Cases And Verdicts
Although the following is just a sample of some of the cases we have resolved for our clients, we do not limit our practice to large cases. In fact, since many insurance companies have refused to fairly settle many cases in which the injuries are so-called “soft tissue” injuries (strains, sprains, etc.) or the property damage is slight, many of our trials every year are against these insurance companies. We encourage our clients to try these cases rather than accept a settlement that is unfair and inadequate to compensate them fully.
Please be advised that the following are only brief descriptions of the cases. Many details were, by necessity, omitted.
SLIP/TRIP AND FALL ACCIDENTS
Truck-car crash; settlement $1,450,000
Truck collided with client’s car in Vermont, causing severe chest injuries and eventual death. Settlement was based on pre-death pain and suffering and loss of income as a discount store clerk.
Death of child in car crash; settlement $1,900,000
Our client, a 14-year-old boy was a passenger in the rear seat of a car operated by a friend when the car left the highway and rolled over. A claim against one defendant was settled for $200,000, and the remaining defendants paid an additional $1.7 million in an arbitration award.
TWA flight 800 crash; settlement
Our client was one of the victims of the TWA Flight 800 crash off Long Island, New York. Our client was on route to Paris to present his fiancé with a diamond engagement ring when the plane went down. After years of litigation, the case was settled and the parties agreed to a confidentiality agreement. The engagement ring was eventually found at the bottom of the ocean.
Amusement park accident; settlement $1,000,000
Our client was a 5-year-old boy who died when thrown from a ride at an amusement park. A lawsuit was filed against the park claiming that the ride was mechanically defective and inadequately staffed. The insurance carrier for the amusement park settled for $1,000,000.
Medical malpractice delayed diagnosis; verdict $2,200,000
From 2005 to 2013 our client was a patient at OptiCare. Our client had a family history of eye issues. She had abnormal test results starting at the initial appointment with OptiCare. She was showing signs that required a workup to rule out glaucoma. The testing technology necessary to diagnose our client was readily available in the OptiCare office and such examinations are neither costly nor invasive. Despite knowing that our client had a family history of blindness and that she had abnormally large cups within her optic nerves, a hallmark sign of glaucoma, the employees of OptiCare, at no time in between July 2005 to November 2013, administered a visual field test to rule out glaucoma. Our client was finally diagnosed with glaucoma in 2013. By that time, she was experiencing blind spots in her vision that our experts testified develop during a delay in diagnosis. Further, she was unable to drive at night. Her vision restrictions affected all of her daily activities. She was no longer able to see open doors or items on the floor when she walks into her home. And when she went into large stores or malls she had difficulty absorbing her surroundings with her vision and would become very disoriented. The jury returned a verdict in favor of the plaintiff for $2,200,000.
Failure to diagnose cancer; settlement $1,350,000
Our client kept regular appointments with his internist who failed to order test for colon cancer. Our client discovered during a routine physical exam that he had a large colon tumor. The doctor’s insurance company initially contested the matter, but eventually agreed that a sigmoidoscopy test would have detected the cancer in time to have cured it. The case settled for $1,350,000.
Bladder perforation; settlement $300,000
During a hysterectomy, the surgeon negligently perforated our client’s bladder. To correct the mistake the surgeon accidentally sewed the client’s vaginal cuff to her bladder. It took the next two years to correct the mistake, and resulted in scarring and permanent numbness to the patient’s thigh.
Knee surgery infection; jury verdict $385,000
Our client underwent surgery for degenerative knee condition. The surgery was successful but left the client with an infection in his knee joint. The infection progressed to the point where another surgery was needed. The insurance company refused to settle the case and the jury awarded the client $385,000.
Misdiagnosed kidney cancer; verdict $429,000
Our client was 47 years old and his urologist misdiagnosed kidney cancer that had spread to other parts of his body. As a result of the misdiagnosis, our client died. A jury returned a verdict of $429,000 based on the client’s limited life expectancy.
Failure to diagnose kidney disease; settlement $200,000
Our client lost a kidney because her internist failed to take the necessary test that would’ve revealed a disease that if caught early enough would have been curable. Even though our client functioned well with the remaining kidney, the insurance carrier agreed to pay $200,000 as a settlement.
Tractor-trailer collision; mediation $500,000
Our client was rear-ended by a tractor-trailer that pushed her vehicle into another motor vehicle. The collision occurred on Interstate 84 in Waterbury when our client was slowing down for a construction zone. Following the crash, our client was helped out of her vehicle at which point she realized she could not stand and that she had fractured her ankle. She also suffered fractured ribs, neck pain, back pain, chest pain and headaches. Our client required two surgeries on her ankle. The first surgery required screws to be inserted into her ankle and the second surgery was to take out some of the screws because she was in unbearable pain. Despite the second surgery, she still experiences pain doing simple things such as walking up and down the stairs. The case was settled at mediation for $500,000.
Admitted liability motor vehicle accident; jury verdict $63,000
Our client was injured when the defendant rear-ended a truck and then spun into our client who was traveling in the opposite direction. It was a moderate driver’s side impact. Our client was treated four days later with her primary care doctor, and then went to a chiropractor for back pain. She went to an orthopedist twice for pain in her foot. She had physical therapy shortly after the accident to her left arm because she hurt her left elbow. The defendant’s insurance company argued that our client’s back problems were preexisting and were not made worse by the accident. There were $13,000 in medical bills. The jury awarded the entire $13,000 in medical bills and another $50,000 for noneconomic damages for a total verdict of $63,000.
Rear-end collision; jury verdict $70,000
Our client was rear-ended on a highway on-ramp. The collision was a moderate impact. As a result of the accident, our client injured her neck, back and both shoulders. Three days after her 2015 accident, she was presented to the urgent care for neck, back, and shoulder pain. She then followed up with an orthopedic doctor who referred her to physical therapy. She was only able to do a few weeks of physical therapy because she could not financially afford to continue. A few months later she began physical therapy again, but had to discontinue, again, because of financial constraints. All of her treatment resulted in approximately $4,100 in medical bills. The insurance company argued that she was not that injured in this accident and her injuries were from a significant prior motor vehicle accident in 2007 in which she injured her neck. The jury awarded a verdict of $70,000 on behalf of our client.
Left-hand turn into oncoming traffic; arbitration award $900,000
Our client was involved in a significant head-on collision when the defendant was attempting to make a left-hand turn in front of our client causing the accident. This significant impact resulted in our client suffering from fractured teeth, a neck injury, left shoulder injury, fractured manubrium, fractured rib, traumatic bruising and hematomas from his seat belt, and most notably, a left knee injury. The blunt force trauma brought about internal derangement of the left knee that ultimately required two separate surgeries. The first surgical intervention attempted to arthroscopically repair the meniscus and other knee components with little success. Following that, our client’s doctor recommended a total knee replacement to address the ongoing complaints of knee pain, limitation and discomfort. The case was arbitrated. At the point of arbitration, our client had undergone the knee replacement procedure that was recommended by his treating doctor and was in the process of recovery. Our client had incurred over $160,000 in medical expenses at the time of his arbitration. The arbitrator issued a final decision that resulted in a $900,000 award for our client.
Bus accident; jury verdict $1,890,000
Our client, a 12-year-old boy, suffered brain injuries when the bus he was riding rear-ended a stopped tractor-trailer on the highway. The impact threw him forward and impacted the metal-plated seatback in front of him. The insurance company for the bus refused to settle the case for a fair amount, and after five weeks of trial, the jury returned the verdict of $1,890,000.
Minimal damage/low-impact claim; jury verdict $315,000
Our clients, a mother and her two children, were passengers in a car that was rear-ended by a person who claimed she slid on black ice. The collision resulted in minor property damage. The defense hired an engineer who claimed the impact occurred at just over 4 mph and therefore our clients could not be injured. The court precluded the expert from testifying as to his opinions regarding the force of the impact and the unlikelihood of injuries. The insurance carrier offered a total of $61,000 for all three plaintiffs. A jury awarded a total of $315,000.
Minor impact; jury verdict $224,000
Our client was rear-ended resulting in a minor impact with low property damage. The insurance company for the other driver denied responsibility even for the property damage. Our client was willing to settle for $5,000, but the insurance company offered only $3,000. The case was tried and our client recovered $224,000 from the jury.
Minor car accident; jury verdict $249,000
Our client was hit from the side as she was traveling on the road around the Danbury Mall. Our client was treated primarily by her chiropractor and incurred $38,000 in bills. According to her chiropractor, she later developed fibromyalgia. The insurance company for the other driver never made an offer to settle. The jury awarded $249,000.
Low impact; jury verdict $88,000
Our client was hit from behind at low speed resulting in little property damage. Although she recovered from her initial injuries, she developed thoracic outlet syndrome years later. While her neurologist said the syndrome was likely caused by the accident, the insurance company hired its own doctor who said it was not. The insurance company refused to offer more than $15,000. The jury awarded $88,000.
Bus/auto collision; settlement $285,000
Our client was rear-ended in a chain reaction by a Greyhound bus, resulting in permanent disability to his low back.
Golf cart accident; arbitration award $300,000
Our client was in a golf cart that was struck from behind by another golf cart. His cart was pushed forward 10 feet. The accident caused disk herniations in his neck, requiring surgery. The case was submitted to binding arbitration with a high of $300,000. The arbitrator awarded the maximum.
Tractor-trailer/car accident; arbitration award $805,000
Our clients were traveling on Interstate 84 when they were struck from behind by a tractor-trailer. Our client injured his shoulder, neck and low back. He ultimately had shoulder surgery and incurred bills of $30,000. His wife also hit her face on the dashboard and had surgery and incurred $55,000 in medical bills. After jury selection, the parties agreed to arbitration and the arbitrator awarded $805,000.
Rear-end car accident; arbitration award $225,000
Our client was struck from behind by another car. Although his car had less than $1,000 in damage, the impact caused a torn rotator cuff for which he required surgery. An arbitrator awarded our client $225,000.
Automobile accident; settlement $225,000
Our client was taking her child to the doctor when the defendant made an illegal left turn in front of their car. Our client suffered back and knee injuries. After knee surgeries, our client was left with a permanent knee condition that prevented her from working full time. Our client incurred $50,000 in medical bills. The insurance company hired a doctor who claimed the knee injury was not due to the accident and offered $15,000 to settle the case. The case was brought to mediation and the recovery of $225,000 was recovered.
Car accident; arbitration award $249,000
Our client was injured when another driver lost control of her car causing our client to strike her head on the driver’s side window. Although the initial medical test showed a soft tissue neck injury, our client continued to complain of severe headaches. Our client was eventually diagnosed as suffering post-traumatic stress disorder that caused her to relive the horror of the accident. The insurance company refused to settle, but an arbitrator awarded $249,000.
Minor car accident; jury verdict $136,000
Our clients were in their van with their children when another car suddenly pulled from the roadside onto the highway grazing our clients’ van. Our clients suffered neck and back strains and a minor jaw injury. At trial, the defendant contended that because of the minimal damage for to our clients’ car ($100), the couple could not have been injured. A jury awarded them $136,000.
Minor car accident; jury verdict $315,000
Our client was rear-ended at a low speed by an inattentive driver. Our client suffered a chronic back injury that required pain injections every six to eight weeks. Although the insurance company hired an engineer to testify that the collision was unlikely to cause any injury, we were successful in keeping that testimony out of the case as an inherently unreliable expert opinion. The jury awarded our client $315,000.
Hit-and-run case; jury verdict $329,000
A young woman who suffered herniated disk in the neck in a hit-and-run case was given a jury verdict of $329,000.
Motor vehicle accident on New Year’s eve
$1 million settlement for high school track star injured when the car she was a passenger in rolled over requiring fusion surgery to her mid and low back.
Head-on collision on a cold snowy day causes fractures to knees, femur, and sternum, resulting in $600,000 settlement at mediation.
Intersection collision after running a stop sign causing head injury with severe headaches, resulting in $425,000 settlement.
Wrong-way driver causes head-on collision with police officer. Torn ligament in knee requires surgery and one year of lost wages. $450,000 settlement after jury selection.
SLIP/TRIP AND FALL ACCIDENTS
Fall down an open hatchway; mediation $600,000
Our client fell down an open hatch inside a restaurant while she was in the process of looking for a table. The defense argued that the open hatch was surrounded by tables and that our client had to move one of the tables in order to fall, therefore they were not liable. Our client broke her leg and ankle as a result of the fall. She had to undergo surgery and then spend time in an inpatient rehabilitation facility. Eventually, she will need a knee replacement as a result of the injuries from the fall. She had to miss three months of work. Her total medical bills were $96,794. She was also evaluated to have a permanent injury to her leg from an orthopedic surgeon. In addition, she had significant scarring as a result of the surgery. After a full day mediation, the case was able to be resolved in favor of our client for $600,000.
Ladder slips on icy roof resulting in traumatic fall; jury verdict $1,000,000
Our client was performing odd jobs and handyman services when he was called by the defendant, a commercial property owner, to take a look at her property in Waterbury to determine the origin of a roof leak and see if he could repair it. Our client arrived at the property alone and began to set up his own ladder against the two-story building. After making sure the ladder was secure, he began to climb his way up toward the roof. After reaching the top of the ladder, our client noticed snow and ice on the roof. Realizing he was not equipped to handle the situation, he took a couple of steps down. His ladder suddenly slid along the roofline and he fell approximately 18 feet to the pavement below. He landed with both feet on the pavement surface but unfortunately, the force of his fall shattered both of his legs instantaneously. Our client laid there on the ground, calling for help, for quite some time until someone overheard him and contacted emergency services. These tragic injuries brought about several years of surgeries, rehabilitation, great pain, discomfort and setback. The jury awarded a verdict in the amount of $1,400,000. Due to the jury allocating some responsibility to the plaintiff, the final verdict was $1,000,000.
Slip and fall on ice; jury verdict $615,000
Our client fell on a two-inch-thick piece of ice on the walkway leading to his apartment and injured his low back. The ice was the result of a snowstorm from the night before. Our client suffered two herniated disks in his low back, which required surgery. He incurred approximately $87,000 in medical bills and had a permanent injury to his back. He also lost wages of approximately $33,000. Prior to trial, the client offered to settle his case for $100,000 and the insurance company offered only $15,000. A jury returned a verdict of $615,000.
Slip on the water at a hospital; jury verdict $370,000
Our client was visiting her mother in the hospital when she slipped on an area recently wet mopped by the hospital porter. She suffered a knee injury that required surgery and chronic pain to her thigh. She incurred $38,000 in medical bills. The hospital denied liability and took a no-pay position, claiming that the porter placed a wet floor sign in the doorway when he did not. The jury awarded $410,000 that was reduced by 10% for the plaintiff’s contributory negligence.
Slip and fall on ice; settlement $175,000
Our client slipped and fell on ice on the steps of her rented apartment, hitting her back against the concrete steps. Her physician discovered two herniated disks in her neck and despite two operations, she was left with a permanent impairment and $32,000 in medical bills. For years the landlord’s insurance company placed blame for the accident on our client and refused to settle. One week prior to trial the case settled for $175,000.
Slip and fall; verdict $259,000
Our client, a bread deliveryman, made delivery to a 24-hour diner where he was required to use a narrow rear delivery entrance. He slipped and fell on ice. He suffered a knee and back strain and later required surgery for a tear to a ligament in his knee. The insurance company refused to settle, and a jury awarded $269,000.
Trip and fall; verdict $91,000
Our 60-year-old client was attending a wedding, and while returning to her table she tripped on an electrical outlet and broke her arm. Although our client’s medical bills were only $2,000 she suffered a permanent injury to her arm. The jury returned its verdict for $91,000 on the basis that the reception area was overcrowded forcing guests to walk in the area where our client fell.
Trip and fall over orange safety cone; jury verdict $39,000
Our client was walking from the parking lot of a hospital when she tripped and fell over an orange safety cone on the sidewalk. She suffered a bruise to her head and a neck strain. Her doctor assigned her a minor impairment to her neck. The hospital refused to settle, and the jury awarded our client $39,000.
Slip and fall; settlement $75,000
Our client slipped on ice leading to the building where she worked, falling and injuring her back. Although she previously sustained a back injury in an automobile accident two years before, her fall severely aggravated her back condition and caused her to seek additional treatment. It was discovered that she sustained a herniated disk in her back. A lawsuit was filed on her behalf and the case was settled for $75,000.
Slip and fall on water, slime and sludge from poor drainage area at condominium complex requires surgery to ankle, settled for $155,000 after mediation.
Pedestrian accident; arbitration award $1,000,000
While crossing the street after visiting a hospital, our client was struck by a hit-and-run driver and thrown approximately 15 feet in the air over another car. Her severely broken leg required surgical implanting of pins and screws, which resulted in the shortening of her leg by several inches. She incurred $100,000 in medical bills and was out of work for six months. Fortunately, because our client had uninsured motorist coverage, she was able to make a claim against her own insurance company. An arbitration panel awarded her $1,000,000.
Bicycle-car accident; settlement $1,400,000
Our client was a young child who darted out from a street and was struck by a car that was speeding, resulting in severe brain damage. Evidence was developed of the continuing cost of care of the child. The case settled just before jury selection.
Child injured at play; structured settlement $180,000 (present value)
Our client was a young child who was over at a friend’s house to play. Our client hit his throat on the edge of a picnic table, suffering severe injuries to his throat and voicebox. Evidence developed showing that the adult at home did not supervise the children properly and was drinking at the time. The case settled for a present value of $180,000 with a structured settlement totaling over $375,000 in payments over time.
Worker poisoned by defective forklift; settlement $640,000
Our client suffered brain damage from exposure to carbon monoxide fumes emitted from a dangerous forklift. Up until the time of trial, the insurance company refused to settle for a fair sum, but after jury selection, the case was settled for $640,000.
Train/truck crossing accident; settlement $750,000
Our client was injured on a commuter train when it collided with a truck that was stuck on the tracks at a crossing. Our client suffered injuries to her shoulders and knees, requiring surgery. Her medical bills totaled $110,000. The case was mediated and settled for $750,000
Train derailment in Arizona; settlement $150,000
Our client was traveling on a train going through Arizona when the train derailed. She suffered a nonsurgical herniated disk and was treated for chronic pain. The case was brought in Connecticut federal court and was settled before trial for $150,000.
Victims of a bar fight; verdict $69,000
Our clients were assaulted by other patrons at a bar, inflicting lacerations and contusions. A lawsuit was filed against the bar for its inadequate training of its bouncer. The insurance company for the bar took a no-pay position. The jury returned a verdict of $69,000.
Improper left-hand turn causes treatment to wrist with surgery for roofer and impairs the ability to work. Arbitration procures $185,000 award.