Results

TWO HUNDRED AND FIFTY THOUSAND ($250,000.00) DOLLARS Collision between Motorcycle and Van

Case:
Ahmad R. Sarwary, Supreme Court, Queens County
Index #: 708134/2014
Date: October 10, 2017

Attorney(s):
Pat James Crispi, Keogh Crispi P.C., New York, NY

Facts:
A collision occurred on October 17, 2014 at 12:20 PM, when the Plaintiff, Ahmad R. Sarwary was operating a motorcycle northbound on 43rd Street in the County of Queens, and the Defendant Michael A. Clark was operating a van (in the course of his employment) attempting to make a left turn into a Restaurant parking lot from a southbound direction on 43rd street.

Injuries:

Left Lateral Tibial Plateau Fracture; Open Reduction Internal Fixation Surgery performed at Elmhurst Hospital Center, Elmhurst, NY

  • Ahmad R. Sarwary
  • Occupation: Business Owner
  • Gender: Male
  • Married: No
  • Children: none

ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00) Recovered For Construction Laborer: Fractured Skull

Case:
GURMAIL SINGH v. DAVID CHALOM; HENIA CHALOM; SAMUEL UNDERBERG, INC.
Court: Supreme Court, Kings County
Judge: Karen B. Rothenberg
Index #: 502950/2012
Date: August 11, 2017

Attorney(s):
Pat James Crispi, Keogh Crispi P.C., New York, NY

Facts & Allegations:
On October 5, 2011 Gurmail Singh was repairing a section of the concrete floor on the second level of the building owned and operated by the Defendants, David Chalom; Henia Chalom; and Samuel Underberg, Inc., located at 1784 Atlantic Ave, Brooklyn, New York, 11217-2098.
Gurmail Singh was injured when he was struck by sections of the concrete second floor that collapsed and fell down onto him. He was standing on a scaffold at the time. Following the impact, he was knocked off of the scaffold and fell six to eight feet to the floor below. At the time of the collapse Gurmail Singh was in the process of using a crow bar to make a hole in the sheet rock of the first floor ceiling located directly below the damaged area of the second floor.

Injuries/Damages:

  • Closed head trauma with skull fracture;
  • Traumatic Brain Injury;
  • Intracranial hemorrhage;

Settlement Breakdown:

EIGHT HUNDRED THOUSAND % ($800,000.00) DOLLARS, on behalf of Defendant Underberg;
EIGHT HUNDRED THOUSAND % ($800,000.00) DOLLARS, on behalf of Defendants David Chalom; Henia Chalom

    • Surgical Medial Meniscectomy, August 22, 2013
    • Recurrent Medial Meniscus Tear, Right Knee; Chondral Lesion Of The Patella
    • Surgical Medial Meniscectomy June 29, 2015
    • L3/4 with left foraminal herniation component impinging upon exiting L3 root
    • Right parasaqittal herniation at L4/5 with thecal sac compression and impingement upon exiting L4 root. Left foraminal component impinging upon exiting L4 root
    • C3/4 central herniation with cord compression and impingement upon originating C5 roots
    • C4/5 left paracentral herniation with thecal sac indentation
    • C5/7 right paracentral herniation with moderate right and mild left hemicord compression and hericanal stenosis. Impingement upon originating right C7 root
    • Spinal Fracture C3-4
    • C-5 Vertebral Body Fracture
    • Decompression Diskectomy C5•6 AND C6-7
    • Interbody Fusion C5•6 AND C6-7
    • Anterior cervical discectomy C5/6
    • Surgical discectomy L4/5/S1
    • Surgical Laminectomy L4/L5
    • Surgical Laminectomy L5/S1
    • Undersurface flap tear of the posterior horn lateral meniscus, Left knee;
    • Tear of anterior horn lateral meniscus with meniscal cyst, left knee;
    • Arthroscopic surgery

$750,000 Recovered for Construction Laborer

NEW YORK STATE SUPREME COURT, QUEENS COUNTY
INDEX #: 704062/2014
HARBHAJAN SINGH v. NEW YORK CITY HOUSING AUTHORITY
Facts
On May 14, 2013, Harbhajan Singh was employed by Zoria Housing LLC, for the purposes of removing; repairing; and replacing damaged portions of the exterior of the apartment complex owned and operated by the Defendant, NEW YORK CITY HOUSING AUTHORITY located at Building #8, 51-45 Almeda Avenue, Far Rockaway, NY 11691.
Harbhajan Singh was injured when he was struck by unsecured bricks that fell from the building bulkhead located one story above where he was positioned and working on the 5 th floor level of an exterior pipe scaffold. As a result of being struck by the unsecured falling bricks, Harbhajan was knocked down; he fell through an unsafe opening in the platform planking; and landed on the scaffold platform below.
There was a violation of Labor Law §240(1) NYS Labor law §241(6) because of a failure to take the reasonable and legally required measures to guard against the foreseeable risks associated with the forces of gravity.
Injuries


$5 Million Recovered for Security Guard Injured While on the Job

Case:
SAMUEL JAMES v. SOUTHWEST FIXTURE INSTALLERS, INC.

Court: Supreme Court, Bronx County
Judge: Honorable Cynthia S. Kern
Index #: 154562/2012
Date: March 31, 2015

Samuel James is 63 years old. He and his wife Loreen have four children.

On June 19, 2012, at about 11:55 pm Mr. James was within the premises of the retail outlet known as Kate Spade located at Tanger Factory Outlet Centers, Inc., 152 The Arches Circle, Deer Park, New York in the capacity of his employment as a Security Guard with SOS SECURITY INCORPORATED.

The Kate Spade Retail outlet was undergoing an alteration, which consisted of, in part, the installation of a "Salon Wall," which was to be utilized in the display of merchandise. Kate Spade hired Samuel James' employer to provide security against damage or theft of the premises and merchandise while the installation was taking place. The store was closed to the public at the time of the incident.

The "Salon Wall" was delivered to the alteration site in two identical major component wall sections. The three-man installation crew unpackaged the first of the major component wall sections; they positioned it standing upright but unsecured. While the crew was in the process of unpackaging the second component wall section, the unsecured unpackaged component toppled over, striking the Plaintiff Samuel James, and rendering him unconscious.

Samuel James suffered the following injuries:
Traumatic Brain Injury Secondary to Bilateral subarachnoid hemorrhage;
Traumatic Brain Injury Secondary to Subdural hemorrhage;
Cognitive Disorder secondary to Traumatic Brain Injury
Impaired mobility secondary to Traumatic Brain Injury


$4.63 Million Recovered for Psychiatric Injuries

Recovered for Home Health attendant who suffered psychiatric injuries.

Lorna Hanson v. Safeway Environmental Corp., Extell Development Corporation,
Supreme Court. Bronx County
Index No: 18120/05

SUMMARY:
RESULT: Settlement
Award Total: $4.63 million

ATTORNEYS:
Plaintiff: Pat James Crispi; Keogh Crispi, P.C.; New York, NY (Lorna Hanson)

Lorna Hanson was living independently and functioning as a home health aide prior to July 14, 2005. On July 14, 2005, shortly before 9:30 a.m., the wall of a two-story building collapsed into the intersection of Broadway and 99th Street, trapping Plaintiff, LORNA HANSON, who was waiting at a bus stop on the corner, and leaving her buried under a pile of debris. Plaintiff LORNA HANSON was rescued from underneath the rubble and removed to St. Luke's Roosevelt Hospital where she remained hospitalized for approximately two weeks. Plaintiff LORNA HANSON was transferred to Mt. Sinai Medical Center, where she remained hospitalized for another two weeks.

At the time of the accident Lorna was employed as a full-time, live-in home health aide employed through Concepts of Independence 120 Wall Street Suite 1010 New York, NY 10005. She had been employed in this capacity for over 15 years.

As a result of the physical harm and the conditions she was subjected to prior to her being rescued by emergency personnel, Lorna Hanson developed two distinct and profoundly serious illnesses, which robbed her of her means of existence. Ms. Hanson was transformed into an individual who requires constant medical care and supervision. She was forced by her medical problems to move into a restricted living facility. Ms. Hanson suffers from post-traumatic stress disorder and dementia as a direct result of the traumatic episode of July 14, 2005. She has been treated with antipsychotic and antidepressant medication. Three years following her accident Lorna Hanson remains emotionally and cognitively impaired. She is dependent on others for her safety and well-being.

BREAKDOWN
$4.5 Million Past & Future Pain & Suffering; Past & Future; Pecuniary Damages (Safeway Environmental Corp.
$130,000, Past & Future Pain & Suffering; Past & Future Pecuniary Damages (Extell Development Corporation
Jury Selection was scheduled for November 5, 2008
Settlement Date: October 29, 2008


$4.5 Million for Worker Who Suffered Crush Injury to Foot

CASE:
Frederick Migliaccio v. 808 Columbus LLC and Gotham Construction Co., LLC,
Supreme Court, New York County
Index #: 100526/08
January 4, 2010

PLAINTIFF ATTORNEY:
Pat James Crispi, Keogh Crispi P.C., New York, NY

FACTS:
On Sept. 4, 2007, plaintiff Frederick Migliaccio, 48, a carpenter/laborer, was working on the excavation phase of a construction project located at 808 Columbus Avenue in Manhattan. On this day, he was in the process of setting up the placement of concrete forms for what was to become the foundation of a new residential apartment complex. He worked in tandem with a co-worker who was drilling holes into the surface so that wooden posts could be placed in them. At the same time, an operator of heavy-duty excavation equipment was in the process of digging out the footing of the foundation, which was located at the point at which the vertical section meets the horizontal surface. While Migliaccio was working near the operator of the excavation equipment, a section of rock the size of a small car became dislodged from the vertical section of a rock foundation. He claimed that the force and vibrations of the heavy-duty excavating machinery caused the rock section approximately 15 to 20 feet above him to slide down and roll onto his right foot, crushing it.

INJURIES/DAMAGES:
Crush Injury, Foot; Necrosis


$275,000 Recovered for Apartment Tenant

Case:
Helene Kolotkin v. Ciampa Bell LLC & Belshire Manor Property Owners Association, Inc.

Court: Supreme Court, Queens
Judge: Valerie Brathwaite Nelson
Index #: 7010/2012
Date: February 26, 2016

Attorney
Pat James Crispi, Keogh Crispi P.C., New York, NY

Facts and Allegations
Helene Kolotkin is 65 years old. Helene lived alone at the Defendant's premises located at 1670 Bell Boulevard, Bayside, NY 11360.

Due to storm-related water damage that occurred in August 2011, the entire interior floor of Helene Kolotkin's apartment became warped, loose; unsecured, and buckled. The interior wooden floor was comprised of a 6" x 6" parquet design.

It was alleged that because Helene suffered from Multiple Sclerosis her vulnerability to falling was made that much more probable. Specifically, it is well recognized within the established medical community that the more common chronic symptoms associated with multiple sclerosis are gate and balance disturbances and spasticity

In a written communication on September 12, 2011, Helene Kolotkin informed building management of the hazardous nature of the defective floor.

Prior to her accident of December 13, 2011, Helene had been under the care of a neurosurgeon due to difficulties diagnosed in the region of her cervical spine. Her treating neurosurgeon uncovered the fact that her fall on December 13, 2011, had produced fractured vertebras.

Injuries/Damages


Recovered for a 40-Year-Old Carpenter

The financial recovery was obtained as part of a confidential settlement. The Plaintiff resides with his wife and three children, ages 9 (twins) and 11. His employment from 2006 to 2013 was as a Journeyman Union Form Carpenter working through a New York City Local.

On the date of the occurrence he was participating in the installation of framing; beams; and forms (approximately fifteen [15] feet up above ground level) for the purposes of constructing the first floor above ground level at a construction site in New York City. The collapse of the crane caused the toppling of multiple construction materials and objects and because each was working on an elevation, causing each to fall to the ground.

The Defendant committed violations of: New York State Labor Law §240(1); Labor Law §241(6); New York State Industrial Code §23-1.7(a)(1), §23-1.7(a)(2), §23-1.8; and of OSHA (Occupational Safety & Health Administration) regulations, each of which constituted a substantial producing factor in causing the accident.

Injuries


Senior Partner Obtains Jury Award of $2.2 Million for Client

Jury Verdict June 13, 2008
SUPREME COURT, BRONX COUNTY
ALEXANDER BEAUCHAMP v. UNION SQUARE NEWS Inc.
INDEX NO: 17619/2005
Judge Nelson S. Roman
Attorney for Plaintiff
PAT JAMES CRISPI, KEOGH CRISPI, P.C.

FACTS:
Plaintiff ALEXANDER BEAUCHAMP; single male; age 35; not employed; no children

The defendant operated and maintained a convenience store at 100 W. 14th Street, New York, NY. At the time of the incident the plaintiff, ALEXANDER BEAUCHAMP, a customer, fell into an opening in the floor created by an open trap door. The opening, which led to a storage area in the basement, was normally covered by the trap door. The Plaintiff did not see the opening before the accident. An employee of defendant had previously opened the door in the normal course of his employment duties, in order to permit entry by a Con Ed utility person. The Con Ed utility person had exited the basement and the store before the plaintiff entered. However the store employee neglected to close the trap door thereby leaving the opening exposed to the general public.

Plaintiff's cause of action for negligence against defendant alleged that: the premises were not reasonably safe; that defendant was negligent in not keeping the premises in a reasonably safe condition; and that defendant's negligence in allowing the unsafe condition to exist was a substantial factor in causing plaintiff's injury.

Defendant contended that the Plaintiff was negligent in failing to observe the opening in the floor and that his negligent constituted the sole cause of the accident

INJURY DESCRIPTION:
Lateral proximal tibial fracture with a meniscus tear;
Left knee arthroscopic repair of lateral meniscus tear
Complete anterior cruciate ligament tear; left knee
Surgical anterior cruciate ligament reconstruction with bone-tendon-bone allograft, in order to stabilize Plaintiffs left knee and also protect the meniscus repair
OCD on the lateral talus, left lower extremity, left lower extremity;
Fractured talus

VERDICT BREAKDOWN:
$850,000 past pain & suffering;
$850,000 future pain & suffering;
$500,000 medical expenses


$2 Million for Mother and Son Injured as Pedestrians

Leg fractures

New York State Supreme Court Bronx County
Adrian Salva, and Lisa Betances against Mellon Construction & Roy Sylvain

Settled during trial

Adrian Salva age 12;
Lisa Betances age 32

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

The accident in question occurred on Houston Street 100 New York, New York. Defendant Roy Sylvain while operating his vehicle struck both plaintiffs who were crossing the roadway.

The settlement was achieved after seven days of trial.

INJURY DESCRIPTION:
Adrian Salva Fracture of the tibia and fibula with compartment syndrome ($1 million)
Lisa Betances Fracture of the femur (thigh) bones ($1 million)


One Million

Recovered for a 26-Year-Old Carpenter

The financial recovery was obtained as part of a confidential settlement. The Plaintiff is 26 years of age. He is single and resides in an apartment in Bronx, New York. He was a journeyman Rough Construction Carpenter in the employ through a New York Local #157.

On the date of the occurrence he was participating in the installation of framing; beams; and forms (approximately fifteen [15] feet up above ground level) for the purposes of constructing the first floor above ground level at a construction site in New York City. The collapse of the crane caused the toppling of multiple construction materials and objects and; because each was working on an elevation, causing each to fall to the ground.

The Defendant committed violations of: New York State Labor Law §240(1); Labor Law §241(6); New York State Industrial Code §23-1.7(a)(1), §23-1.7(a)(2), §23-1.8; and of OSHA (Occupational Safety & Health Administration) regulations, each of which constituted a substantial producing factor in causing the accident.

Injuries


One Million

Recovered for a 44-Year-Old Laborer

The financial recovery was obtained as part of a confidential settlement. The Plaintiff 44 years of age, was born in the Dominican Republic. He immigrated to the United States in 1997. He is married and resides with his wife and two children, ages 16 and 11. He was in the employ as a Concrete Laborer working through Laborers Local NY.

On the date of the occurrence he was participating in the installation of framing; beams; and forms (approximately fifteen [15] feet up above ground level) for the purposes of constructing the first floor above ground level at a construction site in New York City. The collapse of the crane caused the toppling of multiple construction materials and objects and; because each was working on an elevation, causing each to fall to the ground.

The Defendant committed violations of: New York State Labor Law §240(1); Labor Law §241(6); New York State Industrial Code §23-1.7(a)(1), §23-1.7(a)(2), §23-1.8; and of OSHA (Occupational Safety & Health Administration) regulations, each of which constituted a substantial producing factor in causing the accident.

Injuries


One Million

Worker suffers fractures of his right arm after a fall
Supreme Court, Bronx County
March 14, 2011
Plaintiff s Attorney
Pat James Crispi, KEOGH CRISPI P.C., New York, NY

Palwinder Singh was 46 years old and married with two children. On June 26, 2008, he was the victim an accident, when employed at the renovation of a six -story residential apartment building located in Bronx, New York. Mr. Singh was performing brick pointing work while standing on a manual two-point suspended metal scaffold suspended at the third or fourth floor level of the rear exterior wall of the building. When he climbed back up the exterior fire escape in order to continue his work, the Plaintiff-Respondent grabbed the scaffold suspension ropes; and placed his right foot down onto the scaffold platform. At this point the scaffold moved perpendicularly away from the building causing him to fall more than thirty30 o the ground and resulting in multiple fractures to his right arm that required surgical repair.

The case was settled before a mediator while awaiting trial, but only after the Law Firm of KEOGH CRISPI, forced the hand of the defendants by obtaining a ruling from the Court that the defendants were 100 percent responsible for the accident.


$1.3 Million Dollars for Carpenter Who Suffered a Fractured Heel Bone

Supreme Court, Queens County
Index #: 18265/07
Judge Hon. Frederick D. R. Sampson
Thomas Fallon & Patricia Fallon v. James V. Zizzi Contracting Corporation

ACCIDENT:
On June 15, 2007, the scaffold Thomas Fallon was standing on broke apart and collapsed, causing him to fall to the floor directly below him. The Plaintiff was employed in the capacity of a Carpenter. He was employed on the construction site for a single family home at 535 & 553 Flying Point Road, Water Mill, NY 11976-3416, in the course of his employment with American Interiors Inc. Defendant, JAMES V. ZIZZI CONTRACTING CORPORATION was the General Contractor on the job.

INJURY DESCRIPTION:
Comminuted posterior calcaneal fracture with loss of calcaneal height extending to the subtalar joint space, left lower extremity; Fracture of the cuboid bone, left lower extremity Open reduction internal fixation of left lower extremity, secondary to multiple fractures.


$1.2 Million Dollars for Adult Daughter

GINA JIMENEZ, as Administratrix of the, Estate of FRANCISCO JIMENEZ v. PREMIER CONTRACTING OF NEW YORK, INC., TRIUMPH CONSTRUCTION CORP., CUZJACK CONSTRUCTION CORP. & RAYMOND REYES

Supreme Court, Bronx County,
Index #: 302593/08
Date: January 31, 2012

On January 28, 2008 Francisco Jimenez was fatally injured when he was run over by a dump truck owned and operated by the two of the defendants. The fatal accident occurred on the commercial property that was owned and operated by the other defendant.

The injuries documented, in the "Report of Autopsy" revealed that no head trauma occurred. The entire contents of the decedent's thoracic cavity were extruded through a fifteen (15) inch hole in the decedent's left thigh. In addition the decedent suffered multiple fractures.

The recovery was awarded to Francisco Jimenez's, daughter age 27


$1.137 Million Verdict for Negligent Security

Trevor Daly v. Gristedes Bros. Food
Supreme Court Bronx County
Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

Trevor Daly, who at the time was homeless, sustained a fractured arm and abdominal injuries due to the negligent use of excessive force by the Supermarket employed security guard.

The jury awarded verdict of $1.137 million in the case tried by Pat James Crispi.


For Carpenter Struck With Plywood, JACKSON v. 1240 FIRST AVENUE LLC et al
Supreme Court, New York County
Index No: 103820/09

On November 9th, 2007, Cleophus Jackson while employed at the construction project of a new residential high rise apartment building, located at 1240 First Avenue (aka 400 E. 67th Street), New York, NY, was struck by section of plywood that fell from the floor above. The section of plywood fell when another worker was working (trimming the deck) on the floor above. Cleophus Jackson is presently 39 years old, married and resides with his wife. His. He was employed as a Union Carpenter.

Injuries:
Labral tear, left shoulder;
Two (2) Surgical left shoulder arthroscopy procedures


$1 Million Recovered for Injured Bricklayer Who Injured His Shoulder.

THOMASBARBARINO; Brick Layer; married; two children; age 58

$1,000,000 with waiver of $275,433.60 Worker's Compensation Lien,.

On February 5, 2005, Plaintiff, THOMAS BARBARINO, was employed as a bricklayer by, at Construction Project for the defendant, THE STOP & SHOP SUPERMARKET COMPANY located at 2754 Hylan Boulevard, Staten Island, NY 10314. At the time of the accident the Plaintiff was working on an erected scaffold at location that was below the level of the roof of the unfinished building at the Construction Project. Plaintiff, THOMAS BARBARINO was struck on the head and shoulder by a cement block that blew off of; and fell down from, the roof of the unfinished building that was under construction. The concrete block that fell down off of the roof was one of the blocks that had been delivered to the construction project and used by the bricklayers to construct the building. The cement block that fell down upon Plaintiff, THOMAS BARBARINO, had been placed on a blue tarp that was on the roof of the unfinished building under construction. At a approximately 2:30 pm, a gust of wind blew the blue tarp upwards off of the roof, sending the cement block into the air; off of the roof; and down onto the Plaintiff, THOMAS BARBARINO.

Plaintiff, Thomas Barbarino, claimed liability against the defendants pursuant to New York Labor Law §240(1); and New York Labor Law 200(1)


Recovery for Carpenter

Case:
ERROL JOSEPH v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, TISHMAN/TURNER, JV et al
Court: Supreme Court, New York County
Judge: Ellen M Coin
Index #: 155673/2012

Date: December 1, 2015

Attorney: Pat James Crispi, Keogh Crispi P.C., New York, NY

Facts and Allegations

On the morning of April 2, 2012, Errol Joseph was walking through a passageway within the construction site, while employed as a union carpenter, when he suffered severe permanent injuries to his left knee. He was caused to slip and fall on plywood that was dangerously placed on a collection of water, mud and debris.

The job site was located at WTC Transportation Hub, 254 level area #3 New York, NY

Injuries/Damages

Settlement Breakdown:
Recovery for the Daughters of Man Killed in a Construction Site.

AGUSTR.CORSIVO v. M&S HOTELS, LLC, et al
Supreme Court, Erie County
Index Number: 831/2008

On October 3, 2007, at approximately 11:40 am, August R. Corsivo fell to his death from the third floor of a Holiday Inn Express under construction in Niagara Falls, New York. He was working as the de facto project superintendent. The platform he was standing on collapsed down onto the top of the first floor ceiling and he fell with the platform, bouncing off the cement section and falling an additional one story to the ground level. Mr. Corsivo suffered massive head trauma. He was loaded into an ambulance with only a faint pulse. On the way to the hospital that pulse was lost and he was declared dead at Niagara Falls Memorial Hospital at 12:10 p.m. August R. Corsivo was 53 years old at the time of his death. He was the father of two daughters. After extensive litigation and obtaining a ruling by the Court of 100 percent liability on the part of the defendant, a monetary settlement for Mr. Corsivo's daughters was procured.


$750,000 Laborer Suffered Ankle Fracture From Platform Fall

CASE:
JOHN GREEN v. EAST COAST 7 LLC, et ano,
Supreme Court, New York County
Index No: 103453/07
June 25, 2009

ATTORNEY:
Pat James Crispi, Keogh Crispi, P.C., New York, NY

FACTS:
On February 1, 2007, plaintiff John Green, 49, a laborer, was working at a construction site for premises located at "EAST COAST LONG ISLAND CITY. He was caused to become injured, when he fell from an unguarded and unprotected elevation causing him to descend and fall a distance of approximately 20 feet below without adequate protection. The Law Firm of Keogh Crispi, PC alleged the contractor violated the labor law.

The Law Firm of Keogh Crispi, PC claimed that Green was required to work in an area of an unfinished platform, which was unguarded. As a result, he fell off of the edge while operating a concrete chipping device. He alleged that the ninth (9th) floor platform was raised about twenty feet above the lower floor. The Law Firm of Keogh Crispi, PC claimed that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the Plaintiff was not provided the proper, safe equipment that is a requirement of the statute.

INJURIES/DAMAGES:
Transverse fracture of the distal shaft of the right fibula



Case:
ELMIR MARKOVIC and EMRU MARKOVIC, infants
v.
224TH STREET APARTMENTS LIMITED LIABILITY COMPANY & FRIEDMAN MANAGEMENT CORP.

Court: Supreme Court, Bronx County
Judge: Larry S. Schachner
Index #: 350366/11
Date: May 3, 2016

Attorney
Pat James Crispi, Keogh Crispi P.C., New York, NY

Facts & Allegations
Infant Plaintiff ELIMIR MARKOVIC was born on December 27, 2009.
Infant Plaintiff EMRU MARKOVIC was born on September 29, 2008.

The infant Plaintiffs, became exposed to; and poisoned by the lead-contaminated dust while walking, playing, and crawling on and among the floors and walls within the Basement Apartment, 3950 Bronx Boulevard, Bronx, NY 10466, where the lead contaminated dust accumulated.

The lead contaminated dust entered the bodies of the infant Plaintiffs, ELIMIR MARKOVIC and EMRU MARKOVIC, through hand-to-mouth activity. The hand-to-mouth activity included; putting hands into the mouth after playing and crawling on the floor where the lead contaminated dust accumulated; putting hands in the mouth after having hand contact with walls where the lead contaminated dust accumulated; putting toys and pacifiers that had fallen on the floor into the mouth.

In addition, the lead-contaminated dust entered the bodies of the infant Plaintiffs, through inhalation of the lead-contaminated dust that was dislodged from deteriorating paint on the surfaces including, but not limited to, points of contact such as the door frames located within the apartment.

The severities of the inhalation; and the severity of the ingestion, were exacerbated by the fact that lead makes things taste sweet, so that the Plaintiffs were by nature attracted to lead paint chips and especially to lead dust.

The primary physician at the Pediatrics unit of Metropolitan Hospital Center, New York, NY recorded the following blood lead levels:

ELMIR MARKOVICEMRU MARKOVIC
Jan 11, 201l1 Bloodlead level 7Jan 11, 201l1 Bloodlead level 4
March 30, 201l1 Bloodlead level 21Apr 4, 201l1 Bloodlead level 11
May 27, 201l1 Bloodlead level 10May 27, 201l1 Bloodlead level 8
Aug 26, 201l1 Bloodlead level 8Aug 26, 2011 Blood lead level 21

On March 30, 2011, ALC Environmental (an independent entity) reported to the Defendants that Seventeen (17) dust wipe samples were collected from the Plaintiffs' apartment and analyzed. Nine (9) samples failed to achieve the referenced clearance standards for lead in dust. Samples indicating violations were obtained from: two separate bedrooms; the living room; the kitchen; the bathroom; and the hallway.

On April 6, 2011, The NYC Dept. of Health reported to the Defendants that thirteen (13) dust wipe samples were collected from the Plaintiffs' apartment and analyzed. Five ( 5) samples tested positive for violations of the standards for lead in dust.

On April 25, 2011, ALC Environmental (an independent entity), reported to the Defendants that ten (10) dust wipe samples that were collected from the Plaintiffs' apartment and analyzed. Two (2) samples failed to achieve the referenced clearance standards for lead in dust.

On August 31, 2011, The NYC Dept. of Health reported to the Defendants that XRF testing revealed a positive reading for violations of the standards for lead hazards.

The poisonous condition was created by the Defendants through their neglect of Actual and Constructive Notice of the illegal, hazardous, poisonous, toxic and degenerating lead paint condition, which was imposed upon the Defendants by virtue of NYC Code § 27-2056.5.

Result:
Case settled subsequent to Filing of a Note of Issue through Private Mediation

Settlement Breakdown:
Gross amount of settlement: SIX HUNDRED THOUSAND % ($600,000.00) DOLLARS

Elmir Markovic, infant: $287,500.00;
Mother and Natural Guardian: $25,000.00

Record for Woman Trapped in an Elevator and Injured

Due to improper rescue for injury that required multiple knee surgeries

Owens v. Stevenson Commons, et al, Supreme Court, Bronx County, Index No: 14294/05

Judge Stanley Green
Date September 20, 2010

Plaintiff' s Attorney
Pat James Crispi, KEOGH CRISPI P.C., New York, NY

On July 7, 2004, at approximately 12 noon, Plaintiff, Robin R. Owens (Age 57), became trapped as a passenger in one of the elevators (between the 9th and 10th floors) of the apartment building, located at 755 White Plains Road, Bronx, NY 10473. After being trapped inside the elevator car for approximately 25 minutes, Ms. Owens was able to make contact with building security (via her cell phone) and informed them of her predicament. Two security guards were dispatched to the scene of the elevator malfunction.

Upon arrival the security guards directed Robin to be seated and lower her head in order to clear the top portion of the exposed opening into the elevator shaft. The security guards next advised the plaintiff that they would be pulling her outward from the cab in order to avoid all three of them falling into the exposed elevator shaft. In doing so, one of the Security employees wedged the elevator door open with his foot, while they each grabbed the plaintiff by the arms, and pulled her out and down causing her to fall onto the hallway floor and become injured.

Ms. Owens underwent three (3) Arthroscopic Surgeries for her right knee on:

April 8, 2005
November 2006,
May 15 2008

The case settled on the date of Jury Selection, but only after the Law Firm Of Keogh Crispi, forced the hand of the defendants by obtaining four ( 4) hours of videotaped trial testimony from Steven F. Harwin, MD, who was the surgeon who treated Ms. Owens.


$500,000.00 Settlement for Construction Laborer

New York State Supreme Court Queens County
PADRAIG KEEGAN and KATE KEEGAN against COLUMBUS CENTRE, LLC. and BOVIS LEND LEASE, LMB, INC.,
Index No: 25562/02

Settlement: $500,000.00

PADR KEEGAN age 43; construction laborer; married with one child

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

FACTS:
The incident occurred on March 14, 2002, at approximately 8:30 am at the Construction site of the premises known as 10 Columbus Circle, New York, New York. Defendant COLUMBUS CENTRE, LLC, owned the premises under construction. The construction manager for the project was defendant, BOVIS LEND LEASE, LMB, IN. Plaintiff, PADRAIG KEEGAN was present on the construction site in the course of his employment with SORBARA CONSTRUCTION. His job title was "Laborer.". PADRAI KEEGAN, lost his balance and fell down a series of steps on a temporary stairway. At the time of the incident, plaintiff, PADRAI KEEGAN, was in the process of transporting construction materials from one location within the construction site to another location. Mr. Keegan had been instructed to carry crates of steel "doughnuts" which weighed a minimum of 60 lbs., and was required to utilize the temporary stairs. The temporary stairway was exposed to the exterior elements and climate conditions. The plaintiff, PADRAIG KEEGAN was caused to fall as the result of a vertical passageway/stairway, which was in a cluttered and slippery condition due to the presence of excessive amounts of construction debris including grease and oil in direct violation of the Industrial Code of the state of New York NYCRR § 23-1.7(d) (e)(1) (2). In addition the passageway/stairway which was not equipped with safety railings in direct violation of the Industrial Code of the state of New York NYCRR § 23-2.7(e); and NYCRR § 23-1.15; there by constituting a cause of action pursuant to Labor Law § 241 (6).

INJURY DESCRIPTION:
The physical injuries sustained by PADRAIG KEEGAN, are as follows: Herniated nucleus pulposus, L4-L5 Herniated nucleus pulposus, L5-S1; Internal disc derangement with a structural diagnosis of herniated disc at L4-L5; Internal disc derangement, with a structural diagnosis of herniated disc at L5-S1; Left L5 nerve root impingement Left lumbar radiculopathy


Construction Laborer: Bilateral Shoulder, Labral Tears

Case:
JAGJIT SINGH v. VILLAGE OF HEMPSTEAD HOUSING AUTHORITY
Court: Supreme Court, Nassau County
Judge: Karen V. Murphy
Index #: 151558/2013
Date: April 15, 2015

Facts and Allegations
On November 18, 2011, Jagjit Singh was employed for the purposes of erecting an exterior scaffold that was to be used in connection with the renovation of the apartment complex owned and operated by the Defendant, VILLAGE OF HEMPSTEAD HOUSING AUTHORITY located at 20 Totten St., Hempstead, New York 11550. Jagjit Singh was injured at approximately 4:30 pm when improperly secured metal component parts of the unassembled scaffolding toppled and fell from a distance of many stories above and striking him in the head; upper back; and shoulders. The metal component parts that fell and struck Jagjit Singh from above had been hoisted to the elevated location from the ground level. The placement of these component parts occurred within a process of both hoisting and then securing them (through assembly).


Dorothy M. Keogh, Esq., Senior Partner obtains $395,000.00 for client who injures her arm in a motor vehicle tractor/trailer highway collision. 100 percent liability against tractor -trailer operator.

Supreme Court Bronx County
Jocelyn Agramonte v. Donald Marvin and Humberto S. Espinal
Index #; 14818/02
Judge Norma Ruiz

VERDICT $395,000.00
Attorney for Plaintiff
Dorothy M. Keogh, Esq., KEOGH CRISPI, P.C.

FACTS:
Plaintiff, JOCELYN AGRAMONTE; Female; Receptionist; single; one child; age 31

On November 12, 2001, at approximately 8:25 pm on Southbound Interstate 87, at or near the Village of South Nyack, County of Rockland, State of New York Plaintiff JOCELYN AGRAMONTE, was a passenger in a vehicle owned and operated by Defendant HUMBERTO ESPINAL, when a collision occurred with a the tractor-trailer owned and operated by Defendant DONALD MARVIN. The accident, which occurred on the New York State Thruway, involved multiple collisions to the ESPINAL vehicle with the interior barrier/guardrail.

Plaintiff JOCELYN AGRAMONTE and defendant HUMBERTO ESPINAL contended that the tractor-trailer struck the motor vehicle in the rear causing it to go out of control and collide with the interior guardrail and concrete barrier of the New York State thruway.

Defendant DONALD MARVIN contended that the ESPINAL vehicle first collided an unidentified vehicle that fled the scene then collided with interior guardrail and concrete barrier and subsequently went out of control and into the path of the tractor- trailer resulting in contact.

INJURY DESCRIPTION:
Right Humerus Fracture;
Treated with the application of two successive splints.
Physical therapy, for approximately five months.

VERDICT BREAKDOWN:
$75,000, Past Pain and Suffering;
$320,000 Future Pain and suffering


$300,000 for Construction Laborer

Micro Fracture right calcaneus (heel bone)

New York State Supreme Court Queens County
Boland v. MD. Carlisle Construction Corp.
Index No: 14104/03

Settlement $300,000.00

SEANLAND age 38; construction laborer; married no children

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

The accident in question occurred at the construction site of the premises known as Morton Square, located at 100 Morton Street, New York, New York. Defendant WASHINGTON STREET ASSOCIATES, LLC, owned the premises under construction. The construction manager for the project was defendant, M.D. CARLISLE CONSTRUCTION CORP. SEAN BOLAND was present on the construction site at in the course of his employment. His job title was "Laborer.".

At approximately 10:00 plaintiff, SEAN BOLAND, was caused to fall due to the breaking and collapse of one of the 3 inch by 4 inch pieces of wood upon which Sean Boland was standing.

The Plaintiff, SEAN BOLAND was awarded summary judgment on the issue of liability by order of the Honorable Duane A. Hart Supreme Court Queens County.

INJURY DESCRIPTION:
Micro Fracture right calcaneus (heel bone)


Female, 41, with Neck Injury

Nancy Gruber -vs- Travelers Insurance Company
American Arbitration Association
120 Broadway 11th Floor,
New York, NY 10271

Attorney

Pat James Crispi, Keogh Crispi P.C., New York, NY

Nancy Gruber was 41 years old. On March 12, 2015, she was operating a mother vehicle and was stopped at a stop sign when her vehicle was struck from behind. The incident occurred in Lares, Puerto Rico. Ms. Gruber was operating a rented vehicle at the time. The vehicle was insured under her husband's insurance policy. A claim was brought under the Supplemental/Uninsured Motorist (SUM) provision of the insurance policy covering the vehicle that she was operating at the time of the accident.

Ms. Gruber alleged lack of ordinary care by the offending driver who struck her vehicle from behind.

INJURIES

Cervical Disc Herniation, C3•C4
Cervical Radiculopathy


$250,000 Recovered For 85 -Year -Old Man

Case: Albert Marotta v. Jason Fernandez
Court: Supreme Court, Bronx County
Judge: Not Applicable Settled Pre-Note
Index #: 23854/2015E
Date: January 20, 2016

Attorney(s) Pat James Crispi, Keogh Crispi P.C., New York, NY

Facts and Allegations
On the morning of July 1, 2015, Albert Marotta was walking on the sidewalk adjacent to 3260 Ampere Avenue, County of Bronx, State of New York, when the defendant backed into him with his automobile while he attempting to back out of his driveway.

Plaintiff alleged that the Defendant was negligent in failing to keep a proper lookout and in failing to use reasonable care, caution and prudence while operating his motor vehicle.

Injuries/Damages
Left Intertrochanteric Hip Fracture;
Surgical repair Left Intertrochanteric Hip Fracture in the form of Open Reduction Internal Fixation;


$250,000 for Ankle Fracture Fall on Curb

ANA SELENIA CUEVAS v. OLMSTEAD CONDOMINIUM
Supreme Court, New York County

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

The accident occurred on the exterior grounds of a multiple unit private condominium complex located at 382 Central Park West in the borough of Manhattan.

Mrs. Cuevas was present at the premises in conjunction with her employment as a home health aide for NEW YORK FOUNDATION FOR SENIOR CITIZENS, INC. Her client was a resident of the condominium complex.

As Ms. Cuevas attempted to step from the sidewalk, she lost her footing and fell to the ground due the presence of a defect in the curb of the sidewalk.

The Plaintiff suffered a Left ankle fracture dislocation.

ANA SELENIA CUEVAS was 53-years-old.

The settlement was achieved after Jury selection.


$250,000 for Ankle Fracture Fall on Stairway

RICHARDSON v. VILLACON REALTY CORP
Supreme Court, New York County
Index No: 105201/06

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

On November 29, 2005, at approximately 11:15AM, plaintiff RICHARDSON fell and fractured his ankle when he slipped and lost his balance while descending a stairway. The stairway in question led from the street level to the basement level at the building owned by the defendant, located at 163 West 48th Street, New York, NY 10036.

The Plaintiff suffered an ankle fracture dislocation.

LOGAN RICHARDSON was 26 years old.

The settlement was achieved after prior to Jury selection.


$225,000 for Security Guard Who Suffers Wrist Fracture

MICHAEL AJARI v. KIEWIT/TULLY, JV
Supreme Court, Bronx County
Index No: 7797/07
June 29, 2009

Attorney:
Pat James Crispi, Keogh Crispi, P.C., New York, NY

On November 24, 2006, plaintiff Michael Ajari, 64, a Security Guard, was working at a construction site for premises 145th Street Bridge, which crosses the Harlem River connecting Bronx to Manhattan New York. The plaintiff was in the course of his employment as a Security Guard guarding a passageway within the construction site when a broken, damaged and defective gatepost portion of a chain link fence collapsed and fell onto his body. He alleged the contractor violated the labor law §200.

Keogh Crispi brought suit claiming that Ajari, was required to attend to and guard an entrance to the construction site that was enclosed by a 20 -foot high chain link construction fence that was installed for such purpose. It was alleged that the fence post in the area of the entrance was subjected to repeated damage to the large trucks that passed through to deliver construction material and equipment. While standing in the vicinity of the fence it gave way due to a break in the post and toppled onto him. Keogh Crispi, established that the incident stemmed from a codification of the common law duties of reasonable care as required by a general contractor that retains and exerts control over the activity and related instrumentalities, as defined by Labor Law § 200, and that the defendant had constructive notice of the longstanding condition of disrepair.

Injuries:
Fracture of the carpal Scaphoid, left wrist


Construction Laborer: Left Shoulder Labral Tear; Left Shoulder Tendon Tear; Arthroscopy

Case:
SURINDER SINGH v. METROPOLITAN TRANSIT AUTHORITY
Court: Supreme Court, Kings County
Index #: 501117/2014
Date: October 26, 2015

Facts and Allegations

On February 15, 2013, at approximately 9:30, Surinder Singh was employed as a laborer with SUPER EAGLE CONTRACTING, INC. at the MTA Flatbush Depot located at, 4901 Fillmore Avenue, Brooklyn, NY 11234 in area of the roof.

4901 Fillmore Avenue is a one-story brick building approximately 25 feet high. The nature of the job consisted of an exterior building renovation. It involved brick replacement; brick pointing; and brick grinding.

Surinder Singh was injured when he lost his balance and fell due to the longstanding presence of a dangerous and hazardous defect, located on the surface of the roof of the building. The hazardous condition took the form of the roof surface that was comprised of loose unstable gravel and was therefore unstable for walking; it constituted both a tripping hazard and a slipping hazard.

Injuries/Damages

Left Shoulder, Labral Tear; Tendon Tear (arthroscopic surgery)

The Plaintiff was out of work from the date of the occurrence to present.

Settlement Breakdown:

TWO 5,000.00 behalf of the Defendant


Construction Laborer: Fractured base of left first metatarsal through the interphalangeal joint;

Case:
WALDO J. ESPINOZA
Date: February 11, 2016

Attorney:
Pat James Crispi, Keogh Crispi, New York, NY

Facts

Waldo J. Espinoza is presently 44 years old. On August 13, 2010, at approximately 12:00 p.m., he became injured in the course of his employment as a laborer while working within the interior of the construction/renovation of premises located on East 138th Street, Bronx, NY.

Mr. Espinoza suffered injuries when he slipped and fell due to an excessive amount of rivets that where haphazardly scattered throughout the surface of the work area and passageway of the project.

Injuries/Damages

Fractured base of left first metatarsal through the interphalangeal joint;

Settlement Breakdown:

TWO 5,000.00 TW0,000.00covered for woman who suffered a fracture of the left first metatarsal

Case:
DRAGOMIRA ZHECHEVA v. GEORGE B. HOLMAN & CO., INCORPORATED, INC.
Supreme Court, New York County,
Index #: 109161/10
Date: April 19, 2012

On June 24, 2010, Dragomira Zhecheva (age 32) was injured when she was struck on the left foot by a metal object that had been placed and left unattended, against the framing of sidewalk scaffolding on the public sidewalk, in the vicinity of the entrance to 120 Warren Street, New York, NY.

Ms. Zhecheva underwent surgery at New York Downtown Hospital on July 7, 2010, for treatment of her injury.


$175,000.00 79 -Year -Old Woman Who Suffered Fractures.

CSE:

BYUNG -JA KIM v. ANDREW J. HORAN & KERRY ANN HORAN
Supreme Court, Westchester County
Index #: 6149/10
Date of Settlement: January 11, 2013

FACTS:

On November 6, 2009, BYUNG -JA KIM (age 77) was walking in the parking area of the residential parking complex located at 65 Bari Manor Croton-on-Hudson, New York. A vehicle that was backing out of a parking space knocked her down. The vehicle was owned by Andrew J. Horan and was being operated by his daughter & Kerry Ann Horan.

Ms Kim was hospitalized for approximately 10 days and was treated with bed rest. No surgery was performed.

Recovery for man who suffered a re-fracture of the left patella

Case:
JEAN INNOCENT v. JFK INTERNATIONAL AIR TERMINAL LLC
Supreme Court, Kings County
Index #: 30993/07
Date: May 4, 2012

On June 24, 2010 INNOCENT (age 36) was re-injured when he slipped and fell due to a collection of rainwater on the surface of the baggage area of Terminal 4, Belt 6-A at JFK International Airport. The condition that caused the accident was due to a failure to close the available doorways and access openings, while the area was not in use, thereby exposing the area to the elements of inclement weather.

Mr. Innocent underwent surgery for treatment of his injury.


$175,000 for Wrist Fracture Fall On Dance Floor

Cucurullo v. Lincoln Center v. Stageright, et al
New York State Supreme Court New York County
Index No: 120115/03

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

The accident in question occurred at the "MIDSUMMER NIGHT SWING" event, Lincoln Center, 140 West 65th Street New York, New York 10023. Defendant, LINCOLN CENTER FOR THE PERFORMING ARTS, INC, owned the premises and operated event. The plaintiff, DONNA CUCURULLO, was attending the event as an invited guest of a ticket holder. She fell and became injured, due to a defect on the exterior dance floor that was erected for the purposes of this event.

The Plaintiff suffered a Fracture involving the Distal Radius and Ulnar Styloid Process of the left wrist.

DONNA CUCURULLO was 50 years old.

The settlement was achieved after during a pre-trial meditation.


Recovery for man who suffered a laceration of the small finger

Case:
BOBBY EDWARDS v. ACADIA-P/A 161st STREET LLC
Supreme Court, Bronx County
Index #: 303171-07
Date: May 10, 2012

On April 27, 2007, at approximately 3:15 pm, the Plaintiff, Bobby Edwards (age 47) was in the fifth floor, me's bathroom located at 260 E. 161st Street, Bronx, NY. After washing his hands, and as he reached up into the broken metal towel dispenser located on the bathroom wall, his right hand came into contact with the jagged edge. Within less than one second, as Mr. Edwards stepped towards bathroom exit, he observed that blood that was gushing from his right hand. The paper towel that he removed from up and under the broken dispenser had his blood all over it. The blood was coming from a wound on his right hand. The wound on his right hand was located where it made contact with the jagged edge of the broken metal towel dispenser.

Mr. Edwards underwent surgery in the form of Stage II Flexor Tendon Reconstruction, Right Little Finger at Montefiore Medical Center for treatment of his injury.


Recovery for woman who suffered a torn meniscus of the left knee

Case:
CHRISLENNY SIERRA v. TERI FASHION INC.
Supreme Court, Bronx County,
Index #: 305856/10
Date: April 30, 2012

On April 4, 2010 Chrislenny Sierra (age 28) was injured when she fell into an opening in the floor created by an open trap door at the clothing store owned and operated by the defendant located at 91 West Kingsbridge Road, Bronx, NY 10468

Ms. Chrislenny Sierra underwent surgery on December 21, 2011, for treatment of her injury.


$100,000 for Non-Displaced Wrist Fracture Pedestrian

OKPONOBI v. DYAM TRANSPORT INC.
Supreme Court, Bronx County
Index No: 17085/07

Plaintiff's Attorney
Pat James Crispi, KEOGH CRISPI, P.C.

The plaintiff IMANI OKPONOBI, an 11-year-old-girl, was as a pedestrian in a motor vehicle accident on March 21, 2007, at approximately 7:45am. The accident occurred at the intersection of Clinton Avenue and Willoughby Street, in Brooklyn, New York.

She was diagnosed with having sustained a non-displaced fracture of the left radius. The plaintiff IMANI OKPONOBI was treated in the emergency room with the application of a fiberglass cast that remained for approximately five weeks. Following the emergency room a treating orthopedic surgeon provided follow-up care. The plaintiff IMANI OKPONOBI does not have any complaints, and has made full and complete recovery from the injury to her left wrist.

The Plaintiff suffered a non-displaced fracture of the left radius (wrist).

IMANI OKPONOBI, was 11 years old.

The settlement was achieved only nine months after the accident.