Casalino Demolition Corp. 106894/94 Date of Settlement 9/30/97 New York Supreme.

XVI/10-40A LABOR LAW IRONWORKER FALLS FROM BEAM MULTIPLE FRACTURES, IMPOTENCE, ANKLE FUSION SETTLEMENT AFTER MEDIATION Verdict: $2,450,000.00 This action settled following mediation for a $2,450,000 structured settlement plus the waiver of a Workers’ Compensation lien of approximately $300,000. On 5/3/93, Pltf., a 34-year-old ironworker, fell 20 feet from a structural steel beam onto a concrete slab during the construction of P.S. 4 in Manhattan. Partial summary judgment was granted in February 1997 under Labor Law ?240(1). The post Eric Brown v. Turner Construction Co., New York City School Construction Authority, et al. appeared first on OAS.

XVII/29-49 MEDICAL MALPRACTICE CHILDBIRTH FAILURE TO TIMELY PERFORM CAESAREAN SECTION SPASTIC QUADRIPLEGIA DEVELOPMENTAL DELAYS Verdict: $2,300,000.00 This action settled during jury selection for $2,300,000, plus non- assertion of a $13,800 Medicaid lien. The infant Pltf. was born prematurely on 3/4/82 at the Nassau County Medical Center in East Meadow. On 2/25/82, Pltf. mother, age 18, presented to the obstetrical clinic at Deft. s medical facility and was determined to be at approximately 28 weeks gestation. On the following day, her attending physician, a Dr. Tejani, supervised residents during a cerclage procedure. Pltf. was admitted on 3/2 and experienced spontaneous rupture of the membranes on 3/3. Dr. Tejani did not return to examine Pltf. until the next day, at which time he noted that the amniotic fluid was purulent and odorous, and he diagnosed chorioamnionitis. The post Sherry Williams as m/n/g of Latasha Linwood, inf. v. County of Nassau appeared first on OAS.

XV/48-6 LABOR LAW SCAFFOLD ACCIDENT CARPENTER SUFFERS MULTIPLE PELVIC FRACTURES AND POST-TRAUMATIC STRESS DISORDER Verdict: $2,261,293.00 The accident occurred on 9/12/94 at approximately 11:30 AM at 109 Prince St. in Manhattan. Pltf., a 31-year-old carpenter employed by Third-party B&W, testified that he fell approximately 30 feet from a suspended scaffold while working at the site. He brought this suit under Labor Law ?240. B&W was a carpentry subcontractor (defense verdict) hired by the general contractor, Gordon Construction (40% liable), to perform window installation and other work. Deft. Prince Street (10% liable under the Labor Law) was the building owner, and Deft. Upgrade Contracting ( 50% liable under the Labor Law) agreed to arrange for the scaffold to be erected, furnished, and manned. Pltf. gained access to the scaffold by climbing on top of an elevator cab inside the building, onto the window ledge, and then onto the scaffold. As he stepped up onto the scaffold, it shook and tipped. Pltf. s personal safety line had not been properly secured to the lifelines running from the top of the building, and he fell. Pltf. contended that Upgrade had agreed to provide two men to operate and man the scaffold, but only one was present at the time of the accident. The general contractor s president was the site safety supervisor, but had taken the day off . The court directed a verdict against Prince and Gordon under ?240 of the Labor Law at the end of the liability trial, and the jury found that Upgrade was a statutory agent. The post Peter Leonce v. Prince Street Associates; Gordon Construction Corp.; and Upgrade Contracting Co., Inc. v. B&W Building Corp. appeared first on OAS.

MOTORCYCLIST HIT, SUSTAINED TRAUMATIC BRAIN INJURY AND FRACTURED LEG Verdict: $2,250,000 On July 25, 2013, plaintiff Manuel De Jesus Garcia, a truck driver, was riding a 2012 Yamaha Star motorcycle south on North Lamar Boulevard, in Austin. Mark Michaud, in a 2011 Infiniti FX35 sport utility vehicle, was eastbound on West 5th Street. Michaud ran a red light at North Lamar Boulevard and struck Garcia, who sustained a head injury and a broken leg. The post Manuel De Jesus Garcia v. Mark Michaud appeared first on OAS.

A jury in Hillsborough County, Florida recently awarded a verdict of $3.38 million to a self-employed commercial truck driver who suffered career-ending injuries.

XI/40-27 SCAFFOLD ACCIDENT LABOR LAW BRAIN DAMAGE AND THROMBOPHLEBITIS Verdict: $2,200,000.00 SETTLEMENT: Giacomo and Margaret Terranova v. City of New York; Metropolitan Museum of Art; Lehrer McGovern Bovis, Inc.; Haggerty Millwork Corp.; Vanguard Diversified, Inc.; Kevin Roche; Roche/Dinkerloo & Assoc.; and Bernard Lucchese/Haggerty Millwork Corp. v. Cord Contracting Co., Inc. and Cord Wall Construction Co., Inc. 333/91 Date of Settlement 1/27/94 New York Supreme. The post Giacomo and Margaret Terranova v. City of New York appeared first on OAS.

X/40-17 PRODUCT LIABILITY DIESEL FUEL USED TO CLEAN MACHINE RESULTS IN EXPLOSION FRACTURED TIBIAL PLATEAU AND SUBSEQUENT RELATED FRACTURES Verdict: $2,170,000.00 Pltf., a 42-year-old asphalt raker employed by City, claimed on 12/9/86 that he was told by his foreman to pour diesel fuel into an asphalt recycling machine about 15 minutes after it was shut off. This resulted in an explosion, throwing Pltf. into the air. The asphalt recycling machine was manufactured by Deft. Western Manufacturing and distributed by Deft. James P. Dow. Pltf. claimed that Deft. James P. Dow instructed the City that diesel fuel should be used to clean the machine. Pltf.’s expert testified that the machine operated at a temperature of 800- 900?. He also testified that diesel fuel could ignite at 100? with a source of ignition, such as static electricity, at temperatures in excess of 490?. Pltf. contended that using diesel fuel to clean the machine was dangerous and defective and that a non-flammable solvent should have been recommended by Deft. The post Massie and Shelley Washington v. Western Manufacturing Co., Inc. and James P. Dow & Associates, Inc./Western Manufacturing Co., Inc. v. City of Rochester/James P. Dow & Associates, Inc. v. City of Rochester appeared first on OAS.

Earlier this year, a jury in Wyoming awarded a 51-year-old power plant supervisor from Rock Springs a $10 million verdict following a two-week trial.

VII/42-36 CONSTRUCTION ACCIDENT - SUMMARY JUDGEMENT ON LIABILITY - MULTIPLE INJURIES TO IRONWORKER Verdict: $750,000.00 This was a damages-only trial arising from an accident that occurred on the New York State Thruway. Deft. was found 100% negligent in the liability portion of this action which was previously determined in a decision filed 6/6/91. See, The New York Jury Verdict Reporter, Volume IX, Issue 2, Case 18. On 9/25/86, Clmt., then age 45, was driving a tractor-trailer, which skidded out of control after coming into contact with a fuel spill on the roadway. Injuries: foot drop resulting from peroneal nerve palsy; L5-S1 radiculopathy. A police officer assigned to the Emergency Medical Services unit testified that when the unit arrived at the scene at about 4: 15 AM, they found Clmt. pinned from the chest down by sheet metal from the cab of the truck. He testified that Clmt. was found “`hanging by his legs’ . . . in a precarious position.” Decision at p. 3. He described Clmt. as hysterical as he attempted to wriggle himself out from under the steel that was pinning him into the cab. The odor of diesel fuel made Clmt. and the officer fear fire, and this fear caused Clmt. to tell the officer to amputate his legs if that was necessary to get him out of the wreckage. The post Earnest and Linda Adams v. New York State Thruway Authority appeared first on OAS.

XVI/12-39 LABOR LAW WORKER FALLS WHILE INSTALLING WINDOWS FRACTURED VERTEBRAE, SEXUAL DYSFUNCTION, AND POST-TRAUMATIC STRESS DISORDER Verdict: $2,100,000.00 This action settled before trial for $2,100,000, plus the waiver of a $ 518,000 Workers’ Compensation lien. Pltf., a 35-year-old laborer employed by Third-party Deft. Motz Master Builders, claimed that he was injured on 12/17/93 when he fell from the second floor while installing windows. Pltf. was granted summary judgment against Defts. pursuant to Labor Law ? 240. Injuries: fractured vertebrae at C5-6, C-6, and C-7 with spinal cord compression; quadriparesis; sexual dysfunction; post-traumatic stress disorder. Pltf. was hospitalized at Westchester Medical Center for 3 months following the accident, and for 2 months at the Rusk Institute. Pltf. requires a home health care attendant for some activities of daily living. He is not wheelchair bound. He can walk stairs, bathe and feed himself, and can use public transportation. He is able to walk for short periods of time. Pltf. claimed that he cannot return to work, and claimed that he will need care for the rest of his life. The post Sylwester and Ewa Szczepanic v. Wyndham Close Development Co., Inc.; Alfred J. Liverzani Construction Management, Inc. v. Motz Master Builders, Inc. appeared first on OAS.

XII/37-1 AIRPORT ACCIDENT AIRLINE EMPLOYEE STRUCK BY LOADED LUGGAGE CART HERNIATED LUMBAR DISC AND FACET JOINT HYPERTROPHY Verdict: $2,000,000.00 Pltf., a 30-year-old passenger service agent for American Airlines at Kennedy Airport, claimed that on 4/5/85, she was struck in the back by a luggage cart pushed by a skycap, Deft. Merriwether, who was employed by Deft. Allied Aviation. Pltf. contended that the cart was fully loaded. A non-party witness, who was employed by another airline, testified that she saw the cart hit Pltf. Evidence indicated that a luggage cart is 5 feet long, 2?-3 feet wide and, when fully loaded, weighs between 280 and 480 lbs. The post Beatrice Sellouk v. Allied Aviation Service Co. of New York and Antonelli Merriwether appeared first on OAS.

Ed Provder, founder & President of OAS, Inc. (OAS), told a full audience at Litigation at Sunrise how a vocational assessment helps litigators recover maximum.

PAINTER SUFFERED INJURIES AFTER FALLING OFF LADDER Verdict: $2,000,000 On March 26, 2015, plaintiff Manuel Bailon, 49, a painter, worked at an apartment building that was located at 415 E. 64th St., in Manhattan. During the course of his work, he fell off of a closed A-frame ladder that he had leaned onto a stairwell’s wall. He landed on the stairway, and he claimed that he suffered injuries of his back, a knee, his neck and a shoulder. Bailon sued the premises’ owner, Stahl York Avenue Co., LLC. He alleged that Stahl York Avenue negligently failed to provide a safe workplace. He further alleged that the company’s negligence constituted a violation of the New York State Labor Law. The post Manuel Bailon v. Stahl York Avenue Co., L.L.C. appeared first on OAS.

Read our blog and know how to use employability experts in employment law cases. For more information, contact us at 800-292-1919.

Navy & Marine Corps veterans who developed PTSD following their service in AFG & Iraq can now file suit against a military that has denied them Veterans Affairs benefits.

PLAINTIFF CLAIMS UNSTABLE, SLIPPERY LADDER CAUSED FALL Verdict: $765,000 On April 5, 2014, plaintiff James Cicchetti, 46, a union-affiliated caulker, worked at a construction site that was located at 432 Park Ave., in Manhattan. During the course of Cicchetti’s work, he fell off of an 8-foot-tall A-frame ladder. He landed on a cement floor, and he claimed that he sustained injuries of his arms, a knee and a heel. Cicchetti sued the premises’ owner, 56th and Park (NY) Owner, LLC, which was one of the construction roject’s developers; a related entity, 56th and Park (NY) Holdings, LLC; some of the project’s developers, CIM Group, Macklowe Properties Inc. and Macklowe Construction, LLC; and the project’s general manager, Lend Lease (US) Construction Inc. Cicchetti alleged that the defendants violated the New York State Labor Law. The post James Cicchetti and Beth Cicchetti v. 56th and Park (NY) Owner, LLC, 56th and Park (NY) Holdings, LLC, Lend Lease (US) Construction Inc., Macklowe Construction, LLC, Macklowe appeared first on OAS.

XIII/28-23 MOTOR VEHICLE DAMAGES TRIAL MASSIVE INJURIES INCLUDING HEAD TRAUMA AND EXTENSIVE FRACTURES SEAT BELT DEFENSE Verdict: $1,806,055.00 On 4/23/87, Clmt., then age 27, was involved in a serious accident, for which the State of New York was previously found 35% liable. This trial concerned damages only. The post Walter Carrick v. State of New York appeared first on OAS.

VII/42-36 CONSTRUCTION ACCIDENT - SUMMARY JUDGEMENT ON LIABILITY - MULTIPLE INJURIES TO IRONWORKER Verdict: $750,000.00 This $750,000 settlement, plus a waiver of a Workers’ Compensation lien of about $60,000, was for an ironworker who was injured at a construction site at 400 Old Country Rd. in Hicksville on 9/5/86. The 24- year-old Pltf. was working on an elevated beam, part of a roof structure that was being lifted by a crane, when a cable being used to lift the roof snapped and struck him. Pltf. fell about 15 feet to the concrete floor. It was not clear whether he fell because he was struck by the cable or whether the roof itself collapsed. Pltf. argued that Deft. was negligent under Labor Law ? 240(1). Summary judgment was granted on this issue before the action settled. At issue during trial was the extent of Pltf. ‘s disability and the amount of his future lost earnings. The post Troy Fairbanks v. RJ Realty v. Kuno Steel Products Corp. appeared first on OAS.

III/12-40U MOTOR VEHICLE - PEDESTRIAN - HERNIATED DISC. Verdict: $1,800,000.00. The post Robert Yade v. Northeast Leasing Corp. and Agrexco-Carmel Corp.

XVI/19-43 LABOR LAW FALL FROM DEFECTIVE LADDER FRACTURED TIBIA AND FIBULA Verdict: $This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers' Compensation lien of $58,000. This Labor Law case settled at opening statements for $750,000, plus the waiver of a Workers’ Compensation lien of $58,000. On 11/16/95, Pltf., a 40-year-old laborer, fell from a defective ladder while attempting to install a sheetrock ceiling at the Washington Jefferson Hotel on West 51st St. in Manhattan.Injuries: pylon fracture of the right tibia and fibula, requiring an external fixator, which was worn for 3 months. Pltf. has not returned to work. He has, however, completed over 100 college credits. Pltf.’s medical expert would have testified that Pltf. will require an ankle fusion in the future The post Jaroslaw and Maglorzata Czekaj v. Irene Rodgers and Rita Piscopo v. 318 West 51st St. Hotel Corp. 4304/96 appeared first on OAS.

Navy and Marine Corps veterans who developed Post-Traumatic Stress Disorder (PTSD) following their service in Afghanistan and Iraq can now file suit against the military that has denied them Veterans Affairs (VA) benefits. The decision The post Mentally Ill Veterans Denied VA Benefits Can Proceed with Class Action Lawsuit appeared first on OAS.

XVIII/12-49 WORK ACCIDENT GARBAGE TRUCK STRIKES TREE BRANCH WHICH THEN HITS SANITATION WORKER BIMALLEOLAR ANKLE FRACTURE Verdict: $750,000.00 This action settled on 8/2/00, prior to jury selection, for $750,000, all for pain and suffering, and under the terms of the settlement Pltf. s lifetime pension and disability benefits will remain in full force without reduction and with no liens to be paid. Pltf., a 38-year-old sanitation worker, claimed that on 5/4/92 while working on Shiloh Ave. in Queens he was injured when his partner driving the garbage truck hit a tree branch which fell on his ankle. Pltf. also claimed that the City Parks Dept. had inspected the tree on 7/20/90 and noted that it was in need of pruning for low branches. Pltf. s experts were prepared to testify that the standard clearance for roadways is 14 feet and that the branch height at the point of impact was 8.5 to 11 feet. Deft. maintained that the tree was not a priority for correction. The post Kevin and Judy Oleaga v. City of New York appeared first on OAS.

X/12-1 MEDICAL MALPRACTICE CHILDBIRTH SHOULDER DYSTOCIA CAUSES ERB'S PALSY AND BRACHIAL PLEXUS INJURY Verdict: $3,020,000.00 Facts: On 9/19/90, Pltf., age 37, went into labor with her fourth child at Nassau County Medical Center. The infant’s head crowned, but his right shoulder became caught on Pltf.’s pelvic bone. Deft. Dr. Goring, a fourth-year resident who was handling the delivery, applied lateral traction to release the shoulder. Pltf. contended that Deft. used excessive force, resulting in a brachial plexus injury and Erb’s palsy. The post Cheryl Reid, indiv. and as m/n/g of Robert Reid II v. County of Nassau and Dr. Catherine Goring appeared first on OAS.

The parties negotiated a pretrial settlement, which was established via the guidance of mediator Michael McAllister. The defendants' insurers agreed to pay a total of $3.1 million. Verdict: $3,100,000.00 Facts: The accident occurOn Jan. 19, 2009, plaintiff Nicholas Tsetsakos, 29, an ironworker, was driving on the eastbound side of Metropolitan Avenue, near its intersection at Leonard Street, in Brooklyn. His vehicle collided with an oncoming cement truck that was being driven by Terrell Bonaparte, who had crossed Metropolitan Avenue’s double yellow center line. Tsetsakos sustained injuries of his legs. The post Nicholas Tsetsakos and Beddy Montalvo v. Terrell Bonaparte and Kings Ready Mix, Inc., No. 2729/09 appeared first on OAS.

VI/3-38 CONSTRUCTION ACCIDENT - SCAFFOLD - APPORTIONMENT TRIAL - SETTLEMENT FOR TRIMALLEOLAR ANKLE FRACTURE Verdict: $725,000.00 Pltf. was a 40-year-old construction taper and spackler at the time of the accident. He was employed by SNH Construction, a subcontractor for Reno, the general contractor. The work was being done on a private home. Pltf. was working on a scaffold when he fell 12 feet to the ground. Pltf. claimed that Defts. violated ?240 of the Labor Law. He contended that improper planks were used on the scaffold, allowing him to fall through. A directed verdict was granted on the issue of liability. As there was no indemnification contract between the two Defts., the jury decided only the percentage contribution between them. At issue was which of the parties was responsible for placing the planks on the day in question. The post Furia v. Reno v. SNH Construction appeared first on OAS.

DEFENDANT DROVE HEAD ON INTO PLAINTIFFS' CAR Verdict: $685,000 On June 11, 2015, plaintiff Estella Aliotta, 47, a legal secretary, was driving a Volkswagen Jetta north on Ringwood Avenue, in Pompton Lakes. The front-seat passenger was plaintiff Paula Raspantini, 50, a substance-abuse counselor. While they were heading north, a Honda compact sport utility vehicle was approaching from the south. The driver of the Honda, John Galinus, attempted a left turn into a parking lot and collided head-on with the Volkswagen. Aliotta claimed injuries to her neck, left shoulder, and left arm. Raspantini claimed injuries to her head, neck, spine, and left shoulder. The post Estella Aliotta, Anthony Aliotta, and Paula Raspantini v. John A. Galinus and Eileen Sisco appeared first on OAS.

XII/17-5 FALLDOWN SIDEWALK FRACTURED SHOULDER AND TORN ROTATOR CUFF REMITTITUR Verdict: $680,000.00 The post Despina Papadakis v. City of New York appeared first on OAS.

XV/13-12 LABOR LAW SCAFFOLD ACCIDENT HERNIATED DISC, ENCEPHALOPATHY, MULTIPLE LEG FRACTURES, AND PSYCHOLOGICAL INJURIES Verdict: $635,000.00 The accident occurred on 3/16/93. Pltf., a 35-year- old ironworker, was employed by Third-party Deft. Rice Mohawk and was working on the reconstruction of the I-495 viaduct when a protective shield that he was installing collapsed, causing him to fall 60 feet to the ground. Pltf. brought suit against Yonkers Contracting as the general contractor, and against the New York City Dept. of Transportation (NYCDOT) as the owner. On 8/18/95, the court awarded summary judgment on liability for Pltf. under Labor Law ?240 against Yonkers and the City of New York. Prior to the damages trial, the court vacated the judgment against NYCDOT and dismissed Pltf. s complaints and all cross-complaints against that Deft. This trial was on damages only. The post Charles and Oscar Small v. Yonkers Contracting Co. v. Rice Mohawk appeared first on OAS.

XIV/47-15 MOTOR VEHICLE PASSENGER DISLOCATION FRACTURE OF THE CERVICAL SPINE SUMMARY JUDGMENT ON LIABILITY Verdict: $610,164.00 Pltf., a 38-year-old landscaper, testified that on 8/30/93 shortly after 12 AM he was a passenger in a car driven by Deft. Paty, Jr. He claimed that they were traveling on Harned Rd. in Commack when the car suddenly left the road and hit a tree and utility pole. Pltf. was granted summary judgment on liability in September 1995 and this trial was on damages only. Injuries: hangman s fracture dislocation at C2-3 ultimately resulting in a spontaneous spinal fusion at C1, 2, and 3. He wore a halo brace for 10 weeks. Pltf. claimed that he has severe permanent restriction of motion in the neck. He received physical therapy and acupuncture treatment. Pltf. testified that he cannot return to work as a landscaper and that he cannot perform sedentary work. The post Anthony D Agostino v. Richard Paty, Jr. and Richard Paty, Sr. appeared first on OAS.

XVII/25-47 LABOR LAW EXCAVATION SITE CAVES IN MULTIPLE FRACTURES TRANSECTED URETHRA RETROPERITONEAL HEMATOMA Verdict: $2,800,000.00 This action settled for $2,800,000. At 12 PM on 3/1/94, Pltf., age 46 at the time of trial, was employed as a laborer by Third-party Deft. and was working at the Cedar Grove Cemetery on 63rd Rd. in Queens. Deft. Gasoline Installations was the general contractor for the job. Pltf. was standing in an approximately 12-foot-deep excavation and was installing underground gasoline tanks when the sides of the excavation caved in and crushed him. The post Robert Ryan v. Cedar Grove Cemetery Association; and Gasoline Installations, Inc. v. Malbro, Inc. appeared first on OAS.

XV/38-15 FALLDOWN FAILURE TO REPAIR DEFECTIVE SIDEWALK BIG APPLE POTHOLE MAP NOTICE TORN MENISCUS RETRIAL ON DAMAGES Verdict: $599,161.23 $721,881 for Anthony C., reduced to $599,161.23 for 17% comparative negligence of Pltf. (6/0). Breakdown: $200,000 for past pain and suffering; $264,376 for past lost earnings; $41,000 for past medical expenses; $100,000 for future pain and suffering; $66, 510 for future lost earnings; $35,000 for future medical expenses; $8, 995 for future custodial care; $6,000 for future rehabilitative treatment. $50,000 for Madeline C. for loss of services, reduced to $ 41,500 for 17% comparative negligence of Pltf. Jury: 2 male, 4 female.This case was originally tried in November 1995. In that trial, the jury found Deft. 83% at fault for the accident. Deft. s motion to set aside the verdict under the commonlaw firefighter s rule was granted, and an appeal was filed by Pltf. The Appellate Division, Second Department reversed the decision on 6/30/97 and the case was retried on damages only. Ciervo v. City of New York, 637 N.Y.S.2d 918. The post Anthony and Madeline Ciervo v. City of New York appeared first on OAS.

Vii/21-41 Swimming Pool Accident – Quadriplegia – Successor Corporation Issue.

XIV/37-6 MOTOR VEHICLE PEDESTRIAN IN CROSSWALK STRUCK BY BUS IN INTERSECTION MASSIVE INJURIES Verdict: $2,800,000.00 Facts: This motor vehicle accident involved a pedestrian who was struck by a private school bus at a controlled intersection. Pltf. was a 45-year-old Polish immigrant with a Masters degree in engineering who was employed cleaning houses. She claimed that on 6/16/93, she was walking across Ocean Pkwy. in the crosswalk at the intersection with Ditmas Ave. in Brooklyn when she was struck by a private school bus driven by Deft. Johnson and owned by Deft. Van-Go. Pltf. claimed that Deft. was traveling in excess of the speed limit, that she was inattentive to the road and did not keep a proper lookout, and that she ran the red light. Deft. contended that she had the green light, and that Pltf. stepped out into the street against the light and did not look to her left before crossing. Deft. Johnson claimed that after impact, Pltf. landed in the crosswalk. Pltf. introduced eyewitness testimony from a resident of an adjacent apartment building stating that Pltf. came to rest 33 feet down the road from the crosswalk. Based on this evidence, Pltf. s accident reconstruction expert opined that Deft. was speeding, and that based on time, distance, and physics, Deft. was not even in the intersection when Pltf. started to cross the street. The post Maria Siudut v. Van-Go Transportation Co., Inc. and Carol Johnson appeared first on OAS.

XVIII/9-47 FALLDOWN STAIRS HERNIATED CERVICAL AND LUMBAR DISCS Verdict: $675,000.00 This action settled prior to jury selection, in front of mediator Michael McAllister, for $675,000. Pltf., a 37-year-old truck driver, claimed that on 6/6/96, while delivering newsprint to the Daily News plant in Brooklyn, he tripped over a rock used to hold open a self-locking door to the loading platform and fell down a flight of metal steps from which one handrail was missing. Pltf. further claimed that the railing had been missing for almost a year, and that Deft. did not repair it because plant operations were being moved to New Jersey. Deft. contended that the accident occurred because Pltf. was in a hurry, and was rushing. Deft. further contended that it did not know who put the rock in the doorway. Deft. also contended that Pltf. should have seen the rock. The post Joseph Zatorski v. Plant Partners, L.L.P. and TML Management Services appeared first on OAS.

XV/31-43 LABOR LAW ELECTRICIAN FALLS FROM LADDER HERNIATED LUMBAR AND CERVICAL DISCS Verdict: $2,900,000.00 This action settled during jury selection for $2,900,000, plus a waiver of a $300,000 Workers Compensation lien. On 12/20/93, Pltf., a 25- year-old apprentice electrician, fell approximately 6 feet from a ladder while running electric conduit at a worksite on Madison Ave. in Manhattan. The ladder was on plywood that was covering a stairwell opening. Pltf. contended that the plywood was loose and unsecured and that when a co- worker walked on the plywood, it bounced, shook Pltf. and the ladder, and caused him to fall. Pltf. was granted summary judgement for Deft. s violation of Labor Law ?240. The Appellate Division affirmed the decision ( Devlin v. Sony, et al, ___ A.D.2d ___, 655 N.Y.S.2d 762). The post Kevin Devlin v. Sony Corp. of America, Rathe Productions Incorporated v. Nastasi White, Inc. / Structure Tone, Inc. v. Coyne Electrical Construction Co., Inc. v. Empire Iron Works, Inc. appeared first on OAS.

XVIII/14-50 LABOR LAW SCAFFOLD SUMMARY JUDGMENT ON LIABILITY FRACTURED CALCANEUS RESULTING IN REFLEX SYMPATHETIC DYSTROPHY WITH OVER 70 OPERATIONS Verdict: $3,000,000.00 This action settled after jury selection and before opening statements for $3,000,000 plus a waiver of a $343,000 Workers Compensation lien. On 12/20/94 at approximately 8:35 AM, Pltf., a 38-year- old bricklayer, was working at the Prospect Heights High School in Brooklyn. Pltf., an employee of Third-party Deft. BFM claimed he was injured when he fell from a scaffold bridge erected between two retaining walls. Pltf. further claimed that the bridge was not equipped with any safety devices to protect workers from falling. Pltf. moved for summary judgment under Labor Law ?240(1). Defts. contended that summary judgment should not be granted because: there were no eye witnesses; Pltf. was a recalcitrant worker; Pltf. had disobeyed a directive not to use the scaffold; and there was still outstanding discovery. The motion for summary judgment was granted. Pltf. was also granted a special trial preference by reason of his indigent status. The post Sjur Stephen Madsgard v. W.J. Barney Corp., et al. v. BFM Contracting appeared first on OAS.

MAZE OUTSIDE SOFTBALL FIELD LED TO CHILD'S COLLISION WITH CAR Verdict: $3,000,000.00 On June 13, 2004, plaintiffs Tracy and Lenny DelDuca, and their children, Maggie, 4, and Sebastian, 22 months, attended a church softball game at Benjamin Franklin Middle School in Ridgewood. The field was surrounded by a chain-link fence. An ungated entrance, roughly 15 feet from East Glen Avenue, was connected to the field by a maze-like structure designed to keep out bicycles (a person entering or exiting had to make three 90-degree turns). While his father played in the game and his mother and sister stood behind the backstop, Sebastian ran through the maze and onto the road, where he was struck by a car. The post Sebastian DelDuca, a minor, by his parents and guardians ad litem, Tracy DelDuca and Lenny DelDuca, and individually v. Ridgewood Board of Education, No. BER-L-8026-07 appeared first on OAS.

Xviii/2-36 scaffold accident liability conceded damages trial fractured calcaneus, wrist, and back injuries.

xviii/7-40 labor law falls from scaffold multiple heel fractures requiring surgery wrist and back injuries liability conceded damages trial.

XVI/27-48 LABOR LAW PORTICO FALLS ON EXCAVATOR FAILURE TO PROVIDE SAFETY EQUIPMENT PARAPLEGIA Verdict: $3,050,000.00 This action settled for $3,050,000 during trial. Pltf., a 31-year- old self-employed excavator, claimed that he was injured on 1/25/95 at 12 PM while performing excavation work on a multi-family dwelling located at 28-05 Bell Blvd. in Bayside. It was owned by Defts. Fein and Jeanniton. Deft. Ajay was the general contractor, and it hired Deft. K.B.M. to excavate a new driveway and parking area on the south side of the building and remove the stoop at the south entrance. Deft. K.B.M. subcontracted Pltf. to remove with his backhoe the existing dirt in the area where the driveway and parking lot were to be located. The post Thorsten Gigger v. Sidney Fein, Evelyne Jeanniton, Ajay General Contracting, K.B.M. Design; R&D Home Improvement, and Superior Aluminum Products appeared first on OAS.

XIII/43-8 LABOR LAW LADDER COLLAPSE HERNIATED LUMBAR DISC Verdict: $575,000.00 Pltf., a 52-year-old “off-the-books” painter, claimed that he was injured on 8/21/90 when he fell from a 6-foot-high ladder while painting a ceiling at 333 West 39th St. in Manhattan. Pltf. testified that the ladder did not have safety feet and there was no one with him to hold the ladder in place. Pltf. claimed that he was holding on to a water pipe to reach a portion of the ceiling when the ladder fell over. Pltf. contended that he was left hanging onto the pipe until he lost his grip and fell to the floor, landing on his heels. There were no witnesses to the accident. Pltf. contended that Deft. violated Labor Law ? 240(1) by failing to provide a safe workplace. The post Jerome Smith v. 333 Loft Associates appeared first on OAS.

XII/21-1 MOTOR VEHICLE QUESTION OF LIGHTS AGGRAVATION OF SPINA BIFIDA REQUIRING FUSION SURGERY, AGGRAVATION OF KNEE INJURY Verdict: $3,392,266.00 Facts: The accident occurred on 3/23/92 at the intersection of Rtes. 300 and 32 in the Town of Newburgh. Pltf., a 40-year-old construction worker who was out on disability at the time, testified that he was driving through the intersection with a green light when his vehicle was broadsided by Deft.’s fully loaded dump truck weighing 36,000 lbs. Deft. Robillard, the truck driver, claimed that he had the green light and that he blew his horn before entering the intersection. He also claimed that he was driving only 10 mph at the time. Eyewitnesses testified that they did not hear any horns at the scene. Pltf.’s accident reconstruction expert testified that Pltf.’s vehicle was propelled 40 feet into the front end of another car. He testified that his impact analysis determined that 40,000-60,000 pounds of force was exchanged, which indicated that Deft.’s vehicle was moving at approximately 30 mph at impact. The jury found Deft. 100% liable. The post John and Jan Kramer v. Steven Robillard and Vassalo Landscape Management, Inc. appeared first on OAS.

Joyce Dingle v. Patricia Virga; Donald Harman; Liberty Lines, Inc.; County of Westchester; and Westchester County Dept. of Transportation 16160/87 13-day trial Judge W. Denis Donovan, Westchester Supreme.

XI/26-2 PSYCHIATRIC MALPRACTICE PREMATURE DISCHARGE OF PATIENT ATTEMPTED SUICIDE PARAPLEGIA AND LEG AMPUTATION ADDITUR FOR PAST PAIN AND SUFFERING Verdict: $$3,610,000 Facts: Pltf., age 34 at the time of the incident on 7/17/84, was a diagnosed schizophrenic. She had been hospitalized previously at other hospitals and had been a patient at Deft. Beth Israel from 4/4-4/29/84. She began suffering from auditory command hallucinations, and her sister, with whom she was living at the time, brought her to Deft. Beth Israel Hospital on 6/27/84. Pltf. remained there until 7/17/84, when she was discharged to her sister’s care. Two hours after she was discharged, Pltf. attempted suicide by jumping from her sister’s fifth floor fire escape. The post Josephine Vera v. Beth Israel Medical Center and Dr. Harold Schwartz appeared first on OAS.

IX/6-26 MOTOR VEHICLE -- CROSS OVER CENTER MEDIAN -- WRONGFUL DEATH -- LOSS OF ONE EYE AND PSYCHOLOGICAL INJURIES Verdict: $$3,620,000 Pltf. contended that the barrier was improperly designed and that the Deft. City should have replaced it with a Jersey-type barrier. Pltf.’s key contention was that an adequate barrier would have redirected Paris’ car back onto his side of the roadway, rather than allowing him to cross over the center line. The City contended that although the State of New York was in the process of changing the barriers on the roadway to Jersey- type barriers, even that type of barrier would not have prevented this accident. The City also contended that Paris’ alcohol impairment was the proximate cause of the accident, and argued that due to his criminal conviction, his intoxication, as a matter of law, caused the accident. Paris claimed that he lost control of his car because NJC Towing, which had repaired the steering in his car 1 month before this accident, did so improperly. Note: There had been one fatal accident at this site in the year before the trial. The post Carmen Garcia and David and George Garcia, infs. v. City of New York appeared first on OAS.

XIII/8-7 SUBWAY ACCIDENT PASSENGER MUGGED AND THROWN TO TRACKS MOTORMAN FAILS TO STOP TRAIN IN TIME BILATERAL ABOVE-THE-KNEE AMPUTATIONS Verdict: $3,677,007.00 XIII/8-7 SUBWAY ACCIDENT PASSENGER MUGGED AND THROWN TO TRACKS MOTORMAN FAILS TO STOP TRAIN IN TIME BILATERAL ABOVE-THE-KNEE AMPUTATIONS The post Jesse Spellman v. New York City Transit Authority appeared first on OAS.

XIV/37-34 FALLDOWN STAIRS HERNIATED AND BULGING DISCS Verdict: $550,000.00 This case settled after jury selection for $550,000, plus the waiver of a $175,000 Workers Compensation lien. Pltf., a 40-year-old produce manager for a supermarket, claimed that he was injured on 5/8/89 at approximately 10:30 AM when he fell on a staircase leading from a basement storage area of Deft. s premises to the sidewalk. At the time of the accident, Pltf. was working at a supermarket located in an adjoining building and had gone into Deft. s basement to locate plastic milk crates with which to build a display. He fell while walking up the stairs with two or three milk crates in his hands. Pltf. would have claimed that the stairs were defective and that he fell because a piece of a steel bull nose over the worn edge of the concrete step was missing. Deft. would have argued that Pltf. fell at a different location, that the fall was caused by his own negligence, and that the stairs were not defective. The post Michael Perrone v. Joseph Savarese Real Estate Corp. v. M&Q Restaurant Corp. d/b/a Urbino appeared first on OAS.

XVIII/28-41 MOTOR VEHICLE BICYCLE ABOVE-THE-KNEE AMPUTATION Verdict: $3,710,000.00 This action settled after opening statements for $3,710,000. Pltf., a 46-year-old hospital admitting clerk, was riding a bicycle on 6/19/99 on Troy Ave. when he was hit by Deft. s pickup truck at the intersection of Bergen Street in Brooklyn. Pltf. claimed that Deft. Miller, driving Deft. JKB s truck, drove through a red light. Deft. claimed that Pltf. rode his bicycle off the sidewalk and into his lane of traffic, and that he had no time to avoid the accident. The post Courtney and Gwennette Monsanto v. JKB Contracting, Inc. and Colin Miller appeared first on OAS.

CAR PASSENGER CLAIMS COLLISION LED TO SPINAL INJURIES Verdict: $526,800 The jury found that Bahadur Singh had sustained a permanent injury under the verbal tort threshold and was awarded $856,000 in damages. Singh's wife, Harbinder Kaur, received $22,000 for her loss of consortium claim. Their combined total award was $878,000. However, the jury also found that Singh's failure to undergo fusion surgery constituted contributory negligence of 40 percent. The post Gurmeet Singh and Surinder Kaur v. Thomas Alfano and MetLife Investments / Bahadur Singh, Harbinder Kaur, Sukhwant Singh, Jagdev Kaur, Jaib Singh, Mandee Kaur and Gurmeet Singh v. Thomas Alfano and MetLife Investments appeared first on OAS.

SCHOOL BUS ACCIDENT LEFT BOY WITH BRAIN DAMAGE Verdict: $3,775,000.00 On Nov. 28, 2007, plaintiff Kyle Fowlkes, 6, was a passenger of a school bus that was being driven by Donna Gray, who was traveling on Clearview Drive, near its intersection at Briarwood Road, in Wheatley Heights. Kyle claimed that Gray performed a “zigzag” stunt in which she swerved the bus left and right to entertain the children. He contended that his head struck and shattered one of the bus’s windows. Kyle’s parents, Kisha and Otis Fowlkes, claimed that Kyle sustained an injury of his brain. Gray was soon terminated by her employer, the Half Hollow Hills Central School District. The post Kyle Fowlkes, Inft. by His m/n/g, Kisha Fowlkes, Kisha Fowlkes & Otis Fowlkes v. Half Hollow Hills C.S.D., Donna Gray & Stephen Troy, No. 7631/08 appeared first on OAS.

CARPENTER CLAIMED FALL CAUSED INJURIES OF ELBOW, SPINE Verdict: $3,900,000 The parties negotiated a pretrial settlement. The first-party defendants' insurer tendered its policy, which provided $1 million of coverage, and Commodore Construction's insurer agreed to pay $2.9 million, from a policy that provided $10 million of coverage. Thus, the settlement totaled $3.9 million. The post Sean Nicholson v. Structure Tone Inc, Pavarini Construction Co Inc, Pavarini McGovern LLC appeared first on OAS.

X/21-18 MOTOR VEHICLE MOTORCYCLE COLLIDES WITH FIRE TRUCK THAT DROVE THROUGH RED LIGHT OBSTRUCTED VIEW FRACTURE OF DOMINANT ARM AND WRIST Verdict: $500,000.00 Pltf., a 25-year-old self-employed outboard motor repairman, claimed that on 8/12/86 he was driving his motorcycle when he struck the side of a fire truck which went through a red light. The accident occurred at the intersection of Clemenson Center Pkwy. and Second Ave. in Elmira. Pltf. claimed that he was driving southbound on Clemenson Center Pkwy. and was in the left lane. Pltf. claimed that as he approached the intersection, the light changed to green and that he proceeded through the intersection at 25-30 mph. Pltf. did not see Deft. ‘s fire truck enter the intersection until it was too late to stop and collided with it. Pltf. contended that he did not see the lights or hear the siren because he was wearing a full face motorcycle helmet. Pltf. contended that there was a line of trees and a parking lot filled with trucks and cars on the northwest corner of the intersection which obstructed his view of the oncoming traffic. Pltf. applied the brakes when he saw Deft.’s truck and struck the side of the truck close to the rear tire. Pltf. claimed that he was faced with an emergency situation. He also contended that the driver did not observe traffic and did not look when he entered the intersection. The post Mark Campbell v. City of Elmira appeared first on OAS.

XIV/14-1 SCAFFOLD ACCIDENT LABOR LAW IRONWORKER FALLS 20 FEET FRACTURED WRIST AND PELVIS; HERNIATED AND BULGING DISCS DAMAGES TRIAL Verdict: $3,912,329.00 XIV/14-1 SCAFFOLD ACCIDENT LABOR LAW IRONWORKER FALLS 20 FEET FRACTURED WRIST AND PELVIS; HERNIATED AND BULGING DISCS DAMAGES TRIAL The post Joseph and Shelly Dawson v. Pavarini Construction Co. and Islandia Center Assoc. appeared first on OAS.

MACHINE'S SUDDEN START CAUSED LOSS OF WORKER'S HAND Verdict: $4,000,000 After selection of a jury, but prior to the scheduled start of trial, the parties negotiated a settlement. Plymouth Beef's primary insurer tendered its policy, which provided $1 million of coverage; Plymouth Beef's excess insurer agreed to pay $1 million; and Santos Cleaning's insurer agreed to pay $2 million. Thus, the settlement totaled $4 million. Santos Cleaning also waived its workers' compensation lien. The post Francisco Lalin v. Plymouth Beef Co., Inc. appeared first on OAS.

LABORER FALLS SIX STORIES, SUFFERS FRACTURES OF ARM, SKULL, PELVIS Verdict: $4,000,000 The parties negotiated a pretrial settlement. AP TEK Restoration's insurer agreed to pay $3 million, and the insurer of 1963 Ryer Realty and Gazivoda Realty--though fully indemnified by AP TEK Restoration's insurer--tendered its policy, which provided $1 million of coverage. Thus, the settlement totaled $4 million. The settlement also included a waiver of the workers' compensation lien. A Saad Contracting's insurers disclaimed coverage and did not contribute. The settlement's negotiations were mediated by Allen Hurkin-Torres, of Jams. The post Nicolas Guaman & Paula Mayancela v. 1963 Ryer Realty Corp. & A Saad Contracting, Inc. appeared first on OAS.

XI/21-25 MEDICAL MALPRACTICE TREATMENT OF LEG FRACTURE NEGLIGENT USE OF RODS EXTERNAL ROTATION OF ONE FOOT Verdict: $500,000.00 Pltf., a laborer in his mid 40s at the time, suffered a displaced fracture of the distal shaft of the right tibia and fibula when he fell from a ladder in 1989. Deft. orthopedist inserted two Rush rods to stabilize the fracture and applied a cast. Six days later, he wedged the cast to align the fracture. Pltf. suffered pressure necrosis of the right tibia and subsequently developed an infection in his right leg. He underwent two surgical procedures, and was left with a 25? external rotation of the right foot and a slight limp. The post Eugene Krein v. Stewart Kaufman appeared first on OAS.

MOTORCYCLIST BLAMED DRIVER FOR BROADSIDE AND LEG AMPUTATION Verdict: $4,300,000 On Sept. 20, 2015, plaintiff Michael Plaszczymaka, 55, a heating, ventilation, and air-conditioning (HVAC) foreman, was riding a motorcycle north on Minebrook Road in Bernardsville. At the same time, a vehicle driven by Lei Fu was waiting at a stop sign, facing west on Whiteknack Road. The post Michael Plaszczymaka and Lilla Plaszczymaka v. Lei Fu appeared first on OAS.

XV/25-12 LEAD POISONING INFANT EXPOSED TO PEELING PAINT IN APARTMENT NEUROLOGICAL IMPAIRMENT Verdict: $500,000.00 Pltf. claimed that she contracted lead poisoning when she was 1 year old after ingesting peeling lead paint at the Brooklyn apartment where she resided with her family in 1981. Pltf. was a 17-year-old student at the time of trial. Deft. was the owner of the apartment building. Pltf. claimed that in 1982 Deft. was issued a violation by the Department of Health after the apartment tested in excess of acceptable limits. Deft. contended that even though it was issued a violation, the testing done by the Department of Health was erroneous, and argued that the testing did not take substrate corrections into consideration. Deft. contended that if the testing had been done correctly, the findings would not have warranted a violation. The post Debra Esteves v. New York City Housing Authority appeared first on OAS.

VII/6-1 MARITIME ACCIDENT - JONES ACT - VERDICT FOR SEVERE INJURY TO DOMINANT HAND Verdict: $4,700,000.00 Injuries: severe crush injury to the right dominant hand resulting in degloving, severing of the ulnar artery, and compound fractures of four fingers. Pltf. required six surgical procedures and skin grafting. Testimony indicated that Pltf. will be in pain for the rest of his life. Pltf. also suffered from psychological injuries including depression. Pltf. contended that he was unable to return to work at all. He claimed lost earnings based on his prior occupation as an automobile assembly line worker. He had been called back from a lay-off after the injury, but was found unfit to return to the assembly line. He also claimed that he was unable to perform any manual labor, the only appropriate work available to him with his limited education. Pltf. also called an expert who performed psychological tests which showed that his IQ had diminished to such an extent after the accident that he was a poor candidate for retraining for any future employment. Deft. argued that Pltf. was educable and could be trained for a new occupation. The post Elnaham v. Waterman Steamship Corp. appeared first on OAS.

XVII/13-30 SCAFFOLD ACCIDENT DAMAGES TRIAL STRUCTURAL STEEL PAINTER SUSTAINS ANKLE AND KNEE FRACTURES Verdict: $770,239.00 Facts: On 10/8/94, Clmt., then age 43, fell 12-15 feet while working atop a mobile truck scaffold after its railing collapsed. At the time, he was employed as a structural steel painter, painting an overpass on Sunrise Hwy. in West Islip. Previously, Clmt. had been granted summary judgment on liability by the Appellate Division, Second Department. Lightfoot v. State of New York, 245 A.D.2d 488. This trial on damages ensued. The post Richard and Kathleen Lightfoot v. State of New York appeared first on OAS.

XIV/15-22 MOTOR VEHICLE LANE CHANGE SUMMARY JUDGMENT ON LIABILITY DEGENERATIVE DISC DISEASE AND RADICULOPATHY Verdict: $779,000.00 Facts: Pltf., a 45-year-old union truck driver at the time, testified that on 8/30/94 he was driving a dump truck on the N.Y.S. Thruway in Clarkstown when the truck was hit by Deft. s vehicle, blowing out the left rear tire. Pltf. claimed that the force of the impact caused him to hit his chest on the steering wheel and then hit the back of the cab. Pltf. was granted summary judgment on liability and this trial was on damages only. The post Raymond and Georgette Gilmore v. Owen Cosgrove appeared first on OAS.

XIII/36-36 MARITIME ACCIDENT LADDER PAINTER FALLS WHILE WORKING ON SHIP HERNIATED CERVICAL DISC.

XIII/37-4 MOTOR VEHICLE REAR END HERNIATED AND BULGING CERVICAL AND LUMBAR DISCS WITH SURGERY SURVEILLANCE FILM Verdict: $840,000.00 Facts: The accident occurred at 10 AM on 6/21/92 at the intersection of 31st St. and Ninth Ave. in Manhattan. Pltf., a 42-year- old cab driver, was driving a car that was struck in the rear by Deft.’s Ford Aerostar commercial van, which was leased by Deft. Kerman and driven by Kerman’s employee, Deft. Gordon. Pltf. claimed that he was stopped for 3-5 seconds before the collision. The impact crushed the back of the cab and broke the driver’s seat, and the taxi was pushed 30 feet through the intersection. The post Mohammed and Mukhtar Nav Ashraf v. Marc Gordon, Kerman Protection Co., and Ford Motor appeared first on OAS.

VI/1-18 ELEVATOR ACCIDENT - AGGRAVATION OF PRIOR SPINAL PROBLEM WITH RADICULOPATHY Verdict: $850,000.00 $1,500,000 for Jose G.; $100,000 for Lydia G. for loss of services. Settled for $850,000 pursuant to a "high/low" settlement agreement ($250,000/$850,000). The post Jose and Lydia Garcia v. Universal Elevator Co., Inc. appeared first on OAS.

PLAINTIFF CLAIMS ONCOMING MOTORIST NOT MINDFUL OF ICY ROAD CONDITIONS, CAUSED ACCIDENT Verdict: $873,066 On Dec. 31, 2009, plaintiff Angel Ruiz, 44, a union-affiliated trucker, was driving on the eastbound side of Union Turnpike, near its intersection at Woodhaven Boulevard, in the Flushing section of Queens. His fiancée, plaintiff Jennifer Myers, was a passenger. Their truck struck one side of a sport utility vehicle that had skidded off of the westbound side of Union Turnpike, over the road’s concrete divider and onto the eastbound side of the road. Myers claimed that she sustained injuries of her back and neck. Ruiz claimed that he sustained injuries of his back and a knee. Myers and Ruiz sued the SUV’s driver, Mario Pugliano. Myers and Ruiz alleged that Pugliano was negligent in the operation of his vehicle. The post Angel Ruiz and Jennifer Myers v. Mario Pugliano appeared first on OAS.

Read our blog and know vocational evaluation can help veterans receive TDIU. For more information, contact us at 800-292-1919.

This action settled just before jury selection for a total of $887, 500, plus the waiver of a $150,000 Workers’ Compensation lien.

WORKER FELL 30 FEET WHEN SCAFFOLD COLLAPSED DURING DISASSEMBLY Verdict: $900,000.00 On May 29, 2008, plaintiff Pedro Pluas-Aviles, 28, a laborer, worked at a residential property that was located at 24 Crossways, in East Hampton. Pluas-Aviles and other workers were replacing a home’s roof and siding, and the work necessitated their use of a scaffold. The scaffold collapsed while Pluas-Aviles was working on it, and he plummeted about 30 feet. He claimed that he sustained injuries of his back and a leg. The post Pedro G. Pluas-Aviles v. RAS Management, Inc., No. 36266/08 appeared first on OAS.

SALES ASSOCIATE SLIPPED AND FELL IN CAR LOT Verdict: $900,000 Sanders worked for BMW of Bloomfield. The dealership had an oral agreement with Lynne’s Nissan City and its owner, Dominick Tozzo, to store its BMW vehicles at the Nissan dealership. Of the approximately 1,000 vehicles at the lot, about 225 were BMW vehicles. The post Douglas Sanders v. Dominick Tozzo and Lynnes Nissan City Inc. appeared first on OAS.

MAN INJURED BY PAPER SHREDDER, ALLEGED IT WAS DEFECTIVELY MADE Verdict: $900,000 Urgovitch and another employee had gone into an office building in Passaic County to collect paper for shredding. The shredder in the truck jammed and, as Urgovitch and other employees had allegedly often done before, he jumped on top of the paper in the hopper, which is funnel-shaped. The jam cleared and his right foot slipped into the blades. His toes were cut off and ultimately part of his foot had to be amputated. The post Frank Urgovitch v. Shred-Tech USA LLC, Shred-Tech USA Inc., Shred-Tech Corporation and Information Destruction System appeared first on OAS.

On April 2, 2012, plaintiff Errol Joseph, 40, a union-affiliated carpenter, worked at a construction site located at the World Trade Center Transportation Hub, which abuts the intersection of Church and Fulton streets in Manhattan.

MOTORIST MADE ILLEGAL TURN, CAUSING ACCIDENT Verdict: $925,000 On Jan. 11, 2013, plaintiff O’Neil Walters, 30, a mechanic, was driving on the northbound side of Grand Concourse, near its intersection at East 149th Street, in the Mott Haven section of the Bronx. While he was proceeding through the intersection, his car collided with an eastbound truck that was being driven by Jermel Coates. Walters claimed that he suffered injuries of his back and a knee. The post Oneil Walters v. Jermel L. Coates and MMI Mechanical Inc. appeared first on OAS.

Plaintiff seriously damaged spine, shoulder after being blindsided Verdict: $950,000 On Feb. 5, 2013, plaintiff Joan Craig, 53, a dental assistant, was driving south on Dutch Lane Road, a two-lane, rural road in Marlboro Township with a 45 mph speed limit. On her right side was a T-junction, where Randolph Road, another two-lane road, with a 35 mph speed limit, runs perpendicularly into Dutch Lane Road. As Craig drove past the junction, another driver, approaching on Randolph Road, went through a stop sign and broadsided the passenger-side of Craig’s vehicle. She claimed multiple injuries. The post Joan Craig and John Craig v. Kayla Kellner and Maria Colangelo appeared first on OAS.

X/24-24 PRODUCT LIABILITY CHAIR COLLAPSE DEFECTIVE DESIGN BRAIN DAMAGE Verdict: $950,000.00 Facts: Pltf. was a 57-year-old department manager for Deft. B. Altman when she was injured when the chair in which she was sitting collapsed in July 1990. The chair, manufactured by Deft. SPS Technologies, was 24 years old at the time of the accident. Pltf. claimed that the chair had been defectively designed in that only one bolt secured the seat back to the bottom portion of the chair. Pltf.’s metallurgist testified that when this bolt failed, Pltf.’s weight was thrown backwards, causing the chair to collapse. He also testified that the bolt failure occurred at an area where the bolt and the seat back assembly did not fit together properly. Further stress was added to the bolt because the weight of the seat back was placed on the fulcrum, which was attached to the bolt. The expert testified that the bolt could not be tightened, causing the chair to wobble, which stripped the threads on the bolt, causing the bolt to weaken and eventually give way. The post Flora Iannacone v. SPS Technologies and B. Altman (Third-party Deft.) appeared first on OAS.

XVIII/19-44 FALLDOWN PARKING GARAGE RAMP FRACTURED PATELLA Verdict: $1,000,000.00 This action, which settled after Pltf. s orthopedist testified, resulted in a $1,000,000 settlement, with $750,000 in cash and $250,000 structured. Pltf., a 35-year-old physiatrist, claimed that on 11/2/95 at 7:45 AM she was injured while walking down a ramp at Defts. parking garage on 23rd St. in Manhattan. Pltf. testified that she slipped on a puddle of grease or oil. Pltf. s engineer testified that samples taken from the ramp indicated a long-term accumulation of oil from cars. Pltf. also contended through her expert architect that the garage ramp was excessively steep, lacked handrails, lacked a non-skid surface, and did not have an intermediate landing. Defts. denied notice of any oil. The post Vicki Seidenberg, M.D. v. Dan s East 23rd St. Parking Corp., New Amsterdam Apartment Corp., and Goodstein Management Co. appeared first on OAS.

X/10-26 MOTOR VEHICLE RED LIGHT HERNIATED DISCS AND PSYCHOLOGICAL INJURIES SETTLEMENT PRIOR TO ARBITRATION HEARING Verdict: $1,000,000.00 The accident occurred on 8/22/87 at the intersection of Nichols Rd. and Rte. 25 in Brookhaven. Pltf., a 42-year-old insurance loss control representative, claimed that Deft. Carol Duffy drove through a red light and struck his vehicle. Injuries: herniated discs at C4-5, C5-6, C6-7, and L5-S1 requiring surgery; anxiety disorder. Pltf. returned to work after the accident, but has not worked since he underwent surgery. He claimed that he will never be able to return to work. Deft. denied that Pltf. suffered any herniated discs, and contended that he had preexisting degenerative disc disease which was unrelated to this accident. Deft. also contended that Pltf. could return to work. Demonstrative evidence: blowup of MRI; interpretive illustration of spine injury. Carrier: State Farm for Deft. Carol Duffy in underlying action. Settlement apportionment: structured settlement with a present value of $1,000,000 and a future value of $2,214,717. Pltf. Experts: Pltf. would have called Edmond Provder, vocational rehabilitation, Cherry Hill, New Jersey; Dr. Albert Levenson, economist, Woodmere; Dr. Joseph Conroy, neurosurgeon, Langhorne, Pennsylvania; and Dr. Mark Reubens, psychiatrist, Old Westbury. The post Mark Traurig v. Continental appeared first on OAS.

XVII/46-3 LEAD POISONING FIVE-YEAR-OLD BOY EXPOSED TO PEELING LEAD-BASED PAINT COGNITIVE DEFICITS AND LEARNING DISABILITY Verdict: $1,073,000.00 Facts: The infant Pltf., age 5 at the time, claimed that he was exposed to lead during his residence at Deft. s apartment from October 1993 through November 1994. His highest lead level was 39 mcg/dl, and it remained elevated in the low 30s and mid-to-high 20s for approximately 2 years. Pltf. claimed that there was a long- standing peeling paint condition at the premises. Deft. argued that it did not have notice that a child under 6 years old resided at the apartment, which was a pre-1960 multiple dwelling. Deft. also claimed that it was not negligent and that it did not have notice of a lead-based paint hazard until it received the Order to Abate Nuisance from the New York City Department of Health in May 1994. The jury found that Defts. had notice that a child under 6 years of age lived in the apartment, that Defts. were negligent, and that the lead poisoning was a substantial factor in causing Pltf. s injuries. The post Gerardo Rojas, an inf. by his f/n/g Bernardino Rojas v. Anglo Enterprises Company #2 and Anglo Enterprises Co. II appeared first on OAS.

XVIII/36-4 MOTOR VEHICLE PEDESTRIAN CLOSED HEAD INJURY WITH COGNITIVE IMPAIRMENT Verdict: $219,545.00 Injuries: closed head injury with permanent cognitive impairments including memory loss, impairment of concentration, irritability, depression, personality disorders, and post-traumatic stress disorder; post-concussion syndrome; sleep disorder; torn ligaments in the right knee. Pltf. underwent knee surgery in 1999. She had taken a leave of absence and was working part-time by the time of trial. Deft. conceded that Pltf. suffered post-concussion syndrome, which medical experts on both sides equated with mild traumatic brain injury, but disputed the extent and duration of Pltf. s injuries, as well as her claim that she lost future earning power and partnership potential. Deft. produced evidence that Pltf. had been successfully employed at two of the big five public accounting firms since the accident, which had competitive work environments. Deft. also produced Pltf. s former manager from her current employer, who rated her accounting abilities highly. Deft. contended that Pltf. s emotional and personality complaints were related to marital discord. Deft. also contended that Pltf. s knee injury was an aggravation of a more serious prior injury, that results of extensive psychological testing did not support her claims of cognitive impairments, and that her part-time employment status was a voluntary arrangement that did not substantially impair her future prospects. Demonstrative evidence: charts; enlargements; photographs; diagrams ( 97 trial exhibits were marked). Jury deliberation: 6 hours. Carrier: CNA. The post Carolyn and Robert French v. Alfred Schiavo, et al. appeared first on OAS.

XIV/34-31 MOTOR VEHICLE REAR END TORN ACHILLES TENDON Verdict: $225,000.00 This $225,000 settlement, before jury selection, arose out of an accident that occurred on 7/5/93 at the intersection of Central Park Ave. and Crisfield St. in Yonkers. Pltf., a 40-year-old salesperson at the time, claimed that Deft. s truck hit his car in the rear while he was stopped at a red light. Pltf. was granted summary judgment on liability after depositions. The post Soricelli v. Marquez, et al. appeared first on OAS.

VIII/42-22 FOUR-YEAR-OLD INFANT INJURED ON PLAYGROUND EQUIPMENT -- DAMAGES TRIAL -- SUPRACONDYLAR FRACTURE OF THE ELBOW WITH DEFORMITY Verdict: $247,735.00 Injuries: displaced supracondylar fracture of the left elbow with closed reduction. Clmt. has had difficulty coping with the disability of his left arm in that he cannot do certain things, such as climbing trees or swimming, and this often causes embarrassment and ridicule from other children. Clmt.’s left elbow is obviously deformed and the Court noted that when Clmt. was on the stand, he became suddenly aware of Judge Margolis looking at his elbow, and attempted to position his arm to make it less noticeable. Medical experts for both Deft. and Clmts. agreed that Clmt. suffered an enlargement of the growth plate as a result of the accident. The Court also found that Clmt. has a high chance of bursitis or arthritis in his adult years. Clmt.’s expert testified that Clmt. will have difficulties performing tasks that require pushing, pulling, or overhead work that requires the full extension of his arms. The post John B. and Diane Compani, indiv. and as p/n/g of John P. Compani v. State of New York appeared first on OAS.

CAR PASSENGER IN SIDESWIPE INSISTS BOTH DRIVERS AT FAULT Verdict: $250,000 On Feb. 1, 2014, plaintiff Mi Ho, 55, was a passenger in a car traveling on Route 1/9 in North Bergen. When her car was on an entrance ramp to Interstate 495, traffic began to merge and another vehicle sideswiped hers on the driver’s side. Mi Ho claimed injuries to her back and right shoulder. The post Mi Ho v. Robert Goldstein and Jane J. Ho appeared first on OAS.

OAS has recently published an informative video on how even experienced attorneys often may not fully understand how to document damage in personal injury cases

XI/4-14 MOTOR VEHICLE HEAD-ON COLLISION FRACTURED HIP Verdict: $250,000.00 Facts: On 6/24/88, Pltf. Schmitt, a 37-year-old self-employed carpenter, was struck head-on by a vehicle driven by Deft. Hamanjian (100% liable). Deft. Hamanjian crossed over Wellwood Ave. in Lindenhurst, struck a car driven by Deft. Misle, who was heading south, and then hit Pltf.’s vehicle. Hamanjian claimed that either Misle or a phantom vehicle cut him off, causing the accident. Deft. Hamanjian also contended that Misle and Pltf. were driving too fast in a school zone and that Pltf. was driving too closely behind Misle. Hamanjian died before trial of unrelated causes. The post William and Debra Schmitt v. Gregory and Eunice Hamanjian v. Christine Misle/Gregory and Eunice Hamanjian v. Christine Misle v. William Schmitt appeared first on OAS.

XIII/21-17 MOTOR VEHICLE INFANT PEDESTRIAN EMERGENCY DOCTRINE CLOSED HEAD INJURIES COMA CONFUSION OVER JURY INSTRUCTIONS RESULTS IN DOUBLE REDUCTION OF VERDICT FOR COMPARATIVE NEGLIGENCE Verdict: $277,671.20 Facts: The infant Pltf., 9 years old at the time of the accident, ran out into the street in front of his home on Rte. 5 in St. Johnville on 4/24/90 at approximately 5:30 PM, and was hit by a car owned and operated by Deft. Glessing. Pltf. contended that Deft. had time to see him and avoid the accident. Pltf.’s accident reconstruction expert testified that Deft. had an adequate sight distance, given his speed. He also testified that Deft. was within the speed limit. Pltf. contended that Deft. was looking for traffic approaching the intersection and was not paying attention to the road in front of him. The post Larry Alkenburgh, as f/n/g of Dale Alkenburgh v. Charles Glessing appeared first on OAS.

VIII/42-30 MOTOR VEHICLE -- MOTORCYCLE -- U-TURN -- FRACTURED HIP AND WRISTS Verdict: $301,222.00 On 7/19/89, Pltf., a 23-year-old employee of the Poughkeepsie Town Highway Dept., was riding a motorcycle when he was struck by a car owned by Poughkeepsie Up-To-Date Co. and driven by Deft. Coleman. Pltf. claimed that Deft. made an improper U-turn into the path of his motorcycle. Injuries: non-displaced fracture of the hip; bilateral fractured wrists. The right wrist required surgery. Pltf. claimed that he has lost sensation and grip strength. He was hospitalized for 24 days and lost 11 weeks from work. Pltf. claimed that he will develop arthritis in the hip and wrists in the future. Settlement apportionment: The structure has a guaranteed payout of $1,140,749. Pltf. Experts: Dr. Samuel Simon, orth. surg., Poughkeepsie; Edmond Provder, vocational rehabilitation, Manhattan; Dr. Andrew Weintraub, Ph.D., economist, Rhinebeck. The post Thomas Howard v. Poughkeepsie Up-To-Date Co., Inc. and Johnny Coleman appeared first on OAS.

CARPENTER HIT BY FALLING LUMBER, CLAIMED CAREER-ENDING INJURIES Verdict: $340,000 On July 9, 2014, plaintiff Ronald Blake, 61, a carpenter, worked at a construction site that was located at 155 E. 79th St., in Manhattan. During the course of his work, Blake was struck by plywood and lumber that had fallen from an overhead location. Blake claimed that he sustained injuries of his face, his head, his neck and a shoulder. The post Ronald E. Blake v. 155 East 79th Street, LLC and T.G. Nickel & Associates, LLC appeared first on OAS.

X/29-11 MOTOR VEHICLE CENTER LINE FRACTURES OF THE PATELLA AND ORBITAL BONES Verdict: $350,000.00 VERDICT: $700,000, reduced to $350,000 for 50% comparative negligence of Pltf. (6/0). Breakdown: $100,000 for past pain and suffering; $150,000 for future pain and suffering; $50,000 for past lost earnings; $400,000 for future lost earnings. Post-trial motions were denied. Jury: 3 male, 3 female. Notice of Appeal by Deft. The post Angelo Abramo v. ARG Trucking appeared first on OAS.

XI/2-6 MOTOR VEHICLE REAR END NO-FAULT QUESTION ON RADICULOPATHY AND BILATERAL CARPAL TUNNEL SYNDROME Verdict: $400,000.00 Facts: Pltf., a 47-year-old mover, claimed that on 1/29/91 his vehicle was struck in the rear by Deft.’s vehicle on the Bruckner Expwy. in the Bronx. Pltf. testified that he was traveling in the middle lane and that he slowed down as he passed a disabled car in the left lane. Deft. contended that Pltf. stopped short to avoid another vehicle in the left lane that had cut him off to avoid the disabled car. Pltf. denied that he was cut off by another car. The post Vincent Micalizzi v. Stanford Superior Drug, Inc. and Barry Smith appeared first on OAS.

XV/20-4 MOTOR VEHICLE BICYCLE REFLEX SYMPATHETIC DYSTROPHY, CHRONIC PAIN SYNDROME, HERNIATED LUMBAR DISCS, KNEE INJURIES, AND POST-TRAUMATIC STRESS DISORDER Verdict: $441,000.00 Verdict: $900,000, reduced to $441,000 for 51% comparative negligence of Pltf. (6/0). Breakdown: $20,000 for past pain and suffering; $80,000 for future pain and suffering; $100,000 for future medical care; $400,000 for future rehabilitative therapy; $200,000 for future custodial care; $100,000 for handicapped-accessible apartment. Pltf. s and Defts. post-trial motions were denied. Deft. s motion for a collateral source hearing was granted. Jury: 5 male, 1 female. Notice of Appeal by Pltf. The post Fuson Ateser v. Robert and David Becker appeared first on OAS.

XV/13-12 LABOR LAW SCAFFOLD ACCIDENT HERNIATED DISC, ENCEPHALOPATHY, MULTIPLE LEG FRACTURES, AND PSYCHOLOGICAL INJURIES Verdict: $635,000.00 The accident occurred on 3/16/93. Pltf., a 35-year- old ironworker, was employed by Third-party Deft. Rice Mohawk and was working on the reconstruction of the I-495 viaduct when a protective shield that he was installing collapsed, causing him to fall 60 feet to the ground. Pltf. brought suit against Yonkers Contracting as the general contractor, and against the New York City Dept. of Transportation (NYCDOT) as the owner. On 8/18/95, the court awarded summary judgment on liability for Pltf. under Labor Law ?240 against Yonkers and the City of New York. Prior to the damages trial, the court vacated the judgment against NYCDOT and dismissed Pltf. s complaints and all cross-complaints against that Deft. This trial was on damages only. The post Peter DeGregorio v. Andron Construction Corp. appeared first on OAS.

IX/21-1 FALLDOWN CONSTRUCTION ACCIDENT LABORER SLIPS ON DEBRIS WHO HAD RESPONSIBILITY FOR CLEANING AT ISSUE MULTIPLE LEG FRACTURES Verdict: $465,500.00 Facts: This incident occurred on 9/23/87 at about 10 AM at the Trump Park Building at 100-106 Central Park South. Pltf., a 58-year-old plumber employed by Paramount Plumbing (20% liable), was sent to an apartment in the building to complete a plumbing connection under the kitchen sink. Pltf. claimed that when he walked into the kitchen, he slipped and fell on debris on the floor. He testified that the debris consisted of cardboard, tile, wood, and sawdust. The post Paul Macri v. Park South Associates, Inc.; Starrett Housing Corp. ; and HRH Construction Corp. v. G.M. Crocetti and Paramount Plumbing Co., Inc.; appeared first on OAS.

XV/14-6 FALLDOWN SCHOOL STAIRWAY FRACTURED ANKLE AND KNEE INJURY Verdict: $487,500.00 Facts: Pltf., a 17-year-old student at the time, claimed that on 3/29/88 he slipped and fell on a wet piece of paper towel on a stairwell at the New Utrecht High School in Brooklyn. He testified that he saw other debris on the stairs earlier that day, but did not specifically notice the piece of paper towel. He claimed that Defts. were negligent in failing to properly maintain the stairwell. Defts. contended that they had no notice of the dangerous situation, and argued that Pltf. was comparatively negligent. The post Salvatore Fundaro v. City of New York and New York City Board of Education appeared first on OAS.

WORKER STRUCK BY FALLING OBJECTS, CLAIMED DISABLING INJURIES Verdict: $492,500 On Nov. 18, 2011, plaintiff Jagjit Singh, 38, a construction worker, worked at a renovation site that was located at 20 Totten St., in Hempstead. Singh and other workers were constructing a scaffold. The scaffold’s materials were being hoisted to an overhead location, where they were being assembled. During the course of the work, Singh, who was situated at ground level, was struck by metal components that had plummeted several stories after having been unloaded from the hoist and dropped by a worker. Singh’s head and shoulders were struck, and he claimed that he sustained injuries of his back, his face, his neck and his shoulders. The post Jagjit Singh v. Village of Hempstead Housing Authority appeared first on OAS.

XVI/14-12 MEDICAL MALPRACTICE CHILDBIRTH FAILURE TO TIMELY PERFORM CAESAREAN SECTION ALLEGEDLY RESULTS IN BRAIN DAMAGE DEFENDANT CLAIMED RETARDATION IS CONGENITAL DEFENSE VERDICT Verdict: $0.00 Facts: In early 1987, Pltf. Minaxi Barot, age 27 at the time and approximately 4 months pregnant, underwent a sonogram that showed that the fetus was in a breech position. Pltf. contended that Deft. Desrouleaux negligently failed to follow the infant with serial sonography to determine if the fetus remained in a breech presentation. She contended that he should have performed an earlier Caesarean section, before the onset of labor on 7/6/87. Pltf. mother presented to Brookdale Hospital at 3 AM on 7/6/87, 2 days past her due date, in early labor. A non-stress test performed upon admission was normal. A resident examining Pltf. on admission noted the breech position and the need for a Caesarean. The chart indicated that Ms. Barot did not want a Caesarean, although she denied this at trial. The post Minaxi Barot, indiv. and as m/n/g of Krunall Barot, inf. v. Brookdale Hospital Medical Center; Kingsboro Medical Group; Leslie Desrouleaux; Sook Marino, M.D.; and Ranjani Chandramouli appeared first on OAS.

VII/2-25 MOTOR VEHICLE - LEFT TURN - NO-FAULT AND CAUSATION QUESTION ON HERNIATED DISC AND PSYCHOLOGICAL INJURIES Verdict: $0.00 Facts: The accident occurred on 3/13/85 at approximately 7:22 PM at the intersection of Salt Point Tpke. and Innis Ave. in Poughkeepsie. Pltf., a 40-year-old grocery store owner and home health aide, claimed that she was injured when Deft.’s vehicle made a left turn into the path of her vehicle. Injuries: herniated disc and aggravation of spinal stenosis condition; psychological damage and inability to work in the future; chronic depression. Deft. alleged that Pltf.’s injuries were due to a prior condition and denied that Pltf. sustained a serious injury under the No-Fault Law, Insurance Law ? 5102(d). Lost earnings: $288,360. Jury deliberation: 2 hours. Offer: $50,000; demand: $300,000; amount asked of jury: $550,000. Pltf. Experts: Dr. Andrew Weintraub, Ph.D., economist, Temple Univ.; Edmond Provder, occupational therapist; Dr. Sheldon Krems, Ph.D., psychologist. Deft. Expert: Dr. Fiaz Choudhri, neurosurgeon, Albany. The post Haydee Moreno v. Lisa and Allen Roberts appeared first on OAS.

XV/40-14 LEAD POISONING EXPOSURE AT APARTMENT COMPLEX DEFENSE VERDICT Verdict: $0.00 Facts: This action arose out of Pltf. s alleged exposure to lead at Deft. s apartment complex located on Ave. X in Brooklyn. Pltf. was an 8-year-old student at the time of the exposure beginning in June 1992. Pltf. moved from Haiti to Deft. s apartment complex in June 1992. He received a blood test as part of a school physical that showed a lead level of 43 mg/dl. The Department of Health inspected Deft. s apartment and found significant violations of unacceptable amounts of lead in the paint, and issued an order to abate the condition. Pltf. received chelation treatment for his lead poisoning. Subsequent apartment inspections by the Housing Authority and by Pltf. s own experts were inconclusive as to whether the level of lead in the paint was within allowable limits. The post Steven Pamphile v. NYCHA appeared first on OAS.

V/1-12 MARITIME ACCIDENT - FALLDOWN - LADDER Verdict: $0.00 Facts: On 7/19/79, Pltf., a 47-year-old seaman, fell from a ladder while aboard a ship owned by his employer, Costello & Sons. The ship was docked at a port owned by Seatrain, the owner of the ladder. Pltf. was using the ladder to climb onto a barge owned by McAllister to unhook containers when, he claimed, the ladder slid, causing him to fall. Pltf. claimed that the ladder was defective because it was curved and lacked rubber shoes. The major issue at trial was notice. Pltf.’s foreman testified for Pltf. that he had told a Seatrain representative about the ladder before the accident. Seatrain’s foreman testified that he could not recall that conversation. The ladder was not available for inspection. Fox Ladder & Scaffold was the party who sold the ladder to Seatrain 10 years before the accident. Louisville manufactured the ladder . Injuries: comminuted fracture of the distal ulna with subsequent nonunion of the ulnar styloid process. The bone had not healed by the time of trial, 6 years after the accident. Deft. contended that Pltf. was capable of performing physical labor despite the nonunion. Pltf. also alleged significant psychological injuries including suicidal ideation. Offer: $300,000; demand: $750,000. Pltf. Experts: Dr. Leo Koven, orth. surg., Manhattan; Dr. Edward Allegra, treating psychiatrist; Dr. Edmond Provder, rehabilitative medicine; Matityahu Marcus, economist. Deft. Expert: Dr. Vincent Lodico, surgeon, Manhattan; Dr. Mortimer Shapiro, neurologist, Manhattan; Dr. Harold Bennett, subsequent treating physician; Dr. Morris Ehrenreich, Ph.D., rehabilitation specialist; Dr. James Ferretti, psychiatrist; Reginald King, maritime expert. The post Mario and Ester Seoane v. Seatrain Lines, Inc. appeared first on OAS.

XIII/41-5 MEDICAL MALPRACTICE CHILDBIRTH ERB'S PALSY AND FRACTURED HUMERUS Verdict: $0.00 Facts: The infant Pltf. was born at Lenox Hill Hospital on 10/6/89. Deft. was the attending obstetrician. Pltf. claimed that Deft. failed to properly deliver the child when he recognized the presence of shoulder dystocia. The infant was born with severe Erb’s palsy and Klumpke’s paralysis of the left arm and hand. Pltf. claimed that Deft. used excessive lateral traction while delivering the child’s head, causing nerve damage to the brachial plexus. She contended that the fact that the infant also suffered a fractured humerus was proof that Deft. used excessive force. The post Sylvia Tawiah, as m/n/g of Jessica Joffie v. Milton Haynes, M.D. appeared first on OAS.

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Iv/6-83 Jones Act – Harbor Patrol Police Officer Falls On Gangway – Herniated Disc

VIII/31-6 ELEVATOR ACCIDENT -- MALFUNCTIONING LOCKING DEVICE -- PLAINTIFF STEPPED INTO EMPTY SHAFT -- DEFENSE VERDICT SET ASIDE 9 MONTHS AFTER VERDICT Verdict: $0.00 Facts: The accident occurred on 7/5/85 between 7-8 AM at the Lincoln Building at 60 East 42nd St. in Manhattan. Pltf., age 23 at the time, was a summer replacement freight elevator operator in the building. He claimed that when he reported to work on the morning of the accident, he unlocked the freight elevator door and stepped inside. The elevator was not at his floor, and Pltf. fell two stories down the elevator shaft. Pltf. contended that the locking device on the elevator malfunctioned, allowing him to open the shaftway doors even though the elevator was not there. He claimed that Millar Elevator, which had a maintenance contract for the building, negligently maintained the elevator. Millar’s contract required that one of its employee be present in the building during all business hours. The post Myron Myron v. Millar Elevator Industries, Inc.; 60 East 42nd St. Assoc.; Lincoln Building Assoc. appeared first on OAS.

OAS recently provided a comprehensive Life Care Plan that helped render a $3.69 million settlement for a worker injured on the job.

XIII/21-20 PRODUCT LIABILITY BOAT PRIMER CONTAINING METHYLENE CHLORIDE DEFENSE VERDICT Verdict: $0.00 Facts: Pltf., a 43-year-old self-employed home contractor at the time, claimed that he used Defts.’ product, AL200, to prime the bottom of his fiberglass boat on 5/24/91. AL200 is 90.3% methylene chloride which, when inhaled, metabolizes to carbon monoxide. Pltf. contended that the use of methylene chloride rendered the product unsafe and that the can’s label did not adequately warn potential users of the hazards of the product, as well as the precautions that should be taken and first aid instructions to be followed when using it. Pltf. testified that for most of the time that he was priming the boat, he was lying on his back underneath it, breathing in the fumes. Witnesses at the scene testified that he had completed priming and was starting to paint when he suddenly lost consciousness and had to be pulled out from underneath the boat. The post James and Ann Kaplan v. International Paint (U.S.A.), Inc. and Courtaulds Coatings, Inc. appeared first on OAS.

XIII/4-8 RAILROAD ACCIDENT SCHIZOPHRENIC CLIMBS HIGH-TENSION TOWER AND COMES IN CONTACT WITH WIRES FAILURE TO PLACE WARNINGS DEFENSE VERDICT Verdict: $0.00 Facts: On 9/12/88 at approximately 10 AM, Pltf., age 23 and unemployed at the time, was found suffering from the effects of a severe electrical shock near the Riverdale train station. Pltf., a schizophrenic, had taken a bus from Pennsylvania to New York. He claimed that he was walking along the tracks by the Hudson River between the Riverdale and Spuyten Duyvil stations and climbed 40 feet up a high-tension tower to get a better view of the city. Pltf. testified that he came in contact with a wire containing approximately 11,000 volts, and was thrown off the tower. He was found 1?-2 days later. Pltf. argued that Deft. negligently failed to put up warning signs or fencing to prevent the public from entering the area or climbing deterrents to prevent people from climbing the tower. Pltf. testified that he was able to walk from the Riverdale park to the tower without encountering any barriers. Pltf.’s expert testified that Deft. should have installed climbing deterrents or fencing with barbed wire to deter climbers. A member of the community testified that people frequently entered the area. The post Carl Ricker, Jr. v. Metro-North Commuter Railroad and Metro Transit Authority appeared first on OAS.

XV/38-29 PRODUCT LIABILITY CHAIR COLLAPSE SPONDYLOLISTHESIS, SPONDYLOSIS, AND BULGING DISC SURVEILLANCE FILM Verdict: $18,292 Facts: Pltf., a 35-year-old bedding salesman, claimed that he was permanently injured on 9/24/94 when a chair that he was sitting on at work collapsed. The chair was an office chair manufactured by Deft. (Model #M3). Pltf. claimed that the chair was defectively welded. Deft. conceded liability. The post Mitchell Weiner v. Globe Business Furniture, Inc. appeared first on OAS.

XIV/30-9 CONSTRUCTION ACCIDENT LABOR LAW LABORER FALLS FROM HEIGHT FRACTURED ELBOW AND HERNIATED DISC SURVEILLANCE FILM Verdict: $77,700.00 VERDICT: $77,700. Breakdown: $25,000 for past pain and suffering for elbow injury; $4,200 for past pain and suffering for neck injury; $25,000 for past pain and suffering for lower back injury; $6,200 for future pain and suffering; $8,300 for future lost earnings; $9,000 for future medical expenses. Pltf. was granted summary judgment on liability. Jury: 2 male, 4 female. The post James Patrick Mills and James Mills v. City of New York and NYCHHC appeared first on OAS.

XIV/30-9 CONSTRUCTION ACCIDENT LABOR LAW LABORER FALLS FROM HEIGHT FRACTURED ELBOW AND HERNIATED DISC SURVEILLANCE FILM Verdict: $77,700.00 VERDICT: $77,700. Breakdown: $25,000 for past pain and suffering for elbow injury; $4,200 for past pain and suffering for neck injury; $25,000 for past pain and suffering for lower back injury; $6,200 for future pain and suffering; $8,300 for future lost earnings; $9,000 for future medical expenses. Pltf. was granted summary judgment on liability. Jury: 2 male, 4 female. The post Andrew and Cynthia Williams v. Parkway Associates, Michael Parisi & Sons Construction, and Williams & Sons Erectors appeared first on OAS.

XV/30-32 MOTOR VEHICLE RED LIGHT LEFT TURN BY PLAINTIFF FRACTURED PELVIS AND EXACERBATION OF FIBROMYALGIA Verdict: $95,000.00 Facts: Pltf., a 37-year-old assistant buyer for a plastics company, claimed that on 4/15/91 at approximately 4:30 PM she was involved in a motor vehicle accident with Deft. s car. Pltf. testified that she was making a left turn from Bradley Park Rd. onto Rte. 303 in Orangeburg when Deft. went through a red light. Deft. conceded liability and this trial was on damages only. The post Joann May v. Eugene Bell and DL Peterson Co. appeared first on OAS.

XVII/17-13 MEDICAL MALPRACTICE LACERATED URETER DURING LAPAROTOMY CLAIM THAT BOWEL RESECTIONS AND NEPHRECTOMY WERE UNNECESSARY JURY FINDS EXCESSIVE AMOUNT OF BOWEL WAS REMOVED Verdict: $$100,000 v. Van Ess. Breakdown: $50,000 for past pain and suffering; $50,000 for future pain and suffering; $0 for pecuniary damages. Defense verdict for Mashioff and Massapequa General (6/0 ). $100,000 v. Van Ess. Breakdown: $50,000 for past pain and suffering; $50,000 for future pain and suffering; $0 for pecuniary damages. Defense verdict for Mashioff and Massapequa General (6/0 ). The post James Roseingrave v. Massapequa General Hospital; Morton Rothstein, D.O.; Judith and John Mark, D.O.; Robert Mashioff, D.O.; Leonard Berlin, D.O.; Lester J. Van Ess, M.D. appeared first on OAS.

PLAINTIFF CLAIMED DETERIORATION OF PHYSICAL CONDITION AFTER CRASH Verdict: $890,000.00 The plaintiff claimed she felt a spasm in her spine and pain from her buttocks up through the middle of her back and called her brother, who owns a towing service, and asked him to have a tow truck meet her at Exit 7, but when she got to the exit, no tow truck was there, so she continued to drive slowly and in alleged pain. She dropped her sister off and went to her parent’s house, where she was encouraged to go to the hospital, but declined to do so. During the night, Puleio said her back stiffened and her pain increased, and the next day she saw her primary care physician, who sent her to St Peter’s University Hospital, in New Brunswick, where she complained of pain in her back, left arm, left hip and left leg, with a pain intensity of six. She was released with a prescription for Percocet and Flexeril and was advised to follow up with her primary care physician. The post Ann Marie Puleio v. Agustin E. Coto and J&A Trucking, No. 3:08-cv-04436-AET -DEA appeared first on OAS.

XVII/5-24 LABOR LAW FALL FROM RAMP AMPUTATION OF TIP OF ONE FINGER Verdict: $150,000.00 Facts: Pltf., a 21-year-old carpenter, was injured on 3/3/93 while working at a site for the construction of a new home in Southampton. Pltf. claimed that he was carrying a piece of lumber that was 2×10 inches wide and 20 feet long up a ramp when he slipped on mud and fell several feet. He testified that he grabbed the foundation wall and that the piece of lumber came down on his finger. Pltf. contended that Deft. violated Labor Law ??240 and 241. Defts. conceded liability, and agreed to a settlement of $150,000. The trial was held to determine the apportionment of liability between Deft., the general contractor, and Third-party Deft., the subcontractor. The post Mark Lopez v. KMA Builders Corp. v. T&E Nielson Assoc. appeared first on OAS.

XIII/40-38 LABOR LAW CARPENTER SUFFERS HERNIATED LUMBAR DISCS WHILE UNLOADING 300-LB DOORS FAILURE TO PROVIDE PROPER UNLOADING EQUIPMENT Verdict: $171,000.00 This action settled during jury selection for $460,000 plus a reduction of a $171,000 Workers’ Compensation lien to $45,000. Pltf., a 35-year-old non-union carpenter employed by Third-party Deft. Accomplished Contracting, was injured while working at a construction site at the premises of North Shore Surgi-Center on Jericho Tpke. in Smithtown on 7/25/89. The premises were owned by Deft. North Shore Smithtown Development. Although it was not part of his job duties, Pltf. was directed by a supervisor for Deft. Halstar, the construction manager, to help him unload from a truck three solid doors manufactured by Deft. Director Door. The doors were to be transported into the premises by means of a handtruck. There were no hi-lo vehicles, forklifts, or other equipment that could have been used to unload the doors. Pltf. requested that the three doors, which were wrapped in plastic and banded together on a skid, be off-loaded separately because they were very heavy, but the supervisor refused. The truck driver slid the doors out of the back of the truck and toward Pltf., who was waiting with the handtruck. Pltf. claimed that the supervisor did not help him catch the doors, which weighed approximately 300 lbs, and they fell on Pltf. The post Fred Carty v. North Shore Smithtown Development Associates, Inc.; Director Door Corp.; and Halstar Construction Co., Inc. v. Accomplished Contracting, Inc appeared first on OAS.

XV/16-10 LABOR LAW SCAFFOLD FRACTURED HIP, WRIST AND LUMBAR VERTEBRA Verdict: $180,000.00 Facts: Pltf., a 52-year-old illegal alien and construction worker, was injured on 4/13/88 while painting a wall, when the scaffold on which he was standing rolled away and caused him to fall approximately 12 feet to the concrete floor below. Pltf. was not wearing any safety equipment. There were no witnesses to the accident, but workers at the site aided Pltf. immediately after he fell. Pltf. was granted summary judgment against Deft. Tel-Ko, and Tel-Ko was subsequently granted summary judgment against Deft. Jung Woo for common law and contractual indemnification. The post In Soo Kim v. Tel-Ko Electric Corp. v. Jung Woo Construction appeared first on OAS.

XVI/8-46 MOTOR VEHICLE CONSTRUCTION WORKER STRUCK BY SIDE VIEW MIRROR DISLOCATED SHOULDER Verdict: $200,000.00 This action settled during trial for $200,000. Pltf., a 26-year-old foreman in a road works company, claimed that on 8/14/95 at 10:30 AM he was standing on a median approximately 1 foot from the road on Veterans Drive in St. Thomas, U.S.V.I., when he was struck from behind by the right side mirror of one of Deft.’s vans. Pltf. claimed that the van was speeding in a construction zone and that the driver was not paying attention to the road conditions. Pltf. did not see the UPS truck, but would have produced a co-employee who saw the incident occur. The post Christopher Cardozo v. United Parcel Service, Inc. appeared first on OAS.

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X/8-5 FALLDOWN CITY LIABLE FOR ICY SIDEWALK $2 MILLION GROSS AWARD FOR PAIN AND SUFFERING KNEE INJURIES Verdict: $1,065,000.00 Facts: On 8/17/93, Pltf., a 30-year-old laborer/carpenter, fell from a 6-foot scaffold when it moved while he was caulking an interior window at a Sun Chemical building in Yonkers. At the time, Pltf. was working for Third-party Deft. Smart, a subcontractor for the general contractor, MRT Construction. The post Patrick Vanriel v. A. Weissman Real Estate, Sun Chemical Corp. and MRT Construction v. Vetragin George Smart d/b/a Modern Woodworking appeared first on OAS.

XI/22-6 MOTOR VEHICLE LEFT TURN NO-FAULT QUESTION ON BULGING DISC AND SPINAL STENOSIS DEFENSE VERDICT Verdict: $0.00 Facts: Pltf., a 44-year-old N.Y.C. sanitation worker, claimed that on 11/14/89 he was traveling on Nereid Ave. when his vehicle was struck by Deft.’s vehicle as Deft. was making a left turn onto Bronx Blvd. in the Bronx. Pltf. claimed that he had the right-of-way and that Deft. turned suddenly. Pltf. testified that the impact caused him to hit his head on the windshield. Deft. contended that Pltf. was comparatively negligent because he was speeding. Two eyewitnesses testified for each party, corroborating their testimonies. The post Aurella Johnson v. Overnight Transportation Co. appeared first on OAS.

XI/22-6 MOTOR VEHICLE LEFT TURN NO-FAULT QUESTION ON BULGING DISC AND SPINAL STENOSIS DEFENSE VERDICT Verdict: $0.00 Facts: Pltf., a 44-year-old N.Y.C. sanitation worker, claimed that on 11/14/89 he was traveling on Nereid Ave. when his vehicle was struck by Deft.’s vehicle as Deft. was making a left turn onto Bronx Blvd. in the Bronx. Pltf. claimed that he had the right-of-way and that Deft. turned suddenly. Pltf. testified that the impact caused him to hit his head on the windshield. Deft. contended that Pltf. was comparatively negligent because he was speeding. Two eyewitnesses testified for each party, corroborating their testimonies. The post Joseph Iocovello v. Salvio Construction appeared first on OAS.

XI/14-6 MOTOR VEHICLE PEDESTRIAN DEFENSE VERDICT ON CAUSATION OF INJURIES Verdict: $0.00 Facts: The accident occurred on 10/5/88. Pltf., a 29-year-old U. P.S. driver, testified that he parked his truck on the north side of East 88th St. between Fifth and Madison Aves. in order to make a delivery. Deft. parked her 1986 Mercedes Benz on the south side of the same street and turned off the engine. Pltf. contended that he loaded a handtruck and crossed the street, and that Deft. then turned on her car and it “bolted,” crossing the street and hitting Pltf.’s handtruck. The Mercedes was leased, and was subsequently returned to the dealer. It was never located. The post Peter Hill v. Roberta Liford appeared first on OAS.

XI/7-16 MEDICAL MALPRACTICE CHILDBIRTH INADEQUATE MONITORING CLAIMED BRAIN DAMAGE Verdict: $0.00 Facts: The infant Pltf. was born by Caesarean section on 9/5/84 at Deft. Hospital with multiple congenital abnormalities including two club feet, a high arched pallet, low set ears; excessive arches on her fingertips, a broad-bridged nose, and micrognathia (an abnormally small jaw). It was suspected that these deformities were caused by trisomy 18, an extra chromosome, but tests indicated that chromosomal karyotypes were normal. The post Heather Hood, inf. by m/n/g Tracey Hood v. Northern Westchester Hospital Center; Anita Grover, M.D.; Robert Arrants, M.D.; Jodi Sutton, M.D.; and Hans Kunz, M.D. appeared first on OAS.

IX/44-11 MEDICAL MALPRACTICE FAILURE TO TIMELY DIAGNOSE RARE FORM OF MENINGITIS BRAIN DAMAGE DEFENSE VERDICT Verdict: $0.00 Facts: On 11/8/80, the 10-week-old Pltf. and her two older sisters, ages 2 and 4, were brought to Deft. Dr. Hill’s office suffering from intestinal symptoms. Pltf. was feverish, lethargic, and irritable, and had vomited the night before. She was admitted to Deft. Southside Hospital for observation. Defts. Perkerson and Blecher, residents in the hospital, performed a spinal tap 15 hours later after consulting with the attending physician. The tap was positive for meningitis. Pltf. was treated with Chloramphenicol and Ampicillin with a presumptive diagnosis of H flu meningitis. Further tests revealed the existence of Salmonella B meningitis, a rare type of the disease. Pltf. became very lethargic and began experiencing seizures. She was intubated and transferred to North Shore University Hospital where she remained from 11/9/80 through 1/21/81. During that time, she experienced several relapses. The post Diane (Cestra) Parmentier, indiv. and as m/n/g of Monique Parmentier, inf. f/k/a Monique Cestra, inf. under the age of 14 v. Dr. Richard Hill appeared first on OAS.

XVII/35-12 FALLDOWN RAISED FLOOR BOARDS FOLLOWING APARTMENT BUILDING FLOOD PROPERTY DAMAGE DEFENSE VERDICT ON LIABILITY Verdict: $0.00 Facts: Pltf., a 37-year-old warehouse worker, claimed that in April 1995, a pipe burst in the heat riser of Defts. apartment building, causing his apartment to flood. Pltf. s apartment was located on the main floor, and his entire apartment was flooded with several inches of water. Deft. produced a videotape of the flood. He claimed $24,000 for property damage. The water was ultimately drained, and Pltf. s floor boards buckled. Several days after the accident, Pltf. tripped and fell over one of the floor boards in his bedroom. Pltf. claimed that Deft. was negligent for failing to repair the floor after the flood. Pltf. s expert testified that the floor constituted a dangerous condition. Defts. claimed that Pltf. was offered the opportunity to move out, but he did not move. They also claimed that Pltf. knew the floor was defective in the bedroom, but that he chose to go into the bedroom anyway. The post David and Monica Revill v. Boston Road Development Corp. and Bronx Pro Real Estate appeared first on OAS.

IX/35-6 MEDICAL MALPRACTICE 1971 CHILDBIRTH ABRUPTIO PLACENTA DELAY IN PERFORMANCE OF CAESAREAN SECTION DEFENSE VERDICT Verdict: $0.00 Facts: On 6/12/71, Pltf.’s mother was admitted to the Deft. Hospital complaining of pain and irregular contractions. She was in her 34th week of pregnancy at the time. There was a dispute at trial as to whether she was suffering vaginal bleeding at the time of her admission. Physicians at the hospital administered Seconal and established an IV. The next morning, on 6/13/71, she began bleeding profusely. Abruptio placenta was diagnosed, and a Caesarean section was performed at 3:40 PM. The post Lourdes Ramos v. Wyckoff Heights Hospital; Joseph Calcagno, M.D. appeared first on OAS.

X/8-5 Falldown City Liable For Icy Sidewalk $2 Million Gross Award For Pain And Suffering Knee Injuries.

VII/24-32 CONSTRUCTION ACCIDENT - SCAFFOLD COLLAPSE - FOOT INJURY Verdict: $414,120.00 VERDICT: $414,120. Breakdown: $60,000 for past pain and suffering ; $180,000 for future pain and suffering; $1,620 for past medical expenses ; $7,500 for future medical expenses; $20,000 for past lost earnings; $85, 000 for future lost earnings; $60,000 for Barbara M. for loss of services. The post Steven and Barbara Manning v. British American Development and Kenneally Construction Corp. appeared first on OAS.

PLAINTIFF CLAIMS BRAKE FAILURE CAUSED NECK, BACK SURGERIES Verdict: $1,100,000 On Nov. 12, 2012, plaintiff Essam Eliraky, a livery-car driver in his late 40s, was working when he was rear-ended in slowing traffic by a pickup truck on Easton Avenue, in New Brunswick. He claimed an aggravation of neck and back injuries. The post Essam Eliraky v. Arthur Staloff and Alpine Refrigeration appeared first on OAS.

XVII/11-18 PRODUCT LIABILITY PHISOHEX INFANT SUFFERS MENTAL RETARDATION AND SEIZURE DISORDER DEFENSE VERDICT Verdict: $0.00 Facts: The accident occurred on 10/5/88. Pltf., a 29-year-old U. P.S. driver, testified that he parked his truck on the north side of East 88th St. between Fifth and Madison Aves. in order to make a delivery. Deft. parked her 1986 Mercedes Benz on the south side of the same street and turned off the engine. Pltf. contended that he loaded a handtruck and crossed the street, and that Deft. then turned on her car and it “bolted,” crossing the street and hitting Pltf.’s handtruck. The Mercedes was leased, and was subsequently returned to the dealer. It was never located. The post Timothy Stahl, inf. by m/n/g Mary Ann Stahl v. Youchan Rhee, M.D.; Taik Yong Ban, M.D.; and Sterling Drug appeared first on OAS.

XVI/16-8 RESTAURANT WINDOW PRE-EXISTING CRACKS IN THE GLASS NERVE INJURIES TO THE HAND AND WRIST Verdict: $$475,000 Facts: Pltf., age 15 at the time, claimed that on 7/28/95 at about 9 PM, she leaned her hand against a restaurant window in Deft.’s building at 621 Flatbush Ave., Brooklyn when the glass broke. Pltf. contended that she was on her bicycle when a friend jumped onto it, causing her to lose her balance and lean her hand on the glass for support. She claimed that the window had a pre-existing crack and that it was not held in place properly. Witnesses, who had seen the window before the accident, testified that there were cracks in the glass. Pltf.’s engineer testified that Deft. violated the Administrative Building Code. The post Nadine Matthews v. Fenimore Plaza and Abe Betesh appeared first on OAS.

OAS has recently published an informative video on how a Life Care Plan we prepared helped achieve the largest injury verdict in Wisconsin in 35 years.

XI/7-2 FIRE TENANT INJURY LOCKED WINDOW GATE AND LACK OF SMOKE DETECTORS SEVERE BURNS TO THE BODY, THROAT, AND LUNGS Verdict: $1,128,000.00 Facts: The incident occurred on 2/5/89 at 1:40 AM at 1711 Morris Ave. in the Bronx. Pltf., a 30-year-old self-employed automobile mechanic, testified that he placed a pot of food on a low flame on his stove and went into his bedroom while the food cooked. He claimed that the next thing he knew, the apartment had filled with smoke and he ran into the kitchen where he saw that the top of the stove was enveloped in flames. Pltf. testified that after five or six attempts to put out the fire with a 5-gallon bucket of water he was overcome by smoke. Pltf. claimed that he had also tried to call for help from the living room window, which was the only window in his apartment that could be opened. The post Felipe Feliz v. Morris Avenue Associates appeared first on OAS.

VII/29-23 MARITIME ACCIDENT - LONGSHOREMAN - FALL ON GREASE - HERNIATED DISC Verdict: $1,186,400.00 Facts: Pltf., in his late 20s at the time of the accident, was working as a lasher aboard Deft.’s ship, the American Legend. His work entailed securing and unsecuring cargo containers. While on top of one of the ship’s hatches, he stepped in a large greasy area and fell 15 feet to the deck. He was taken by ambulance to the hospital. Testimony indicated that a co-worker had brought the greasy condition to the attention of the night mate, and that nothing was done about it. Deft. argued that Pltf. was comparatively negligent because the condition was open and obvious. Deft. also argued that Pltf. was an experienced longshoreman and should have noticed the condition. Injuries: herniated lumbar disc requiring a laminectomy and a fusion. The laminectomy was partially successful, and Pltf. still has nerve root impingement. Pltf. is functionally illiterate and reads only at a second grade level. He argued that his limited abilities preclude him from finding non-manual labor. Pltf. Experts: Edmond Provder, occupational rehabilitation expert; David Zaumier, economist, Lexington Economic Consultants. Deft. Expert: Raleigh Ralls, economist, Little Rock, Arkansas. The post Nicholas Calvo v. United States Lines, Inc. appeared first on OAS.

COOK SUFFERED FROM DISABLING INJURIES AFTER MISPLACED LADDER FELL Verdict: $1,195,500 On June 26, 2013, plaintiff Juana Rodriguez, 44, a cook, worked at a newly opened restaurant that was located at 6135 Junction Blvd., in the Rego Park section of Queens. While Rodriguez was exiting the restaurant’s walk-in refrigerator, she was struck by an A-frame ladder that had fallen from an upright position. Rodriguez claimed that she suffered injuries of an arm, her back, her head and a shoulder. The post Juana Rodriguez v. Rego II Borrower LLC East Bay Mechnical Corp and RPC General Contractors, Inc. appeared first on OAS.

XV/36-47 WORK ACCIDENT TIRE EXPLOSION KNEE INJURY REQUIRING KNEE REPLACEMENT Verdict: $This action, which arose out of a forcible explosion of a wheel/tire assemblage that injured a 31-year-old automotive mechanic, settled before trial for $1,200,000, which included the payment of a $200,000 Workers Compensation lien. This action, which arose out of a forcible explosion of a wheel/tire assemblage that injured a 31-year-old automotive mechanic, settled before trial for $1,200,000, which included the payment of a $200,000 Workers Compensation lien. Pltf. claimed that he was returning a tire to a Rampmaster Fuel Truck after repairing a flat on 10/25/92 at Butler Aviation Baltimore Washington International, Inc. (Butler BWI) when the explosion occurred. Evidence indicated that this event was the first time that the tire had been serviced at Butler BWI and that the component parts of the wheel were made by different manufacturers. Pltf. contended that the component parts on the wheel that exploded did not conform with OSHA and wheel manufacturer recommendations. Butler LaGuardia purchased the Rampmaster new and used it for about 8 years before it transferred it to a sister company, Butler O Hare. Butler O Hare denied ever working on the vehicle before it was transferred to Butler BWI. Pltf. claimed that Butler LaGuardia negligently mismatched the wheel components before it transferred the Rampmaster to Butler O Hare and that Butler O Hare negligently failed to inspect its wheels before transferring it to Butler BWI. The post Carl Lewis, Jr. v. Butler Aviation-LaGuardia, Inc., n/k/a Signature Flight LaGuardia appeared first on OAS.

MASON CLAIMED SHE INJURED SPINE, WRIST, KNEE IN FALL ON RAMP Verdict: $1,240,000 On Feb. 6, 2006, plaintiff Sylvia Davis, 41, a union-affiliated apprentice mason tender, worked at a renovation site that was located at 768 Fifth Ave., in Manhattan. During the course of the day, Davis boarded a personnel hoist that provided access to the upper levels of a building that was being repaired. Davis exited the hoist upon reaching the building’s 10th floor, and she fell while she was descending a temporary ramp that led from the hoist’s landing to the 10th floor. She claimed that she sustained injuries of a knee, her neck and a wrist. The post Sylvia Davis v. CPS 1 Realty GP LLC and Tishman Construction Corp. appeared first on OAS.

XI/49-2 SUBWAY ACCIDENT PASSENGER FALLS FROM BETWEEN SUBWAY CARS TO TRACKS BELOW-THE-KNEE AMPUTATION Verdict: $1,251,250.00 Facts: The accident occurred on 7/16/88 at 1:50 AM at Deft.’s 57th St. subway station in Manhattan. Pltf., a 26-year-old trucker’s helper at the time, testified that he boarded the last car of a northbound train through a passenger door which opened in front of him where he was waiting on the platform of the Union Square station in Manhattan. He testified that he was the only one in the car, and during the ride uptown he realized that the passenger doors were not opening at the stations. Pltf. claimed that he attempted to go to the next car where he anticipated that the doors would be working. The door at the end of the car was unlocked and he stepped into the area between the subway cars, but the door to the next car was locked. Pltf. testified that he turned to go back to the first car when the train lurched, causing him to fall to the tracks. The train ran over him. The post Frank Besier v. NYCTA appeared first on OAS.

XV/25-9 CONSTRUCTION ACCIDENT LABOR LAW JOLT OF NAIL GUN CAUSES WORKER TO FALL ULNAR NERVE ENTRAPMENT DAMAGES TRIAL Verdict: $1,256,029.00 Facts: Pltf. Doorly G. was a 49-year-old carpenter at the time of this accident on 7/12/89 that occurred on Madison Ave. in Manhattan. Pltf. was shooting track in preparation for studs being installed for the creation of walls. He was working on a bench, using a nail gun. The jolt of the gun caused the bench to kick out, and Pltf. fell. As he was falling, he reached out with his left hand and caught his thumb on the adjacent stud. He fell on his left side, striking the elbow on exposed pipes coming up out of the flooring. On 9/3/96, Pltfs. were granted summary judgment against Deft., and Deft. was granted judgment over against Third-party Deft., which was found 100% liable. This case was on damages only. The post Doorly and Roselet Gordon v. Tishman Construction Corp. v. D & M Contracting and Developing, Inc. appeared first on OAS.

XVII/5-45 PRODUCT LIABILITY COMMERCIAL WASHER MAINTENANCE COMPANY FAILED TO REPLACE GUARDS CRUSH INJURY TO ARM Verdict: $1,377,500.00 This action settled during trial for $1,377,500, plus the waiver of a $ 103,228 Workers’ Compensation lien. Pltf., a 29-year-old assistant engineer for the Hotel Pennsylvania in Manhattan, was injured on 7/30/94 at 11:30 AM when his arm became caught in a tunnel washing machine. Pltf. claimed that he was cleaning the machine’s rollers when his hand and forearm were drawn into its pinch point. He contended that Deft. Lavatec failed to provide interlocks, that the machine was defectively designed and unreasonably dangerous, and that it lacked adequate warnings. He also claimed that the washer should have been designed with fault circuits, which would stop operation of the machine if it was started without the safety guard in place. Pltf. claimed that Deft. Mickron was negligent for removing and not replacing guards and covers, which would have prevented him from accessing the rollers and pinch point, and for instructing Pltf. to clean the rollers if necessary. Defts. claimed that Third-party Defts. Hampton and Ascot should not have allowed Pltf. to work on the machine and that Third-party Deft. Baring was responsible under strict product liability as a seller of a defective product. At trial, Mickron’s employees admitted to removing the machine’s guards despite knowing that the guards were meant to prevent injury. Pltf.’s expert testified that OSHA rules stated that any such machine guards should be immediately replaced if they are removed. Pltf.’s employer admitted that Pltf. had not been given instruction on safe use and repair of the washer. The post Randy and Sandra Joseph v. Lavatec, A.G.; Lavatec, Inc.; Mickron Industries, Inc. v. Hampton Hotel Corp., Ascot Associates, and Baring Industries, Inc. appeared first on OAS.

OAS has recently published an informative video detailing how and why attorneys who represent clients with serious physical injuries may choose a life care plan

REAR ENDED COLLISION TRIGGERED PLAINTIFF'S SPINE CONDITION Verdict: $1,425,000 On Oct. 22, 2012, plaintiff Miguel Valverde, 46, a truck driver, was driving a bakery delivery truck west on Route 495 in Weehawken. As he entered an exit ramp on the right side of the road, he was rear-ended by a construction truck. Valverde then stuck the rear of a commuter van in front of him before hitting a guard rail on the right side of the highway. Valverde claimed injuries to his head, neck, and low back. The post Miguel A. Valverde v. Michael Carozza Jr., Thomas F. Corbett Associates, Idowu Daramola and Armani Corp. LLC appeared first on OAS.

XVI/16-44 MOTOR VEHICLE TRACTOR-TRAILER ACCIDENT REAR END CONSTRUCTION ZONE KNEE INJURIES AND HERNIATED LUMBAR DISC Verdict: $1,475,000.00 This action settled during trial for $1,475,000 for Brown and $90,000 for Major. Pltfs. claimed that on 10/4/93 at approximately 9:45 AM they were involved in separate motor vehicle accidents while traveling north on I-95 between exits 19 and 22 in Westchester County. Pltf. Brown, a 29- year-old truck driver, was driving a tractor-trailer when Deft. Quinones, a heavy equipment operator, pulled onto the highway in a construction zone without warning or the use of a flagperson. Pltf. claimed that he was unable to stop in time, and struck the rear of the payloader. Pltf. Major, a 41-year-old tractor-trailer driver, was driving behind Brown and struck Brown’s trailer in the rear. The post Andrew Brown and William Major v. Zoraida Quinones and ECCO III appeared first on OAS.

XVII/19-38 LABOR LAW ROOFER FALLS AFTER STEPPING ON UNSUPPORTED EDGE OF ROOF AT SCHOOL SUMMARY JUDGMENT AGAINST CITY FRACTURED TIBIA AND FIBULA Verdict: $1,500,000.00 This case settled before trial for a partially structured settlement of $1,500,000, plus the waiver of a $140,000 Workers Compensation lien. Pltf., then a 41-year-old roofing mechanic employed by Third-party Deft. Volmar Construction, claimed that on 3/7/95 he was injured while working at Prospect High School, located in Brooklyn. Pltf. claimed that he fell from one level of the school roof to another when he stepped on a piece of tar paper on the edge of the roof, which was not supported. Pltf. contended that he was not provided with any harness or other safety equipment, in violation of Labor Law ?240(1). Pltf. s motion for summary judgment, which was denied, was reversed on appeal by the 2nd Dept. (see, Fresse v. City of New York, 238 A.D.2d 374, 657 N.Y.S.2d 330), granting Pltf. summary judgment against the City. Although the City never cross- moved for indemnity against Volmar, it was understood by all parties that Volmar would ultimately assume full liability. The post Orlando Fresse v. City of New York v. Volmar Construction appeared first on OAS.

XIV/25-34 ELEVATOR ACCIDENT TENANT FALLS DOWN OPEN ELEVATOR SHAFT DUE TO DEFECTIVE INTERLOCK BRAIN DAMAGE Verdict: $1,500,000.00 This case resulted in a $3,350,000 settlement of which $1,500,000 was structured. Pltf., a 26-year-old part-time student and businessman, claimed that on 9/16/89 he fell four floors down a service elevator shaft at Deft. s apartment building on West End Ave. in Manhattan. Pltf. claimed that he exited his apartment, pivoted toward the open elevator hoistway door that was 18 inches from his apartment door, and fell into the empty elevator shaft. Pltf. landed on his head on top of the elevator car located on the lobby level below. He argued that the interlock system had malfunctioned due to wear and negligent maintenance and that Deft. landlords failed to have it repaired. Tenants of the building testified that they saw Deft. performing their own repairs on the elevator. The post Yaron Kaplan v. Shlomo, Uzi, and Rachel Einy v. Robert Elevator Co., Inc. appeared first on OAS.

ACCIDENT WITH TRANSIT BUS LED TO SPINAL FUSION Verdict: $1,500,000 On Jan. 15, 2012, plaintiff Irvin Liburd, 51, a carpenter, was driving on the eastbound side of 23rd Avenue, near its intersection at 87th Street, in the East Elmhurst section of Queens. His vehicle’s rear end was struck by a trailing transit bus that was being driven by Daphne Morales-Nelson. Liburd claimed that he sustained injuries of his back and neck. The post Irvin Liburd v. New York City Transit Authority, MTA Bus and Daphne Morales-Nelson appeared first on OAS.

XVII/12-40 MOTOR VEHICLE TRACTOR-TRAILER DRIVER LOSES CONTROL OF VEHICLE DEFENSE BLAMED PHANTOM VEHICLE PASSENGERS SUFFER MULTIPLE INJURIES SEAT BELT DEFENSE BENCH TRIAL FTCA Verdict: $1,600,963.00 Facts: On 10/11/96, Pltfs. were passengers in a Honda motor vehicle that was traveling on the Cross Bronx Expwy. The driver of the vehicle was Pedro Estevez (non-party; settled prior to trial). Pltf. Joseph (age 3) was seated on the lap of his mother, Pltf. Zobeyda (age 31), in the rear middle passenger seat, with Zobeyda s lap belt fastened around both of them. Pltf. Carmen (age 46) was wearing a seat belt. Pltfs. Yaniera (age 13) and Candida ( age 56) were not wearing seat belts. Deft. s U.S. Post Office tractor-trailer was headed eastbound on the Cross Bronx Expwy. when its driver lost control of the vehicle and crossed two lanes of traffic before hitting the median and coming to a stop across two of the roadway s three lanes. Pltfs. vehicle, which was traveling in the left-most lane, was unable to stop and struck Deft. s vehicle. Deft. contended that its driver was cut off by an unknown truck that fled the scene. Deft. claimed that the alleged phantom vehicle created an emergency situation that made the accident unavoidable. The post Joseph, Carmen, Yaniera, Zobeyda, and Candida Estevez v. U.S.A. appeared first on OAS.

XIV/7-27 SCAFFOLD ACCIDENT LABOR LAW FRACTURED HIP, VERTEBRA, RADIUS, AND ULNA Verdict: $1,700,000.00 This action settled for $1,700,000, plus a waiver of a $175,000 Workers’ Compensation lien. Pltf., a 52-year-old carpenter, claimed that on 4/9/92 he was injured as he descended a parapet roof to a scaffold. He testified that the outriggers and two of the three planks had been removed from the scaffold. Pltf. claimed that he hung from the roof and dropped a short distance onto the single remaining plank, which broke. Pltf. brought this action against Deft. Blade Contracting under Labor Law ?? 240( 1), 241(6), and 200, and against Deft. Alpine for common law negligence. The post FRACTURED HIP, VERTEBRA, RADIUS, AND ULNA appeared first on OAS.

Case Name Mia Battle v. Structure Tone (UK) Inc, Russell Investment Management Company, MetLife Inc, Equity Office Management LLC & The Blackstone Group LP Type of Injury HERNIATED DISCS AND NERVE DAMAGE Occupation Union-affiliated Apprentice The post Mia Battle v. Structure Tone (UK) Inc, Russell Investment Management Company, MetLife Inc, Equity Office Management LLC & The Blackstone Group LP appeared first on OAS.

XIV/46-29 FALLDOWN HOLE IN FLOOR OF COMPUTER ROOM REFLEX SYMPATHETIC DYSTROPHY Verdict: $1,797,345.00 Facts: On 10/31/90, Clmt., a refrigeration steamfitter, was called to service the computer room of the Legislative Bill Drafting Commission in Albany. He was carrying a panel with his hands, which prevented him from seeing the floor. As he turned around to place the panel on the floor, he stepped with his left foot into a hole. As he fell, his body twisted, and he landed on his buttocks. The proof showed that the hole was a cutout for cables near the computer where he fell. The floor was raised to accommodate such holes. Raised holes such as this are commonly used in computer rooms to provide an unobtrusive space for the cables. The court found that the presence of this hole, and several others, constituted a dangerous condition. The court also found that it was foreseeable, because the frequency of visits of service technicians in the computer room presented a clear likelihood of injury. The court found that Clmt. also bore responsibility for the accident, because he was aware, from five or six prior visits, that there were two other holes in the floor. The post Michael and Judith Rogers v. State of New York appeared first on OAS.

XI/33-14 MOTOR VEHICLE PEDESTRIAN AT BUS STOP FRACTURES OF THE ELBOW, VERTEBRA, AND TIBIAL PLATEAU Verdict: $1,349,000.00 Facts: The accident occurred on 6/5/91 at 11:40 AM near the intersection of 164th St. and 82nd Rd. in Flushing. Pltf., a 62-year-old patient transporter for Long Island Jewish Hospital, claimed that she was truck by a van owned by Deft. NYCHHC as she stood at a bus stop. She claimed that the van, which was improperly parked at the bus stop, backed up without warning and knocked her down. Pltf. produced the uniform that she was wearing at the time of the accident which bore tire marks from the van. Deft. contended that Pltf. was leaning over the curb and was not paying attention to her surroundings or to the sound of the van backing up. The post Sonia Suga v. City of New York and NYCCHC appeared first on OAS.

XIII/36-38 MEDICAL MALPRACTICE SPINAL SURGERY TREATMENT OF POSTOPERATIVE INFECTION CHRONIC PAIN SYNDROME Verdict: $1,800,000.00 This was a structured settlement during jury selection, with a total present value of $1,800,000, for a 30-year-old college student who underwent surgery performed by Deft. for treatment of a herniated disc. Pltf. contended that although preoperative CAT scans showed a left-sided herniation, Deft. operated on the right side of the spine, and weakened a stabilizing joint in the spine that snapped off several days later. A second operation at the same site was performed by Deft. 1 week after the first surgery. After the second operation, Pltf. began draining large amounts of fluid from the operative site. Pltf. contended that Deft. failed to immediately culture the drainage for infection. She claimed that when the infection was diagnosed, Deft. failed to timely administer antibiotics, allowing the infection to spread to the spinal nerve roots. Pltf. claimed that scar tissue from the untreated infection and surgeries caused chronic pain syndrome. She claimed that she is totally disabled. The post Maria Marin v. NYCHHC appeared first on OAS.

There was a lot of buzz around our three prime location booths at the highly successful Boardwalk 2018 in Atlantic City!

Read our blog and know why to use an economist instead of a rehabilitation expert. For more information, contact us at 800-292-1919.

Occupational Assessment Services and Sobel Tinari Economics Group have RESCHEDULED the March 21, 2018, MOCK TRIAL CLE Seminar to Tuesday, April 24, 2018

A Vocational Expert report can assist the Veteran or his/her attorney in documenting Total Disability. For more information, contact us at 800-292-1919.

Occupational Assessment Services, Inc. and Sobel Tinari Economics Group will be co-hosting a free dinner & CLE seminar on "MOCK TRIAL: Direct & Cross Examination of an Employability/Life Care Plan Expert & Economist at Trial," on March 21st in Iselin, NJ.

OAS has been involved as Vocational Experts in some of the largest verdicts in the United States, including Escobar vs the State of New Jersey which received a verdict of $166,000,000 and Verni vs Armark which received a $105,000,000 verdict.

Read our blog and know how to building the house of damages In personal Injury Case. For more information, contact us at 800-292-1919.

ead our blog and know about the use of the standard methodology to determine employability in personal injury cases. To know more, contact us at 800-292-1919.

There are primarily three professionals who develop Life Care Plans for the severely disabled: Rehabilitation Counselors, Rehabilitation Nurses, and Physiatrists. While all professions have been trained to work with the catastrophically impaired, only the Rehabilitation Counselor’s expertise involves The post The Importance of Using a Rehabilitation Counselor as a Life Care Planner appeared first on OAS.

PLUMBER HIT BY FALLING BLOCK Verdict: $2,650,000 The post Alvaro Anton v. West Manor Construction Corp. Larino Masonry, Inc., Bradhurst 100 Development, LLC, & NYC Partnership Housing Development Fund Company, Inc. appeared first on OAS.

Read our blog and know the importance of life care plan local cost medical research. For more information, contact us at 800-292-1919.

Stop by BOOTH 40 at the NTL Summit 2018 in Miami to enter our raffle for a $1000 Royal Caribbean Cruise Gift Certificate and to meet the expert: Edmond Provder.

OAS will co-hosting two Continuing Legal Education seminars with Sobel Tinari Economics Group to help provide you with the best information possible.

Snow and sleet did not keep the attorneys from enjoying the debut presentation of "Building the House of Damages in Cases Between 100K & 300K: Using a Vocational Expert/Life Care Planner & a Medical Billing Expert." The CLE was held Wednesday, January 17, 2018

Vocational Experts can add valuable services to assist the Plaintiff or Defense attorney in determining the impact of termination.

Divorce attorneys are increasingly using Employability Experts to determine the unemployed spouse's earning capacity. Hire us at 800-292-1919 for your case.

Vocational Testing in personal injury cases usually involves a vocational interview with the plaintiff, from which the vocational expert formulates their employability.

OAS and MBA are excited to host their CLE on Wednesday, January 17 at the Hilton Meadowlands in East Rutherford, NJ.

A plaintiff is involved in a motor vehicle accident and sustains a “bump on the head,” resulting in a mild traumatic brain injury. Many personal injury attorneys are not cognizant of the impact such an incident may The post Not Just a Bump on the Head; Evaluating the Employability of a Traumatic Brain Injured Plaintiff appeared first on OAS.

Occupational Assessment Services (OAS) Inc was a Gold Sponsor at Texas Trial Lawyers Association annual meeting & CLE Seminar.

Ed Provder, CRC, CLRC, D-ABVE, Vocational Consultant & Life Care Planning/Vocational Assessment Expert, will also be at our booth!

ome by and visit OAS at TTLA Annual Meeting and CLE Seminar at the Éilan Hotel and Spa in San Antonio, Texas this week. OAS is a proud sponsor and exhibitor at this meeting, and we look forward to seeing you there.

This past weekend Occupational Assessment Services (OAS) Inc greeted a non-stop flow of visitors at the NJAJ Meadowlands Seminar.

Please visit OAS and MBA today and tomorrow at NJAJ Meadowlands 2017 convention.

This past week Ed Provder spoke at the Brooklyn Bar Association alongside the NYS Academy of Trial Lawyers on "Building Your House of Damages with Economic Experts."

Read our blog and know about the employability and loss of earning capacity evaluations. For more information, contact us at 800-292-1919.

Read our blog and know about why to hire a life care planner for your next catastrophic injury case? For more information, contact us at 800-292-1919.

Occupational Assessment Services, Inc. will be hosting a free seminar on "Building the House of Damages: Using a Vocational Expert/Life Care Planner and Economist in Severe Child Injury Cases," on October 17 in Saddle Brook, NJ.

Many personal injury attorneys realize that a Life Care Planner is important in cases of a catastrophically injured adult, but neglect to properly include the plan as part of the case damages.

Read our blog and know how to document the potential earning capacity of children in personal injury cases. For more information, contact us at 800-292-1919.

Occupational Assessment Services, Inc (OAS) will be holding one of their premiere free CLE seminars in three California locations next week.

Read our blog and know more about the vocational expert reports & testimony. For more information, contact us at 800-292-1919.

Life Care Plans detail the many areas that impact the life of a catastrophically injured person. It begins with a review of all medical, educational, and income records. The next step is to conduct an interview with the client and his/her family

ince 1964, the Social Security Administration has contracted with Vocational Experts to testify in Social Security Cases. Many of these experts derive substantial income from serving as a witness for the government, and many are far from being "impartial."

Since 1964, the Social Security Administration has contracted with Vocational Experts to testify in Social Security cases. OAS provides vocational experts

Employability Experts are being increasingly used by Matrimonial attorneys to evaluate an unemployed spouse's earning capacity. A vocational expert's testimony can be used to lower alimony payments.