Representative Cases
Drunk Driver - Wrongful Death
Clients were a minor child and the wife of an off-duty police detective killed by an over-served, drunk driver traveling the wrong way on an interstate while the detective was responding to a call. Although the drunk driver only had minimum limits insurance, the vehicle he was driving was a rental through a relative; he obtained the rental despite having a suspended driver’s license; and after several years of discovery, the defendant finally confessed the name of the establishment where he had been over-served. Case settled for combined policy limits for the establishment and three auto insurance carriers of $1.2 million and the defendant is serving 13 years in prison.
Truck Wreck - Wrongful Death
Clients were a mother/surviving spouse and two minor children of a man killed after an inadequately secured load swung off of a 14-wheel flatbed trailer and struck the husband’s pickup truck as he was driving home from work. The last offer prior to filing suit was $0. During litigation, it was discovered that the truck driver had previously been involved in another wreck caused by an inadequately secured load that killed a woman and her child. Prior to trial, the trucking company’s carrier tendered its $4 million dollar policy to settle, which was rejected until the trucking company agreed to contribute an additional mid six figure confidential amount.
Tractor Trailer - Wrongful Death
Client was the wife of a retiree killed in a collision between his minivan, and an 18-wheeler that attempted to speed through a left turn, fast enough that the container on the trailer chassis toppled off into the intersection. During litigation, inspection records revealed a known, but unrepaired defect to the tractor’s clutch and to the trailer’s coupling system, contributing to the container falling off. Case settled for $1.6 million.
Wrongful Death – 9/11 Victims Compensation Fund
Clients, who were represented pro bono through the AAJ (American Association for Justice) Program, were the surviving parents of a young man employed with Cantor Fitzgerald, whose office was located atop the World Trade Center on the morning of the 9/11 terrorist attacks. Clients were awarded $2.8 million.
Bodily Injury - Products Liability
Elderly client purchased a “trike” unit to attach to his motorcycle. While riding his newly modified motorcycle home, a wheel weld failed, causing the motorcycle to jump a curb and the client to be thrown from the bike. Manufacturer claimed wheel weld failed because client hit a layer of pavement and asphalt curb guard ten inches in height. Client suffered fracture injuries to his right wrist, ribs and thoracic spine. Case settled for $415,000.
Motorcycle Wreck, Uninsured Motorist Bad Faith – Bodily Injury
Client injured on a motorcycle, suffers multiple femur and lower leg fracture injuries and incurs nearly $80,000 in medical expenses. Tortfeasor’s insurance carrier paid $100,000 policy limit. Client’s own UM carrier, Progressive, offered an additional $4,000 to settle, forcing client to file suit. Progressive refused to offer any more to settle, forcing client (and their own insured) to go through with a jury trial. Jury awards client $200,000, and Progressive is forced not only to pay its $50,000 UM policy limit which it should have paid up front, but a statutory bad faith penalty of $12,500.
Negligent Security - Wrongful Death
Client was the mother of a teenaged daughter invited to attend a graduation party at an apartment complex clubhouse. The party was overrun with uninvited rival gang members, resulting in a fight and retaliatory gunfire. The daughter was struck by a stray bullet and killed. The complex sought to blame the shooter, an 18 year old gang member serving a life sentence, but testimony emerged that the complex had promised to provide security for the party through a courtesy officer who was off-duty at the time of the shooting. Staff members were also aware of a gang presence at the complex. Case settled for $600,000.
Jail Suicide - Wrongful Death
Client was the longtime partner of a city employee suffering from major depression with a prior history of suicide attempts, and jailed on a felony warrant. Prior to his arrest, the decedent obtained a letter from his treating psychiatrist warning that the decedent would need to be administered psychotropic medication and placed on suicide watch. Jail intake officer noticed slash marks on the decedent’s wrists and reported it to charge nurse. Inmate was not given any medication and not placed on suicide watch, and one week later, committed suicide using his bedsheets. Case settled for $250,000.
Medical Malpractice - Wrongful Death
Clients were the mother and minor daughter of a young man addicted to opioid painkillers. The young man, who had a history of drug-seeking behavior and was already on a “do-not-prescribe” list with several local medical providers, was able to obtain a large prescription of morphine sulfate from a neurologist based on an old back injury. The young man subsequently overdosed and died. Neurologist acknowledged not doing any new or independent diagnostic testing to confirm the severity of the old back injury and need for opioid pain medication. Case settled for $250,000.
Pharmacy Malpractice
Elderly client with a history of strokes was mistakenly given water pills instead of a blood thinner previously prescribed to her. Client suffered another stroke within a matter of weeks. Case settled for $100,000.
Car Wreck - Serious Injury
Female client in her late twenties involved in motor vehicle wreck that shattered her right wrist, requiring multiple surgeries and insertion of a more than a dozen pins, and a permanent assemblage of metal webbing and wire. Client unable to turn right hand upward because of the permanent hardware. Case settled for $450,000.
Car Wreck - Bodily Injury
Clients were a husband and wife injured in a road rage incident with a second motorist. Liability was vigorously contested, with each party contending the other’s road rage led to the wreck. Wife’s medical expenses, paid through an ERISA backed employer group health plan totaled nearly $1 million, but were negotiated to a $2,500 repayment at the time case was settled. Wife’s case settled after litigation for $100,000 policy limits; property damage claim settled for $50,000 policy limits; husband’s case settled for $25,000.