March 2010 - The Fitzgerald Law Firm

$52,000-Labor Law/Work Injury Jury Verdict Construction Site Accident: Falling Debris Directed Verdict On Labor Law Liability Head Injury Resulting In Brain Damage

Posted by: James Fitzgerald on March 12th, 2010 in Labor Law

F&F# 88176A WORKPLACE-CONSTRUCTION SITE ACCIDENT FALLING DEBRIS -DIRECTED VERDICT ON LABOR LAW LIABILITY – HEAD INJURY RESULTING IN BRAIN DAMAGE Jury Verdict: $52,000 (by a 5 to 1 jury vote) Breakdown: $30,000 for past...

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$124,040-Labor Law: Jury Verdict Construction Worker Struck By Brick – Fractured Ribs And Chest Wall Injury

Posted by: James Fitzgerald on March 12th, 2010 in Labor Law

F&F# 92651A NEW YORK CONSTRUCTION SITE ACCIDENT – WORKER STRUCK BY BRICK – FRACTURED RIBS AND CHEST WALL INJURY Defendant Found Liable: City of New York Jury Verdict: $124,040 for Plaintiff, a carpenter Breakdown:...

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$300,000-Work Place: Jury Verdict Truck Driver Falls From Lift Carpal Tunnel Syndrome With Chronic Pain

Posted by: James Fitzgerald on March 12th, 2010 in Labor Law

F&F# 87133A WORK PLACE TRUCK DRIVER FALLS FROM LIFT – CARPAL TUNNEL SYNDROME WITH CHRONIC PAIN Jury Verdict: $300,000 for Anthony S.; $21,000 for Eileen S. for loss of services; reduced to $270,000 and...

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$3,236,653-Building Renovations: Jury Verdict Night Worker Falls Through Hole Where Stairway Had Been Removed – Spinal Fractures And Fractured Ankle

Posted by: James Fitzgerald on March 12th, 2010 in Labor Law

F&F# 94037A BUILDING RENOVATIONS – NIGHT WORKER FALLS THROUGH HOLE WHERE STAIRWAY HAD BEEN REMOVED – SPINAL FRACTURES AND FRACTURED ANKLE Jury Verdict: $3,236,653 for Francisco B. reduced to $3,074,820 for 5% Comparative negligence...

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Undisclosed-Negligence in providing security – prima facia case should have gone to jury

Posted by: James Fitzgerald on March 12th, 2010 in Appeals

F&F# 83394A PERSONAL INJURY – NEGLIGENCE IN FAILING TO PROVIDE ADEQUATE SECURITY – PLAINTIFF’S PRIMA FACIE CASE SHOULD HAVE GONE TO JURY Summary: This case involved a movie theater usher (Cruz) who was assaulted...

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$6,285,772-Medical Malpractice: Brain Damaged Baby Modified Jury Award Upheld

Posted by: James Fitzgerald on March 12th, 2010 in Appeals

F&F# 83247A MEDICAL MALPRACTICE – BRAIN-DAMAGED BABY MODIFIED JURY AWARD OF $6,285,772 UPHELDSummary: This First Department memorandum decision reinstated, but reduced, a $10,000,000 jury verdict awarded to a Plaintiff who suffered profound mental retardation,...

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Undisclosed-Statute of Limitations: Infancy Toll on Statute Of Limitations Not Terminated By Acts Of Guardian

Posted by: James Fitzgerald on March 12th, 2010 in Appeals

F&F# 95243A LEAD POISONING-STATUTE OF LIMITATIONS -INFANCY-TOLL NOT TERMINATED BY ACTS OF GUARDIAN Caption: Henry v. City of New York Court: Court of Appeals Judge: Hon. Wesley, J. Cite: 94 N.Y.2d 275, 724 N.E.2d...

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$7,500,000-Jury Verdict Upheld: Birth Trauma – Premature Infant Periventricular leukomalacia and Cerebral Palsy

Posted by: James Fitzgerald on March 12th, 2010 in Appeals

F&F# 92091A MEDICAL MALPRACTICE – BIRTH TRAUMA – PREMATURE INFANT PERIVENTRICULAR LEUKOMALACIA AND CEREBRAL PALSY Summary: Plaintiff incurred periventricular leukomalacia (PVL) and spastic diplegic cerebral palsy as a result of defendant’s medical malpractice in...

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$6,929,000-Medical Malpractice – Brain-Damaged Baby Modified Jury Award Upheld

Posted by: James Fitzgerald on March 12th, 2010 in Appeals

F&F# 92220A MEDICAL MALPRACTICE ATTORNEY – BRAIN-DAMAGED BABY MODIFIED JURY AWARD OF $6,929,000 UPHELD Summary: In this medical malpractice case involving a brain-damaged baby, F&F won a $13,629,000 unanimous verdict at trial on behalf...

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Undisclosed-Lead Poisoning: Notice of Lead Paint Hazard on the Part of the Landlord

Posted by: James Fitzgerald on March 12th, 2010 in Appeals

F&F# 93696A LEAD POISONING-NOTICE OF HAZARD ON PART OF LANDLORDS Court: Appellate Division, Second Department Cite: 2002 N.Y. Slip Op. 02638, 739 N.Y.S.2d 450 Summary: In this lead poisoning case, The Fitzgerald Law Firm,...

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