MOTOR VEHICLE ACCIDENT $8,300,000 · projects, particularly in the area of immunotherapy for a...

Partner Bryce Moses obtained a $5,500,000 verdictfor our client who was exiting the Staten IslandExpressway when her motor vehicle was struck by aCon Edison van. As a result of the impact, the leftside of her face hit the steering wheel, her necktwisted, and she felt immediate pain in her neckwhich caused a herniated disk requiring fusionsurgery with plate and screws. Through the effortsof WRSH partner Ken Halperin, prior to trial weobtained Summary Judgment on the issue of liabilitywhich resulted in added interest in excess of$2,000,000.

Despite being foundresponsible for the accident,Con Edison refused tosettle the case and took a“no pay” position at trial. Con Edison had twolawyers and three Con Edison investigators assistingtheir lawyers throughout the damages trial.

Con Edison argued at trial that despite her neckpain, our client neither went to the hospital nor sawany doctors on the day of her accident. Con Edisonemphasized that rather than see a doctor, our client

MOTOR VEHICLE ACCIDENT

$8,300,000 JUDGMENT FOLLOWING JURY TRIAL

WWW.WRSHLAW.COM | 212.986.7353 | [email protected]

WINGATE, RUSSOTTI, SHAPIRO HALPERIN, LLP

2018 NEWSLETTER

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WWW.WRSHLAW.COM | 212.986.7353 | [email protected] | 212.986.7353 | [email protected]

$18 Million VerdictConstruction Accident: Labor Law

$17.5 Million VerdictPolice Brutality: Police Shooting Victim

$16 Million RecoveryMedical Malpractice: Baby Brain Damage; 2 Cases

$12.085 Million RecoveryMedical Malpractice: Failure to Timely Deliver an Infant

$11.1 Million VerdictConstruction Accident: Traumatic Brain Damage

$10.7 Million VerdictPremises Liability: Injured in a Fall Down Flight of Stairs

$10.7 Million RecoveryMedical Malpractice: Delayed Treatment

$10.2 Million RecoveryMedical Malpractice: Infant Brain Damage

$10 Million RecoveryBirth Injury

$8.5 Million VerdictMedical Malpractice: Stroke Victim

$8.2 Million RecoveryConstruction Accident: Worker Paralyzed in Fall

$7.25 Million RecoveryConstruction Accident: Scaffold Defect

$6.6 Million RecoveryMedical Malpractice: Spinal Surgery

$6.2 Million RecoveryMedical Malpractice: Surgical Error

$6.15 Million RecoveryMedical Malpractice: Doctor Negligence

$6 Million RecoveryMedical Malpractice: Birth Injury: Brain Damage

$5.5 Million RecoveryMotor Vehicle Accident: Hit by Con Edison Van

$5 Million RecoveryConstruction Accident: Wrongful Death

$4.9 Million RecoveryMotor Accident: Pedestrian Injured

$4.75 Million RecoveryBrain Damaged Infant

$4.5 Million VerdictEmotional Injuries Caused by Baby’s Death

$4.5 Million RecoveryMedical Malpractice: Failure to Diagnose

$4.27 Million RecoveryConstruction Accident: Worker Paralyzed in Fall

$4.25 Million RecoveryMedical Malpractice: Medication Error

$4 Million RecoveryConstruction Accident: Brain Injury

$3.9 Million RecoveryObstetrical Malpractice:Birth Injury

$3.75 Million RecoveryConstruction Accident: Bricklayer Injury

$3.75 Million RecoveryMedical Malpractice: Disabled Twin

$3.5 Million RecoveryMotor Vehicle Accident: Run Over By Garbage Truck

BELOW IS A SAMPLING OF SOME OF THE CASES WE HAVE HANDLED:

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CHARITY EFFORTS

This past year WRSH, together with another law firm, hosted a cocktail party fundraiser for Memorial SloanKettering cancer research. The event was attended by approximately 100 people and we raised in excess of$150,000 for the research program run by Dr. Neil Rosen. Dr. Rosen explained the most current researchprojects, particularly in the area of immunotherapy for a number of different kinds of cancer and the successesthey have achieved. WRSH cancer survivor Phil emceed the event and paralegals Doreen Richardson, Oksana Tarasova andMonique Beatty spoke to the attendees and shared their experiences with fighting cancer and how important itwas to continue support for the research into a cure for cancer.

WRSH partner Frank Lombardo is extremely active in fundraising for children’s charitableorganizations. Frank is on the Executive Board of Directors of The New York SportsceneChildren’s Foundation, a 501 (c)(3) not-for-profit charity which helps to benefit and improve thelives of medically frail, terminally ill or socially disadvantaged children. Frank is also Special Legal Consultant to YES WE CARE, a not-for-profit charitableorganization designed to help improve the quality of life for our Veterans, children with cancer

or life threatening ailments, the homeless, and all of those who feel ‘forgotten.’Frank is also active with many other charities, too numerous to mention, where he raises money for children’smedical issues.

Doreen RichardsonBreast Cancer

Oksana TarasovaTonsillar Cancer

Phil RussottiProstate Cancer

Monique BeattyLung Cancer

WINGATE, RUSSOTTI, SHAPIRO & HALPERIN’S CANCER SURVIVORS HOSTFUNDRAISER FOR MEMORIAL SLOAN KETTERING WHICH RAISED $150,000

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left for Jamaica the next day on a family vacationfor two weeks. Although she testified that herneck was in pain the entire time she was away, shesaw a nurse at her hotel, and had an x-ray at alocal medical facility, none of these records couldbe located. Con Edison also argued our client wasnot injured as a result of this accident but due toa prior car accident.

In 2008, our client was involved in a car accidentin which her car spun around and was totaled. Asa result of that 2008 crash, our client lostconsciousness and complained of neck pain at thehospital where she had a CT scan of her cervicalspine. She came under the care of a doctor in2008 who noted that our client had neck pain anddiagnosed her with acute traumatic cervicalradiculitis. Con Edison argued that the 2008accident was the cause of her fusion surgery.

Bryce was able to demonstrate through his use ofour client’s 2008 medical records, MRI films, andher medical treatment from the 2010 accident,that Con Edison was responsible for our client’s

C5-6 disc herniation and the fusion surgerynecessary to repair it. Bryce showed the jury thatour client’s neck complaints in 2008 involved onlyher neck with no radiating pain down into herarms. However, a complaint of radiating pain in2010 indicated that the C5-6 disc was nowherniated and compressing the spinal nerve root.Without any complaint of radiating pain in 2008,our client’s spinal surgeon explained that ourclient did not suffer a herniated disc thatcompressed her spinal nerves at that time. Bryceargued that our client’s medical records from2010 where she complained of neck pain radiatinginto both arms indicated a herniation. This wasone of the most compelling pieces of medicalevidence that convinced the jury it was the ConEd accident that was responsible for our client’sinjuries.

The jury deliberated for only 20 minutes. Thejury unanimously awarded our client $1,500,000for her past pain and suffering and $4,000,000 forher future pain and suffering.

MOTOR VEHICLE ACCIDENT

$8,300,000 JUDGMENT FOLLOWING JURY TRIAL continues from cover

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WRSH is dedicated to the representation of individuals seriously injured as a result of negligence. WRSHhas the capacity, skills, resources and talent to successfully handle the most complex cases in every area ofpersonal injury practice including motor vehicle accidents involving automobiles, buses, trucks, and trains;premises liability involving stores, stairwells, public areas, residential and commercial owners and managers,and municipalities which own property; construction litigation involving all areas of the construction industryfrom laborers to crane operators and everything in between; medical malpractice including every type ofmedical specialty from obstetrics to neurosurgery; and product liability involving commercial products,workplace products and faulty medical devices. In addition to every attorney being capable of trying his/hercases, we handle our own appeals. We are a full service personal injury firm.

WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLPA FULL SERVICE PERSONAL INJURY FIRM

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SETTLEMENTS & VERDICTS


BUS ACCIDENT$2,430,000 VERDICT

Robert Bellinson obtained averdict in the amount of $2,430,000on behalf of a 25-year-old nursingstudent from the Bronx. Thewoman was driving her vehicle inthe Bronx when a New York CityTransit Authority bus struck hervehicle, causing a serious collision.As a result of the accident, ourclient suffered injuries to her lowerback, requiring laminectomysurgery. Prior to trial, Joseph

Stoduto won a decision from the Court that thedefendants were 100% responsible for thecollision.

The defendant took the position that our client’sdamages were minimal, and they refused to makea settlement offer. The defendant fiercelycontested the claimed injuries. At the conclusionof the trial, the jury awarded our client the totalsum of $2,430,000 for her damages. The verdictis on appeal.

AUTOMOBILE ACCIDENT$1,116,452 VERDICT

Frank J. Lombardo obtained averdict in the amount of $1,116,451 for a 37-year-old manwho was knocked down by a buswhile crossing a street. Plaintiff, aLocal 1 Stage Hand, was

attempting to cross 42nd Street at 9th Avenuewhen a New York City Transit Authority busstruck him causing fractures to his face and leftshoulder. Frank proved that the bus was travelingat an excessive rate of speed and that the driver

failed to see the plaintiff while he was in the crosswalk. Defendant alleged that plaintiff was crossingthe street against the traffic light and at the timeof impact was in the bus’s lane. Frank’s crossexamination of the driver eliciting his priorinconsistent statements convinced the jury thedriver was unbelievable.

Regarding damages, the plaintiff sustained orbitalwall and zygomatic arch fractures requiring openreduction by surgical intervention and a closedreduction of a left greater trochanter fracturerequiring arthroscopic debridement of a tornlabrum. Despite the defendant’s claim that theplaintiff made a great recovery and only lost fivemonths from work, the jury awarded a substantialamount for his injuries.

MOTORCYCLE ACCIDENT$1,000,000 RECOVERY & $5,000,000VERDICT

Michael J. Fitzpatrick recentlyobtained a $1,000,000 recoverywhich was all of the insurancecoverage and $5,000,000 defaultjudgment for a 58-year-old man,who was riding his motorcycle

when he was struck by the defendant’s vehicleexiting a driveway. The plaintiff suffered multiplefractures which required multiple surgeries andhe had confirmed RSD. The plaintiff was forcedto undergo multiple lumbar sympathetic nerveblocks, and the implantation of both a temporaryand permanent spinal cord stimulator. Mikeobtained a $5,000,000 verdict at inquest againstthe defaulting commercial property owner forimproperly posting a sign which blocked thedriver’s view. We have started proceedings torecover that judgment and so far have restrained$500,000 in the defendant’s bank account.

MOTOR VEHICLE LITIGATION

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AUTOMOBILE ACCIDENT$3,000,000 RECOVERY

Joseph Stoduto and CliffordShapiro obtained a mediatedsettlement in the amount of$3,000,000 on behalf of a 45-year-old man from Queens. The manwas driving his vehicle along a localroadway when another motoriststruck his vehicle. As a result of theaccident, our client sufferedinjuries to his neck and lower backwhich required cervical and lumbarfusion surgery. During the course

of the litigation, Joseph obtained summaryjudgment from the court that the defendants were100% responsible for the collision. Despite therebeing no lost wage claim, they obtained asubstantial settlement for pain and suffering.

AUTOMOBILE ACCIDENT$2,000,000 SETTLEMENT

This matter was settled on the eveof the trial for the full insurancepolicy limit of $2,000,000 by KenHalperin and Cliff Shapiro basedon Bill Hepner’s litigation of thecase. Plaintiff, who was crossing alarge street at 2 a.m., was struck bya driver who left the scene of theaccident. The defendant was foundby the police at a traffic light a fewblocks away, asleep in his vehicle.The defendant denied that he was

involved in the accident, but the police arrestedhim and ran forensic tests on his vehicle whichdiscovered that paint from his vehicle matchedpaint found on plaintiff’s clothing.

Eventually, the defendant pled guilty to leavingthe scene of an accident and driving whileintoxicated. There was a serious issue regardingthe comparative liability of the plaintiff, whom awitness said was crossing against the light.However, Bill’s deposition of the defendantvirtually eliminated this defense by casting blameon the driver for not seeing our client.

The plaintiff, who was in his late 20’s at the timeof the accident, sustained two broken legs, as wellas numerous internal injuries, requiring a numberof surgeries during his 3 month hospital stay,leaving him with a very large surgical scar in thecenter of his chest and abdomen. However,despite these injuries, he made a very goodrecovery and enrolled in a Masters of BusinessAdministration program only a few months afterdischarge from the hospital. It was for thisreason, and the fact that the defendant’s insurancecompany believed that plaintiff’s Muslim religionwould make a jury unlikely to give plaintiff asubstantial verdict in the current political climate,that the company would not make a settlementoffer close to the policy limit.

Cliff and Bill formally accused the insurancecompany of acting in bad faith, and cancelled aplanned mediation, assuring the company thatour firm would accept nothing less than the fullpolicy amount, and would proceed to trial.Knowing that the case was prepared for trial, andfearing that a jury would award more than thepolicy, putting its client’s assets at risk, thecompany finally agreed to tender its policy.

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AUTOMOBILE ACCIDENT$1,925,000 SETTLEMENT DURING TRIAL

Nicole Gill obtained a $1,925,000settlement during trial on behalf ofa 55-year-old male client who wasstruck by the defendants’ van andknocked to the ground as he stoodin the street. His injuries required

arthroscopic surgery, as well as cervical andlumbar surgical fusions. At trial, the defendantsmaintained that the injuries pre-existed theaccident given the degenerative condition of theplaintiff’s spine and knee. Given the plaintiff’s lackof prior symptoms or treatment and the possibleexposure the defendants faced, they eventuallysettled the case. Despite the fact that there wereno lost earnings and minimal future medical bills,Nicole obtained this substantial settlement forpain and suffering.

MOTOR VEHICLE ACCIDENT$1,850,000 RECOVERY

Bryce Moses obtained asettlement for $1,850,000 on behalfof a 35-year-old grocery storecashier from Queens. The womanwas driving her vehicle in Brooklynwhen another motorist struck thevehicle, resulting in a seriouscollision. As a result of the accident,our client suffered injuries to herneck, requiring surgery. During thecourse of the litigation, JosephStoduto won a decision from the

Court that the defendants were 100% responsiblefor the collision. The defendants took the positionthat our client’s damages were minimal, and madea settlement offer of only $100,000, causing Bryceto take the case to trial. After Bryce’s openingstatement and commencement of testimony, thedefendants reconsidered their position, and Brycesuccessfully negotiated a settlement in the amountof $1,850,000.

AUTOMOBILE ACCIDENT$1,750,000 RECOVERY

Joseph Stoduto and CliffShapiro were able to obtain asettlement in the amount of$1,750,000 on behalf of a 37-year-old man from Brooklyn. The manwas driving his vehicle along a roadin Nassau County when anothermotorist struck his vehicle. As aresult of the accident, our clientsuffered injuries to his neck andlower back which required surgery.During the course of the litigation,

Joseph obtained summary judgment against thedefendant. Shortly before the start of trial, Josephand Cliff attended mediation at which they wereable to negotiate a settlement of $1,750,000.

BUS ACCIDENT$1,500,000 SETTLEMENT

Kenneth J. Halperin and BryceMoses recently obtained a$1,500,000 settlement for a 36-year-old man who was a passengerand was injured when twoNYCTA buses collided.Immediately after receiving ananswer, Kenneth moved forsummary judgment, wherein theCourt was asked to hold theNYCTA liable for the accident.While it was obvious that the

NYCTA was liable, since two of their buses wereinvolved in the accident, by moving for this reliefat the onset of the litigation, interest on anyfuture judgment began immediately.

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As a result of the accident, the plaintiff sustaineda herniated lumbar disc that required fusionsurgery. There were no lost earnings incurred asa result of the accident. The NYCTA argued thatthis was a low speed collision, and there wasvirtually no damage to the bus. They argued thatplaintiff had pre-existing degeneration in hisspine that caused his need for surgery. Shortlyafter the commencement of the trial, Bryce wasable to obtain this very favorable settlement forthe plaintiff.


The matter was settled by MichaelFitzpatrick and Nicole Gill for$1,500,000 at mediation. Theplaintiff was a 29-year-old malewho was injured when he was theback seat passenger of a carsideswiped by a commercial truckand pushed off of the road into atree. The plaintiff did not seekmedical attention until two weeksfollowing the accident. It was notuntil four years following the

accident, that the plaintiff underwent a lumbarfusion due to continuing and worsening backpain. Despite those issues this substantialsettlement was achieved.


Nicole Gill obtained a settlementof $1,400,000 on behalf of a 36-year-old female client who wasinjured when her vehicle wasstruck in the rear by a commercialtruck. Our client’s vehicle was

stopped behind a car at the intersection when thedefendant slammed into the rear end of hervehicle, propelling her vehicle into the stoppedcar in front of her. The defendant driver allegedthe accident occurred because our client’s vehicleand the vehicle in front of her stopped short. Ourclient underwent cervical fusion and left kneearthroscopic surgery.


Mitchell Kahn obtained asettlement for $1,300,000 for an18-year-old client who was apassenger in a vehicle that spedaround a curve too quickly, causingthe driver to lose control and

sideswipe a utility pole. The plaintiff was a rearseat passenger and was ejected from his seat.

The plaintiff contended that he suffered severepermanent injuries to the right dominant arm,after undergoing several surgical procedures. Healso suffered facial injuries, including a left orbitalfracture that required surgery.

Mitch settled the case prior to trial for the fullamount of the policy limits despite the fact thatthe defendant had a viable seat belt defenseagainst the plaintiff.

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Phil Russotti and Brielle C.Goldfaden obtained a $1,300,000settlement after jury selection in atrial against the New York CityFire Department.

Our client, a man in his 30s, wasdriving to work. He claimed thathe reached an intersectioncontrolled by a traffic light whichwas green for traffic in hisdirection. As he drove through the

intersection in the left lane, a New York City FireDepartment truck heading in the oppositedirection suddenly turned left in front of ourclient causing a near head-on collision. The truckturned so suddenly that our client was unable tostep on the brake or avoid the crash.

However, the defendants claimed that theaccident was our client’s fault. The FDNY driversaid that our client passed a stopped car andcrossed over the double yellow lines, striking theFDNY truck head-on before the truck began toturn left. They also argued that our client ran ared light.

Although our client was wearing his seatbelt, theforce of the impact caused multiple discs in hisneck to herniate, pressing on his spinal cord. Hehad emergency fusion surgery to relieve thepressure from his spinal cord and to preventparalysis.

Despite radical differences in the versions of theaccident by the parties and that our young clientmade a remarkable recovery and was eventuallyable to return to work, negotiations occurredduring the course of jury selection, resulting in a$1.3 million settlement.

TRACTOR TRAILER$895,000 RECOVERY

Victor Goldblum recentlyobtained a $895,000 recovery forthe front seat passenger of astationary car. The defendant, whowas operating a tractor trailer,backed his vehicle into the driver’s

car that was lawfully stopped behind him. As aresult of the impact the plaintiff suffered injuriesto her back and right shoulder, which requiredsurgery. The defendants argued that all of theplaintiff’s injuries were pre-existing. Thedefendant had $950,000 available in insurancecoverage. After being assigned to a trial judge, thedefendant’s attorneys initially offered $100,000to settle the case. Victor Goldblum successfullynegotiated the case and the matter settled for$895,000.

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PLUMBER’S ACCIDENT$1,750,000 VERDICT

Bryce Moses recently obtained a$1,750,000 verdict for a 39-year-old non-union plumber who fellapproximately six feet from aladder while he was drilling holesin the ceiling for piping. WRSHpartner, Mitchell Kahn, was ableto establish during depositions thatthe defendants failed to providethe plaintiff with the proper typeof ladder/protective device for thetype of work being performed.

After discovery, Mitch obtained summaryjudgment on liability pursuant to Labor Law 240(1).

The matter proceeded to trial in Kings County.As a result of the accident, plaintiff sustained ahairline fracture to the patella that requiredarthroscopic surgery, and a herniated disc thatrequired surgery on his lumbar spine.

After the surgeries, plaintiff made an excellentrecovery and returned to work without sufferingany lost earnings. Despite this, Bryce was able toconvince the jury at trial to award $1,500,000 forpain and suffering and $250,000 for past andfuture medical expenses.

CONSTRUCTION LITIGATION

TRAIN LITIGATION$1,700,000 SETTLEMENT

Kenneth Halperin obtained asubstantial $1,700,000 settlementfor a woman who was injured onthe Metro-North Spuyten DuyvilTrain Derailment of December2013.

The train operator apparently dozed off whilerounding a curve causing the Metro-North trainto careen off the tracks injuring numerouspassengers. Metro-North accepted responsibilityand the case settled prior to trial.

As a result of the accident, plaintiff sustainedhead and face lacerations that required multiplesutures and left mild scarring on her forehead.The plaintiff also suffered torn ligaments in herknee and a vertebral fracture at C4. The injuriesrequired physical therapy. Plaintiff did not haveto undergo any surgery for these injuries, yet Kenobtained this very substantial settlement on herbehalf.

TRAIN LITIGATION

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ELECTRICAL WORKER$2,750,000 RECOVERY

Clifford Shapiro and Frank J.Lombardo settled this matter for$2,750,000 at mediation prior tojury selection. Plaintiff, a 34-year-old man at the time of theaccident, was a Local 3 Electricianinstalling conduit and bracketsunder the elevated 7 train rails onRoosevelt Avenue between 49thand 50th Streets in Queens, NY.The plaintiff was elevated in thebasket of an aerial lift when it was

struck by a ladder rack situated on top of a LongIsland Railroad work vehicle driving under it.The sudden impact caused the basket to “slingshot,” which in turn caused the plaintiff to strikethe right side of his head on a steel beam and theright side of his body against the bucket.

The plaintiff sustained a partial rotator cuff injuryrequiring arthoscopic surgical repair. He alsosustained mild traumatic brain injury, post-concussion syndrome and post-traumatic stressdisorder with cognitive deficit symptoms.

Defendants argued that plaintiff caused theaccident by lowering the basket without lookingat traffic below. They further argued that he didnot sustain a brain injury, and if he had, it wasresolved. In addition, the defendants producedvideo surveillance contradicting plaintiff’sclaimed physical abilities. The pretrial litigationwas handled by Bill Hepner.

SCAFFOLD ACCIDENT, CRANE COLLAPSE$2,500,000 RECOVERY

Kenneth J. Halperin recentlyobtained a $2,500,000 settlementfor a 40-year-old carpenter whowas injured at a construction site.At the time of the accident theinjured plaintiff was beginning to

descend a scaffold when a crane that wasoverloaded collapsed and struck the scaffolding.In order to avoid being crushed by the crane theplaintiff had to let go of the scaffold, whichcaused him to fall approximately fifteen feet tothe ground below.

As a result of the accident the plaintiff sustainedan injury to his lower back, which required alumbar spine fusion and a knee injury whichrequired arthroscopic surgery. Although theplaintiff was a union carpenter he failed to workin the union for three of the previous five yearsand the two years that he did work were for lessthan 100 hours. Ken was able to buttress hisdamages claim by retaining an expert witness todetermine his future medical costs over hislifetime. Plaintiff made a very good recovery andwas in engineering school at the time of thesettlement, making the settlement moreoutstanding.

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PLUMBER’S ACCIDENT$2,400,000 SETTLEMENT

Kenneth Halperin and MitchellKahn recently obtained a$2,400,000 settlement for a 56-year-old non-union plumber whofell approximately ten feet from aladder while he was working in abuilding helping to install a newroof drainage system. Whileplaintiff was descending the ladderit began to tip over causing him tolose his balance and fall. Theevidence established that the

ladder was old and unsafe and the floor below wasalso uneven, causing the ladder to be unstable.

During discovery, we were able to establish thatthe plaintiff was not provided with the propersafety devices, such as a scaffold, scissor lift orsafety harness, all of which could have preventedhis accident. After discovery, we obtainedsummary judgment on liability pursuant to LaborLaw 240 (1).

As a result of the accident, plaintiff sustainedmultiple injuries including, a fractured rightcalcaneus, which required surgery to insert asingle screw to reduce the fracture, partialligament tears in his right ankle that required anarthroscopic surgery and debridement, and aherniated disc in his lumbar spine which requireda percutaneous discectomy.

Prior to trial, Ken and Mitch conducted threemediations over a four-month period, whichresulted in a settlement of $2,400,000.

LABORER’S ACCIDENT$2,100,000 SETTLEMENT

Kenneth J. Halperin andMitchell Kahn recently obtaineda $2,100,000 settlement for a 57-year-old laborer who was injuredat a construction site. The injuredplaintiff was walking along thefloor of a new building that wasunder construction. He wasbringing materials to anotherworker. One of the pieces ofplywood that was protecting thefloor was broken and poorly

maintained. As he walked over it, it gave way,causing him to fall to the floor below.

Defendants tried to establish that plaintiff wassupposed to be wearing a harness at the time ofthe accident. However, during the deposition ofthe defendant contractor, Mitch was able toestablish that a harness was not necessary for thework he was doing, and in fact, he would havebeen unable to do the work if he had a harnesslimiting his movement. We also retained anengineering expert to strengthen this argument.

As a result of the accident, plaintiff injured hisneck and ultimately required a cervical spinalfusion. He also injured his shoulder whichrequired arthroscopic surgery, and sustained ahead injury which left him suffering from post-concussion syndrome. The defendants and theirexamining doctors argued that the shoulder andneck injuries were pre-existing due to his age, andthat the head injury and related symptoms wererelatively minor. We were able to counter thisargument with our own medical experts and thuswere able to procure a significant settlement forthis worker.

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CARPENTER ACCIDENT$1,000,000 SETTLEMENT

David M. Hoffman obtained asettlement in the amount of$1,000,000 for a 45-year-old manwho was injured in an accident ona construction site. The accidentoccurred in Queens where a

building renovation was taking place. Theplaintiff was installing flooring when defectivewood broke causing him to fall through the floorto the ground below. As a result of this incident,the plaintiff sustained serious injuries to his neck,back, shoulder, knee and ankle, and requiredmultiple surgeries. The building owner’s totalinsurance coverage was $1,000,000, and Davidsuccessfully negotiated a settlement for the entire$1,000,000.

TRUCK DRIVER ACCIDENT$950,000 SETTLEMENT

Frank J. Lombardo settled thismatter for $950,000 afterunsuccessful mediation, and priorto commencement of juryselection.On September 9, 2011, the

plaintiff sustained serious and permanent injuriesat “Ground Zero” and the “Freedom Tower”where demolition and construction ofunderground utilities, sidewalks, lights andextension of a subway line took place. Plaintiffwas operating the boom of a flatbed truck, andafter successfully placing I-beams on the flatbed,

he began walking towards the front side of thetruck in order to return the remote control whichoperated the boom. He heard a loud noise, felt avibration under his feet and the I-beams fell offthe truck striking him.

The defendants contended that there was nonearby blasting and/or heavy drilling whichwould cause the ground to shake or vibrate in anyway. However, partner Mitchell Kahn was ableto establish during depositions that asubcontractor was performing “hoe ramming” inthe area adjacent to where the accident occurred,and that “hoe ramming” caused vibrations.

Regarding damages, the plaintiff was takenimmediately from the scene by ambulance toBellevue Hospital Center where he underwentsurgical intervention for bilateral open tibia andfibular fractures with degloving injury. Thesurgery consisted of intramedullary nail fixationof the tibial fractures. The plaintiff returned towork as a truck driver six months after theaccident.

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DAY CARE CENTER$2,500,000 SETTLEMENT

Victor Goldblum settled this casefor $2,500,000 on behalf of an 18-month-old infant, who wasseverely burned by boiling waterwhile attending daycare. The aideswho were in charge of the

classroom negligently allowed the infant to beleft unattended. While she was alone in theclassroom, boiling water spilled on our client’sface and left shoulder. The boiling water causeda severe burn on the infant’s left shoulder whichrequired skin graft surgery leaving her with adisfiguring scar.

REPAIRMAN INJURED AT COMMERCIALPREMISES$1,500,000 SETTLEMENT

Nicole Gill obtained a $1,500,000settlement during jury selection onbehalf of a 46-year-old man whowas injured while on thedefendants’ premises to fix asecurity camera. Our client was

pushing the defendants’ heavy lift machine up aramp when it fell on him. The defendantsappealed the denial of their motion for summaryjudgment and the Appellate Division held for thePlaintiff and permitted us to prove that thedefendant failed to give a proper warning to ourclient of the dangerous situation our client wasengaged in. Defendants permitted and encouragedour client to perform the task. Our client’s injuriesrequired multiple surgeries to his right hand, rightshoulder, right hip and lumbar spine. Bill Hepnerhandled all litigation prior to trial.

SIDEWALK TRIP AND FALL AGAINST NYC$1,250,000 MILLION SETTLEMENT

Bryce Moses obtained a$1,250,000 settlement during trialagainst New York City for a 57-year-old woman who tripped andfell on broken bluestone in frontof the Kings County Courthouse.The City took a “no pay” positionand maintained that they had noprior written notice of the brokenbluestone that caused our client’saccident. The referring attorneywas having difficulty finding a firm

willing to take on the challenges of this case.When Phil Russotti analyzed the case he wasable to locate and retain a forensic geologist andtogether they were able to demonstrate throughsample testing of the bluestone that the specificdefect existed at the time the City conducted itsinspection. Phil’s theory proved successful duringtrial as Bryce was able to persuade the City tooffer the settlement.

PREMISES LIABILITY

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SIDEWALK TRIP AND FALL$1,200,000 MILLION RECOVERY

Clifford Shapiro and BrielleGoldfaden recovered $1,200,000for a 54-year-old nurse whotripped and fell on an unevensidewalk next to a nursing home inher neighborhood after dark.Brielle’s deposition of a nursinghome employee revealed thedefect was there for many yearsand nothing was done to fix it. Ourclient suffered a herniated disc inher neck which required surgery.

The plaintiff’s injuries were complicated by thefact that she had four subsequent accidents atwork which the defendant argued were the truecause of her problems. Despite this, we were ableto obtain a significant recovery for our client.

BRAIN INJURY$1,200,000 SETTLEMENT

William Hepner obtained a$1,200,000 settlement on behalf ofa 52-year-old man who was struckin the head by a door which openedinto him when entering a bar. Billsuccessfully argued that the door

and entranceway were negligently designed. Thebar door opened out from the building, over twoand a half of the four steps that led from thesidewalk to the door. There was no landing, andan expert supported the fact that anyone whowalked up the steps was at risk of being struck bythe door. Additionally, the door had only a smallglass window to see out, which was covered withstickers. The bar owner and building ownerargued that the entrance had been in use for manyyears without incident and that the plaintiff washighly inebriated with a .24 blood alcohol levelindicated in his hospital record. This informationmade him culpable in causing his own accident,

and indicated that he might have simply falleninto the door. Defendants had an experttoxicologist who would have testified to thedegree of impairment which would result fromthis amount of alcohol in his system. Plaintiffdenied drinking the amount of alcohol necessaryto reach such a blood alcohol level, and testifiedthat he was at a different bar prior, where he hadonly three drinks in three hours time. Thatbartender corroborated the plaintiff.

The door struck plaintiff in the forehead withenough force to cause a depressed skull fracture.He was knocked off of the steps, landed on hisback, and the back of his head struck the pavement.He suffered a subdural hematoma, and was in acoma for approximately three weeks. Our clientsuffered a loss of memory regarding the accident,and although no one actually saw the door strikehim, the injuries to the front and back of his headwere consistent with the mechanism of injury.

The main injury was a traumatic brain injury,which included cognitive difficulties includingmemory loss, attention deficit, andconcentration-reasoning deficits. He alsosuffered from post-concussion syndrome,vertigo, and double vision. Plaintiff continued totreat for his problems from the time of theaccident up to the time of the settlement.

RESIDENTIAL CEILING COLLAPSE$1,000,000 SETTLEMENT

Kenneth Halperin obtained asettlement in the amount of$1,000,000, which represented thefull limits of the defendant’s primaryinsurance policy, for a 30-year-oldwoman who was injured when the

ceiling in her bathroom collapsed on her head.

The accident in question occurred in plaintiff’sbathroom. An ongoing leak that was neverrepaired left the ceiling damp and weak until it

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OBSTETRICIAN AND NURSINGMALPRACTICE$6,000,000 SETTLEMENT

Kathleen Kettles settled a casefor the family of a 4-year-old girlwhose mother had both herprenatal care and delivery atWoodhull Hospital Center. Thenewborn was placed with her

mother in what is called a “rooming in”arrangement that is done to promote parent-child bonding. Within 36 hours of her birth, shedeveloped dangerously high levels of bilirubinnecessitating a double exchange transfusion.During the procedure the newborn went intocardiorespiratory arrest and suffered an injury toher brain and her kidneys. Kathy identified twomain departures from accepted obstetricalpractice in that the hospital had ignored a minorblood incompatibility between the mother andher newborn and the nursing staff failed toproperly monitor the infant for jaundice.

Now, at age 4, she has chronic kidney disease,cannot eat solids, and attends school for severelydevelopmentally disabled children. The$6,000,000 settlement will allow the family toprovide a better future for their child and forthemselves.

OPHTHALMOLOGY MALPRACTICE$1,200,000 VERDICT

Jason Rubin obtained a$1,200,000 verdict in a medicalmalpractice case arising out ofvision loss in the eye of a 71-year-old woman. Jason claimed that anophthalmologist failed to refer

plaintiff to a retinal specialist after she had adramatic loss of visual acuity several days afterundergoing cataract surgery. As a result, therewas a delay in diagnosing an infection in the eye,known as endophthalmitis, resulting in blindnessin the eye. The jury accepted plaintiff’sarguments and awarded $600,000 for past painand suffering and $600,000 for future pain andsuffering, a substantial verdict in Suffolk County.

WRONGFUL DEATH$1,800,000 SETTLEMENT

Jason Rubin obtained a$1,800,000 settlement in awrongful death case involving thedeath of a 21-year-old womanresulting from a hospital’s failureto timely diagnose and treat

postoperative bleeding.

MEDICAL MALPRACTICE

finally collapsed upon the plaintiff’s head whenshe was in the bathroom. During the course ofdiscovery we also conducted a deposition of thetenant who lived above the plaintiff. She testifiedthat her toilet had been leaking through the floorfor several years and the building never addressedthe problem. At the conclusion of discovery wewere able to obtain summary judgment on theissue of liability.

As a result of the accident plaintiff underwent a

fusion at L5-S1. After a period of physical therapythe plaintiff returned to work and school full time.The defendants produced photographs of her onvacation snorkeling, parasailing, and horsebackriding. They argued that she made a completerecovery and was therefore able to do all of theactivities that she did before the accident. In orderto obtain a significant settlement we counteredthat although she made a good recovery, sheperforms the activities in pain.

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The decedent, an unmarried nursing studentwithout any children, came to the hospital withcomplaints of upper abdominal pain andvomiting. She underwent a procedure known asan ERCP and, thereafter, her hemoglobin andhematocrit dropped significantly, indicating apossible bleed. However, no blood products orfluid resuscitation were provided to her forapproximately 10 hours. As a result, she sufferedfrom hemorrhagic shock and multiple organfailure. After four months of hospitalization andmultiple surgical procedures, she passed away.The entire sizable settlement was attributedsolely to her pain and suffering.

WRONGFUL DEATH$1,500,000 SETTLEMENT

Kathleen Kettles settled awrongful death case for $1,500,000for a 32-year-old woman who diedprematurely leaving behind herhusband and three children.

This was a very difficult case because the decedentsuffered from Lupus and due to the necessity fortreatment with steroids, she developed severepremature atherosclerosis.

Plaintiff developed severe abdominal pain andwent to the Bellevue Hospital EmergencyDepartment. The surgeon determined that hercondition did not warrant immediate surgery, butwithin 16 hours after admission she developedseptic shock and they had to perform emergencysurgery. Kathy, along with our surgical and criticalcare experts, determined that not only did theydelay surgery, but that they failed to performserial abdominal examinations and timelyprescribe and monitor her anti-coagulation. Sheconsequently died one month after her admission.

Our client left behind her husband, a pastry chef,and three young children. The case wascomplicated by the fact that due to her Lupus and

complications from drug treatment she wouldlikely have died prematurely. However, we hadexperts prepared to testify that her life expectancywas at least 10 years which would have beenduring the most important time in her children’slives, justifying the loss of guidance settlement toher young children.

MEDICAL MALPRACTICE$1,000,000 SETTLEMENT

Jason Rubin obtained a$1,000,000 settlement in a medicalmalpractice action causing atraumatic brain injury suffered as aresult of a fall shortly after plaintiffwas discharged from a hospital.

Plaintiff, a 57-year-old man, was taken todefendant hospital by ambulance because ofcomplaints of dizziness, near syncope andinability to get out of bed. After an initialevaluation, a decision was made to discharge himand have him worked up as an outpatient. Upondischarge, he was not provided with anyassistance or transporter despite the hospitalpersonnel being aware that he had a gaitdisturbance. While walking toward his car, rightin front of the hospital exit door, he lost hisbalance, fell and struck his head, causing him tosuffer a skull fracture and traumatic brain injury.The client died before depositions were evenconducted.

At trial, Jason claimed that the discharging nursewas negligent in failing to provide plaintiff awheelchair and transporter upon discharge,particularly in light of the significant fall riskfactors he exhibited. Jason tried the case;however, prior to verdict, the case settled againstthe hospital for $700,000. Previously, the matterwas settled against plaintiff’s attending physicianfor $300,000.

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PRODUCTS LIABILITY$2,500,000 SETTLEMENT

Jason Rubin secured a settlementof $2,500,000 on behalf of a 33-year-old man who was injured as aresult of a defective inflatable tubetowed behind a boat.

As a result of the product’s defect, the plaintiffsustained a severe brachial plexus injury thatrendered his dominant arm severely injured.

The plaintiff was using a product known as a KiteTube, an inflatable tube that was designed tobecome airborne and fly when towed behind aboat. Plaintiff purchased the product shortly afterit went on the market. While he was riding onthe Kite Tube for the first time, it suddenly roseapproximately 20 feet in the air, became unstable,rotated to the right, and crashed violently intothe water, permanently paralyzing his dominantarm. The manufacturer of the product went intobankruptcy, but we were able to obtain asubstantial recovery from the productdistributors who under NY law are responsiblefor defective products.

Each distributor moved for dismissal, arguingthat plaintiff could not make out a prima faciecase of strict products liability against eitherdistributor because we could not prove whichdistributor supplied the product. Jason opposedthis motion and argued that both distributorsshould be held jointly and severally liable underthe doctrine of “alternative liability”. Under thatdoctrine, where the conduct of two or moredefendants is tortious, and it is proved that harmhas been caused to the plaintiff by only one ofthem, but there is uncertainty as to which one,the burden is placed on the defendants to provethat they did not cause the harm. The SupremeCourt agreed with plaintiff that the alternativeliability doctrine was applicable to the case anddenied the distributors’ motions for summaryjudgment. The distributors appealed to theAppellete Division and, in a unanimous decision,it affirmed the trial court’s order denyingsummary judgment and held that the alternativeliability doctorine was applicable. The casesettled after jury selection.

PRODUCTS LIABILITY

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WRSH STAFF: THE BEST IN THE BUSINESS

FRONT ROW FROM LEFT TO RIGHT:

BACK ROW FROM LEFT TO RIGHT:

Leslie Lugo Medical CoordinatorYvonne Augosto

Construction Paralegal

Doreen RichardsonMedical Records

Jeanette ColumnaCalendar & Depositions

Kathleen BartolottiOffice Manager

Aisha YetmanMedical Malpractice Paralegal

Kimisha BostickCase Manager

Yina RamirezGeneral Negligence Paralegal

Sean BrownMail, Filing, Scanning

Marlo SullivanSettlements and Liens

Terri VassalloMedical Malpractice Paralegal

Maribel CabaGeneral Negligence Paralegal

Mercedes EstradaConstruction Paralegal

Alex MaldonadoCalendar & Depositions

Allison DalyMarketing Director

Joyce AlexanderCalendar& Depositions

Michelle OrtizGeneral Negligence Paralegal

Glenda WilcockGeneral Negligence Paralegal

Shelly NunezReceptionist

Sherly AntioneAutomobile Paralegal

Bania DelossantosConstruction Paralegal

Joanna TorresMedical Records

Alex FriginetteMail, Filing, Scanning

Monique BeattyGeneral Negligence Paralegal

Zhanna PishnyukAutomobile Accidents Paralegal

Oksana TarasovaConstruction Paralegal

Rafeal MartinezAccounts Payable

Jeselle SotoReception

Wingate, Russotti, Shapiro & Halperin’s success in court could not beaccomplished without our terrific staff. They are the backbone of the office and support the attorneys in the most professional, efficient and friendly

manner in our industry. Here they are!

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NEW ASSOCIATES

GENNARO BATTILORO

Since he became an attorney Gennaro Battiloro has worked tirelessly to innovate the way inwhich the attorney-client relationship is perceived. His hands-on approach to individualizingeach claim and working with each client that he represents has led to the recovery of millionsof dollars for his clients. The key to his success is a combination of drive, intense customerservice, skilled negotiation, and an intimate knowledge of the medical and legal fields.

Gennaro’s reputation within the niche world of workers compensation and construction accident litigation hasgarnered him not only the respect of his colleagues, but that of past, present and prospective clients. Since heopened his own firm, the Battiloro Law Group, Gennaro has been known for his tireless efforts to understandeach client as an individual and not merely as a number. He has successfully won hard-fought trials and appealsfor thousands of clients.Before starting his own successful practice, Gennaro worked for many years within the medical and real estatefields. This experience has helped to give him a unique perspective into the connection between the workers,their injuries and the regulations that intertwine the umbrella of the labor law and workers compensation. Byutilizing this technical knowledge and experience Gennaro has been able to formulate individualized litigationplans for each client that walks through his door. This allows each case to stand out when presented to a judgeor a jury.Mr. Battiloro is a 2010 graduate of New York Law School. He is a member of the Injured Workers BarAssociation, the Columbian Lawyers Association of Brooklyn, the New York Bar Association, and the BrooklynWomen’s Bar Association. Prior to law school, he earned a B.A. in 2007 from Fordham University.

LAUREN PENNISI

Lauren Pennisi joined Wingate, Russotti, Shapiro & Halperin, LLP as a medical malpracticeassociate in 2017, after being associated with another prestigious personal injury firm in NewYork City. Lauren brings extensive experience to the firm in wrongful death and medicalmalpractice claims caused by delays in diagnosing cancer, birth-related neurological injuries,surgical errors and post-operative complications. Lauren has been named by Super Lawyers

Magazine as a Rising Star in the field of plaintiff’s medical malpractice in 2015, 2016 and 2017.

ANDREA BORDEN

Andrea is a trial attorney who recently joined the firm after working for another large personalinjury law firm in New York City where she was a senior trial attorney. Andrea has over adecade of experience litigating all types of personal injury cases including premises liability,municipal liability, wrongful death and medical malpractice cases in the State and FederalCourts of New York.

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DAVID HOFFMAN

David joined Wingate, Russotti, Shapiro & Halperin as a trial attorney in 2016, and has beena practicing attorney for more than 24 years in New York City. Prior to joining the firm, Davidpracticed personal injury litigation as a partner at a prominent New York personal injury lawfirm for 18 years. David specializes in personal injury litigation, and has tried numerous casesto verdict, resulting in large monetary awards for his clients. He has also successfully presented

and resolved numerous matters in arbitration and mediation in all areas of civil law. Primarily, he concentratesin the specialized areas of construction and labor law, motor vehicle accidents and premises-related lawsuits.After receiving his undergraduate degree from SUNY Binghamton in 1989, David earned his J.D. degree fromBrooklyn Law School in 1992. He is currently a member of the New York State Trial Lawyers Association,American Association for Justice, Jewish Lawyer’s Guild and the New York City Bar Association. As a memberof the New York City Bar Association, David served as Chairman of the Tort Litigation Committee.David is admitted to practice in the State of New York, Federal Court of New York and the State of New Jersey.

NOAH KATZ

Noah joined the firm in July of 2016. He is a seasoned civil litigator concentrating his practiceon representing catastrophically injured individuals as a consequence of motor vehicle andtrucking accidents, construction accidents, and product defects. Prior to joining Wingate,Russotti, Shapiro, & Halperin, LLP, Noah represented corporations and insurance companiesin a Manhattan-based defense law firm for more than 10 years. Through this experience, Noah

gained an insight and understanding as to how the insurance industry and its clients evaluate and ultimatelylitigate personal injury claims. His background has provided him with a unique perspective that enables him toaggressively and effectively pursue personal injury claims on behalf of his clients. Noah consistently delivers topresults using a unique combination of both efficiency and expertise, sustaining the confidence of our clients thatthey are getting the highest quality legal representation available.

DOUGLAS MILCH

In the past decade, Doug has handled some of the largest personal injury matters in the Stateof New York. Douglas has used his considerable legal talents to obtain settlements totalingover $80 million. Douglas handles a variety of matters, including cases involving constructionsite accidents, train disasters and premises liability.A cum laude graduate of New York Law School, Douglas attended the University of Rochester,

and has a degree in history from George Washington University. He is a member of the bar of the State of NewYork, and is admitted to practice before the United States District Courts for the Southern and Eastern Districtsof New York.

NEW OF COUNSEL

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NEW PARTNERS

BRYCE MOSES

Bryce merged his prior firm Friedman and Moses with WRSH in 2016. Bryce is responsiblefor trying many of the most significant personal injury cases we have. Bryce is frequently askedto lecture practicing attorneys on trial practice and evidence. For the past five years Bryce hashad the privilege of speaking before judges on recent developments in the law.

KATHLEEN KETTLES

Kathy is in charge of the medical malpractice department where she reviews cases on intakeand takes depositions on the most complicated cases. She specializes in birth injury cases whichare typically some of the most significant cases in the office.

FRANK LOMBARDO

Frank joined the firm after practicing for years on the defensive side of construction litigation.He brings a wealth of knowledge and experience to the prosecution of those claims on behalfof injured workers.

NICOLE M. GILL

Nicole is one of our leading trial attorneys who tries some of the most complicated cases inthe office. She previously tried cases for the City of New York in their Torts division whereshe was one of their most prolific trial attorneys.

VICTOR GOLDBLUM

Victor merged his solo personal injury practice with WRSH and has seamlessly integratedhimself into handling a significant case load together with trying serious personal injury cases.

JOSEPH STODUTO

Joseph handles exclusively automobile litigation and is an expert in this area of the law. He isskilled at developing sufficient facts during discovery to enable him to obtain summary judgmenton liability in numerous cases. Joseph also successfully handles the appeals on his cases.

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We handle all of our own appeals and many of our lawyers have successfully written the briefs and argued theappeal of their cases including David Schwarz, Bill Hepner, Jason Rubin, Victor Goldblum, Kathy Kettles, Philip Russotti, and Joseph Stoduto. In addition, David Schwarz exclusively handlesappeals.

This past year David successfully helped solidify law in the state on an important issue,namely to what extent should the court take away from the jury the issue of whether a defectwas trivial due to its size, location and other characteristics. David defeated a defendant’smotion for summary judgment through the appellate court and reversed finding our defect“trivial” as a matter of law. David had to file for permission from the Court of Appeals totake the case, which he convinced them to do. Then he successfully argued before the Courtand got it to review the appellate division and send the case back for trial. The case issignificant because it clarified the law by shifting the burden of proof onto the defense to show that a defectwas not just physically insignificant but also that it was not dangerous due to the characteristics of the defectand the surrounding circumstances, showing that it did not increase the risk of injury it posed.

David also successfully convinced the appellate division that a trial court decision permitting a trial was correctin a case where a catering establishment allowed a third party to enter their premises and erect a flower display.The flower company was defunct and David successfully convinced the appellate court that there was aquestion of fact about whether the catering company was responsible for the actions of the flower companywhen the display fell on our client’s head, by not properly inspecting the arrangement prior to having guestscome onto the property.

Jason Rubin successfully convinced the appellate division in a complex products liability case that twodistributors have equal liability for an injury even though it was unknown which placed the product into thestream of commerce. He successfully utilized the alternative liability doctrine.


APPELLATE PRACTICE

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The Graybar Building420 Lexington Avenue, Suite 2750New York, NY 10170

PRSRT STDU.S. POSTAGE

PAIDBURLINGTON, VTPERMIT NO 601

WINGATE, RUSSOTTI, SHAPIRO HALPERIN, LLP

ATTORNEY ADVERTISING WWW.WRSHLAW.COM | 212.986.7353 | [email protected]

NEWSLETTERWINGATE, RUSSOTTI, SHAPIRO HALPERIN, LLP

PARTNERS

Philip A. RussottiClifford H. ShapiroKenneth J. HalperinI. Bryce MosesKathleen P. KettlesWilliam P. HepnerJason M. RubinJoseph P. StodutoMitchell R. KahnVictor GoldblumFrank J. LombardoNicole M. Gill

ASSOCIATES

Michael J. FitzpatrickBrielle C. GoldfadenEric L. HornPaul R. CordellaLauren PennisiAndrea Borden

OF COUNSEL

Paula M. GrecoRobert J. BellinsonDouglas A. MilchDavid M. HoffmanNoah KatzDavid M. SchwarzEnrique O. GuerreroGennaro Battiloro

William A. Wingate(1927 – 2009)

PRACTICE AREAS

• Construction Accidents

• Medical Malpractice

• Premises Liability

• Products Liability

• Motor Vehicle Accidents

• Wrongful Death

• Birth Injuries

• Brain Injuries

OUR TEAM

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