DWI charges, Personal Injury claims and Criminal defense verdicts handled in New York, Queens, Nassau and Suffolk

• Undocumented Alien Worker receives $3 million settlement

Undocumented Alien Worker receives $3 million settlement
A $3 million settlement was reached prior to trial in February 2007 for the family of an undocumented alien working in the country for two months prior to his death caused by a defective scaffold.

• Jury Awards Plaintiff $875,000 In Wrongful Death

Settlement: $875,000
Case: Gunther v. Nassau County
Court: Federal District Court
Judge: None - Jury Trial
Date: 11/2003

This wrongful death action and a civil rights 1983 action was brought by our client, a 45 year old male, who died while incarcerated in the Nassau County jail where he was treated for a mental illness. The plaintiff contended that the defendant failed to provide a cell for the defendant in which he would be unable to commit suicide and failed to properly supervise him. The defendant denied liability.

The jury awarded $875,000 to our client.

• Addabbo & Greenberg Obtains $500,000 Settlement for a Construction Worker at JFK Airport
  July, 2007

Addabbo & Greenberg Obtains $500,000 Settlement for a Construction Worker at JFK Airport
July, 2007. In a building located at JFK International Airport, owned by American Airlines, Plaintiff, an Electrician was working at the site feeding cable wires through the ceiling. While walking backwards and looking up to the ceiling to assess the patch of the cable, the Plaintiff fell backwards into an unprotected elevator shaft that was under construction. Testimony at various depositions held by the Attorneys of Addabbo & Greenberg uncovered a dispute between the employees of Schindler Elevator Corp. and the contractor as to the type of barricade safety device that should be used at the shaft, resulting in Schindler Elevator Corp. employees intentionally removing the required barricades, leaving the shaft unprotected. As a result, Plaintiff fell approximately 6 feet, striking his head and injuring his shoulder. He suffered a scar on the forehead of approximately 4 inches and had to undergo arthroscopic surgery for a left shoulder impingement and partial Rotator Cuff tear. It should be noted that Plaintiff suffered an injury to that shoulder approximately 4 months before and this was a re-injury to that same shoulder. Prior to Jury selection, American Airlines and Schindler Elevator settled for $500,000.00 on July 7, 2007.

• Case Settled On January 6, 2009 For $450,000 During Jury Selection Despite Adverse Statements By Plaintiff/Pedestrian

Case Settled On January 6, 2009 For $450,000 During Jury Selection Despite Adverse Statements By Plaintiff/Pedestrian
On April 1, 2006 at approximately 8:30 a.m. in Bayside, Queens, Plaintiff, a pedestrian, was crossing the street at the corner of 214th Street and 50th Avenue. There was no marked crosswalk. The Defendant's commercial vehicle struck the Plaintiff on his left side causing severe ankle fracture requiring an open-reduction and internal fixation. Thereafter, Plaintiff had a second operation to remove the hardware. The first Police Officer at the scene recorded on the Police Report that Plaintiff was crossing the street eastbound on 50th Avenue while "he was looking for keys in his pocket". Further, the Police Officer wrote "Pedestrian stated he was not looking at the on-coming traffic when he crossed". Despite those statements, Attorney Todd D. Greenberg, after fully researching the issue, pointed out to the presiding Judge that even though there were no markings Plaintiff was legally in a "crosswalk" as that term is defined in the Vehicle and Traffic Law and the motorist had to yield the right of way. Defendant, based upon the Plaintiff's own negligence in failing to look for on-coming traffic, offered $100,000.00. During Jury Selection after further negotiations, the Defendant paid $450,000.00 in full and final settlement.

• Plaintiff v. Home Properties of New York, Inc., et al.

As reported in the New York Jury Verdict Reporter
Settlement: $100,000
Case: Plaintiff v. Home Properties of New York, Inc., et al., No. 00805054/03
Court: Nassau Supreme
Judge: None reported
Date: 3/14/2005
Plaintiff Attorneys: Todd D. Greenberg, Addabbo & Greenberg, Forest Hills, NY
Defense Attorneys: Gerald J. Gunning, Stein, Bliablias, McGuire, Pantages, Gigi, Livingston, NJ

On February 20, 2003, the plaintiff, Cynthia Godoy, 27, legal secretary, was walking on the sidewalk located outside her doorway on 20 Westwood Drive, Westbury, NY when she slipped and fell on a thin sheet of ice. She sustained fractured left ankle. Godoy sued the maintenance company, Home Properties of New York, Inc. She claimed the defendant was negligent in its maintenance of the sidewalk and that its negligence created a dangerous condition. The plaintiff claimed the pathway was not salted properly by the defendant's maintenance workers. One of the defendant's maintenance workers was claimed to say, in Spanish, by Godoy who speaks Spanish that they forgot to salt.

The defendant claimed that the walkway was shoveled and iced. He also claimed to have taken all reasonable snow removal action and that the icing, if any, was open and obvious.

Three days prior to the incident, a major snowstorm produced 13.5 inches of snow and on the morning of the incident, there was half inch of snow.

The parties agreed to a $100,000 settlement after the jury was selected.

• Plaintiff v. Otis Elavator Inc.

As reported in the New York Jury Verdict Reporter
Settlement: $400,000
Case: IX/44-23 Elevator Accident; Misleveling; Fractured Femur And Aggravation Of Preexisting Osteoarthritis
Court: Queens Suprem
Date: 3/26/92
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills

The accident occurred on 11/9/88 at the State Insurance Fund building at 199 Church St. in Manhattan.

Pltf ., a 69-year-old clerk employed by the State Insurance Fund, claimed that she tripped and fell as she entered a misleveled elevator in the building.

Eyewitness testimony indicated that there was a 1-2-inch discrepancy between the elevator and the floor.

Deft. Helmsley-Spear owned the building and Deft. Otis had a maintenance contract.

Pltf. contended that Defts. had prior notice of the misfunctioning elevator. She also contended that Otis failed to provide routine maintenance.

Injuries: fracture of the left femur requiring open reduction and internal fixation.

Two months later, Pltf. underwent the surgical removal of the implant, which had loosened. She also underwent arthroscopic surgery in the left knee. Pltf. had preexisting osteoarthritis in that knee, and her expert contended that the accident put additional stress on the knee.

Pltf. Experts: Dr. Ronald Krinick, orth. surg., Seaport Orthopedic Assoc., P.C.;
Edward Voll, elevator expert, Vertical Systems Analysis, Manhattan.

Settlement apportionment: Otis paid $300,000 and Helmsley-Spear paid $100, 000.

The State Insurance Fund settled for $100,000 for medical benefits and lost wages through Workers' Compensation.

• Plaintiffs v. Home Depot, Inc.

As reported in the New York Jury Verdict Reporter
Settlement: $625,000
Case: XVI/22-48 Assault Store Customer Punched By Other Customer At Grand Opening Inadequate Security And Traffic Control Fractured Skull, Tmj, And Post-Traumatic Stress Syndrome
Court: Queens Supreme
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Date: 8/17/98

This action settled during jury selection for $625,000. Pltf., a 44- year-old machinist, claimed that on 4/21/91 at approximately 1 PM he was in the parking lot fire zone at Deft. s store in Elmont. He claimed that Deft. failed to control the flow of traffic and provide adequate security during the store s grand opening. The fire zone was being used as a loading zone on the day of the incident. Pltf. claimed that he was unable to move his vehicle due to congestion, and that his vehicle was blocking Deft. Labrada s car as he tried to pull out of the loading zone. Pltf. claimed that he got out of his vehicle to speak with the person behind him, when Deft. Labrada exited his vehicle, ran over to Pltf., and punched him in the face. Pltf. fell as a result of the assault, hitting his head.

Injuries: acute epidural hematoma, skull fracture requiring a craniotomy; temporomandibular joint dysfunction; post-traumatic stress syndrome. Pltf. has severe scarring and discoloration from the center mid- line to the left side of his head. He claimed that he suffers dizziness, confusion, loss of consciousness, difficulties with balance, and headaches . Pltf. was unable to return to work and is receiving Social Security Disability. Settlement apportionment: $615,000 was paid by Deft. Home Depot; $10,000 was paid by Labrada

Pltf. Experts: Leslie Cole, security expert, New Jersey; Dr. M. Chris Overby, treating neurologist, Woodmere; Dr. John Kefalos, treating neurologist, Manhattan.

Deft. Expert: Henry Branche, security expert, Massapequa.

• Plaintiffs v. Trans World Airlines Inc. and V.R.H. Construction Corp.

As reported in the New York Jury Verdict Reporter
Settlement: $100,000
Case: XVI/27-14 Negligent Discharge Of Carbon Dioxide Fire Extinguishing System Liability Conceded Loss Of Consciousness, Pulmonary Injuries, And Post-Traumatic Stress Disorder
Court: Queens Supreme
Judge: Arthur W. Lonschein
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Deft. Atty: Jeffrey J. Ellis of Quirk & Bakalor, Manhattan, for Trans World Airlines (TWA)
Date: 9/17/98

Facts: Pltf., a 53-year-old electrical field engineer for Pem Electrical Corp., claimed that on 7/22/94 at 10:35 AM he suffered pulmonary injuries when the carbon dioxide fire extinguishing system discharged at Deft.'s flight simulator training facility at John F. Kennedy Airport in Queens. At the time, there was general construction in the area and the manual pull switch for the fire extinguishing system, which was tied into the carbon dioxide fire extinguishing system, was moved. During a test of the system, the carbon dioxide was allegedly "safed off." Immediately after the test, the emergency bells failed to stop ringing, and Pltf. claimed that it appeared that TWA's maintenance crew, which was in charge of "safing off" the system, had no knowledge of how the system worked and did not know how to reset it. After they pushed various buttons, they believed it to be reset. Several minutes later, the carbon dioxide fire extinguishing system discharged, depriving Pltf. of oxygen and causing him to pass out. A fellow co-worker, who had escaped and put on a mask, found Pltf. unconscious and dragged him to a stairway. Four Port Authority police officers entered with the appropriate breathing apparatus and rescued Pltf. Pltf. claimed that Deft. was negligent for its failure to properly operate the system. Deft. conceded liability, and the trial proceeded on damages.

Injuries: post-traumatic stress disorder; hyperactive airway disease; tachycardia; loss of consciousness. Pltf. was taken to Jamaica Hospital where he was discharged after a few hours. Pltf. claimed that he subsequently suffered from light-headedness, dizziness, periods of disorientation, loss of coordination, and vertigo, all of which disappeared a few months after the accident. He contended that he also suffered from extreme anxiety, feelings of helplessness, rage, panic, and extreme mental distress. Deft. argued that although Pltf. suffered from general stress, his condition was not severe enough to constitute post-traumatic stress disorder. Demonstrative evidence: photographs of flight simulator; enlargements of building plans. Specials: $5,000 for psychiatric treatment; $1, 300 for emergency room and neurological treatment. Offer: $25,000; demand: $300,000; amount asked of jury: $350,000. Jury deliberation: 4 hours. Carriers: Crum & Forster for V.R.H. Construction Corp.; United States Aviation Underwriters for TWA

Pltf. Experts: Dr. John Dellorso, internist, Jamaica; Dr. Barry H. Kaplan, internist, Flushing; Dr. John Kildahl, Ph.D., psychologist, Manhattan

Deft. Expert: Dr. James I. Hannon, psychologist, Manhattan.

• Plaintiffs v. Queens Center Mall Associates, L.P.

As reported in the New York Jury Verdict Reporter
Settlement:$237,500
Court: Queens Supreme
Judge: None - Jury Trial
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Deft. Atty: Charlene I. Lund of The Law Offices of Patrick L. MacDonell, Garden City
Date: 12/2/99

This action settled prior to jury selection for $237,500. Pltf., age 38 at the time, claimed that on 3/10/95 at approximately 8 PM, she was injured in the restroom at the Deft. Mall, located on Queens Blvd. in Elmhurst. Pltf. claimed that she observed someone mopping under the stall making the floor wet, and when she stood up to flush the toilet with her foot, she slipped and fell on the wet floor in the bathroom. Pltf. claimed that Deft. Was negligent in permitting the floor to become dangerously slippery by mopping it while customers were using the facilities. Pltf. further contended that Deft. failed to post signs warning that the floor was being cleaned.

Deft. would have argued that Pltf. observed the cleaning woman cleaning other stalls prior to using the stall in question, and that she contributed to the accident by using one foot to flush the toilet, which caused her to lose her balance. Deft. would also have denied that the floor was wet.

Injuries: herniated lumbar disc at L4-5, requiring a laminectomy and L4-5 discectomy.
Carrier: United States Fire Ins. Co.

Pltf. Experts: Pltf. would have called Dr. Robert Donadt, orth. surg., Forest Hills; Richard Berkenfeld, P.E., engineer, Great Neck.

Deft. Experts: Deft. would have called Dr. Raymond Koval, orth. surg., Elmhurst; Ronald Anderson, engineer, Inter-City Testing and Consulting, Mineola.

• Plaintiff v. Kew Gardens Company

As reported in the New York Jury Verdict Reporter
Settlement:$75,000
Case: XVIII/45-42 Falldown - Depression In Sidewalk - Comminuted Fracture Of Wrist Requiring Surgery
Court: Queens Supreme
Judge: None - Jury Trial
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Deft. Atty: Edward Rosenthal of the Law Office of Linda G. Gimble, Manhattan, for Kew Gardens;
Newmark Bennett C. Lofaro of Kral, Clerkin, Redmond, Ryan, Perry & Girvan, Manhattan, for Jack LaLanne Fitness Centers
Date: 3/26/01

This action settled prior to jury selection for $75,000. Pltf., a 36-year-old homemaker, claimed that on 10/2/95 at approximately 9 PM, she fell in front of the Jack LaLanne Fitness Center on Kew Gardens Rd. in Queens. Pltf. claimed that after exercising at the Fitness Center, her left foot caught in a depressed area of the sidewalk approximately 8 feet from the entrance of the building. Pltf. alleged that Defts. failed to maintain the plaza area in front of the building. Pltf.'s expert would have testified that the depression was approximately ¾ inch deep and 3 inches wide was caused by dripping water on wet cement.

The case against Jack LaLanne Fitness Center was dismissed on stipulation during motion practice because the lease demonstrated that the owner of the building, Deft. Kew Gardens Co., was responsible for the common area and that the tenants had no responsibility.

Deft. Kew Gardens contended that the defect was a trivial defect and was not actionable. Pltf. argued that despite the measurements of the defect, it was immediately outside the doorway of the Jack LaLanne Fitness Center, where people would normally look for transportation and it constituted a trap and a nuisance and therefore was not a trivial defect.

Injuries: comminuted fracture of the left (nondominant) wrist with multiple fragments. Pltf. underwent closed reduction on 10/3/95 and open reduction and internal fixation on 10/5/95. Specials: approximately $5,000.

Pltf. Experts: Pltf. would have called Richard Berkenfelf, P.E., engineer, of Berkenfeld-Zeolla & Associates, Great Neck; Dr. David Hsu, orth. Surg., Woodhaven.

• Plaintiff v. EM-ESS Petroleum Corp. and Citigas

As reported in the New York Jury Verdict Reporter
Settlement:$180,000
Case: 15135/97
Court: Bronx Supreme Mediator: Joseph Kunzman Mediation Company: N.A.M
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Deft. Atty: Salvatore J. Calabrese of Calabrese & Calabrese, L.L.P., White Plains, for Citigas
Rik Berkman of the Law Office of Thomas J. Leonard, White Plains,for EM-ESS Petroleum
Date: 12/11/01

The mediation resulted in an award of $180,000. Pltf., the 44-year-old owner of a lumber supply company, claimed that on 12/16/03 at approximately 9 AM, he entered the Deft. gas station located on Bruchner Blvd. in the Bronx to buy cigarettes. He claimed that while walking on the premises, he stepped into a hole where a piece of grating was missing. Pltf. claimed actual notice of the condition in that Defts. Actually created the conidtion by their overall poor maintenance of the facility. Defts. Contended that there was a high degree of comparative negligence on the part of the Pltf. in failing to see the defect. Defts. also contended that there was no notice of the defect.

Note: Pltf. had to file three separate lawsuits to trace the trail of numerous corporations to determine the ownership on the date of injury. Investigation revealed that the owner of the various corporations and the gas station is now serving a life sentence in prison for committing murder in aid of racketeering activities and for fraud involving a pump-rigging scheme.

Injuries: torn superior labrum, complete rupture of the long head of the biceps, and severe inflammation of the subacromial space of the right shoulder. On 7/29/97, Pltf. underwent an arthoscopic surgery and debridement of the glenohumeral joint, subacromial decompression, and a shaving of the under surface of the distal clavicle. Defts. contented that the way Pltf. fell could not have caused the injuries alleged. Carrier: Empire Insurance Group.

Pltf. Expert: Dr. Eric Putterman, orth. surg., East Meadow.
Deft. Expert: Dr. Martin Barschi, orth. surg,, White Plains.

• Plaintiff v. 225 Mall, L.L.C.

As reported in the New York Jury Verdict Reporter
Settlement:$75,000
Case: Falldown – Depression In Parking Lot – Trivial Defect Defense – Fractures Of Fifth Metacarpal, Right Wrist, And Fifth Metatarsal
Court: Queens Supreme
Judge: None - Jury Trial
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Deft. Atty: Richard Harms of Ohrenstein & Brown, L.L.P., Garden City
Date: 10/31/02

This case settled while defendant’s motion for summary judgment was pending for $75,000.

On 10/19/00 at about 2:30 PM, plaintiff, a 73-year-old woman, fell in the parking lot of the Waldbaum’s Supermarket located on Union Tpke. In Queens. Plaintiff was shopping with her husband when she tripped and fell due to a depression in the parking lot which measured approximately 9 inches long, 4 inches wide, and 1 inch deep. Defendants contended that they had no notice, and that in any event the defect was trivial. Defendants brought a motion for summary judgment after plaintiff was given a trail preference because of her age. Plaintiff argued that the defect was not trivial, that the defect was a trap and a nuisance in that a faded parking lot line went right over the defect, hiding it from plain view. Plaintiff also argued that photographs taken immediately after the event indicated that the defect must have been there for a length of time that would have supplied the requisite notice for defendants. Plaintiff further argued that the lines that were painted appear to be painted right over the defect which would give defendants actual notice.

Injuries: non-displaced spiral fracture of the right fifth metacarpal; Colles’ fracture of the right wrist; Jones fracture of the left fifth metatarsal through the base of the left foot. Carrier: United States Fire Insurance Company.

Pltf. Expert(s): Plaintiff would have called Richard Berkenfeld, P.E. engineer, Berkenfeld, Zollan Associates, L.L.P., Great Neck

• Plaintiff v. Canada Leasing Corp.

As reported in the New York Jury Verdict Reporter
Settlement:$250,000
Case: Mae Jacobs v. Canada Leasing Corp.; Canada Leasing Limited Liability Co., and Mid-State Management Corp., No. 11771/01
Court: Queens Supreme
Judge: Alan LeVine
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Def.Atty: Michele Schuster; Jennings, Hocket, Kannengieser, Shuster & Tafuri; Lake Success, NY
Date: None reported

Defective sidewalk leads to trip and fall.

Facts
In January 2001, the plaintiff, Mae Jacobs, 75, was leaving her apartment in Lefrak City in Queens, NY, when her foot went into a depressed and cracked area of the sidewalk immediately in front of the door. The defect was about one-foot wide by one-foot long. The defendants, the owners and management of the building, argued that the condition was open and obvious, and that Jacobs should have avoided it. Jacobs contended that there was no other exit from the building except over the defect. She also contended that it had snowed a day or two before the accident, and that a path was shoveled right over the defect, leaving her no choice but to pass over the defective sidewalk.

Injuries: Fracture, hip; fracture, radius
Jacobs suffered a grade IV displaced sub capital fracture of the right hip which necessitated a right hip hemiarthroplasty under general anesthesia with the insertion of an Austin-Moore prothesis. She also suffered a fracture of the distal radius of her right wrist. Jacobs was admitted to a nursing are facility for a program of physical and occupational therapy and rehabilitation for approximately 45 days after the injury.

Plaintiff Expert(s): Dr. Arnold Goldman; orthopedics; Manhattan, NY

Defense Expert(s): Dr. Leon Sultan; orthopedics; Franklin Square, NY

• Plaintiff v. Verizon

As reported in the New York Jury Verdict Reporter
Settlement:$250,000
Case: Scott Friedberg v. Verizon New York, Inc., f/k/a New York Telephone Company, Inc., and Michael Meilak, No. 114012/01
Court: New York Supreme
Judge: None reported
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Def. Atty: Michael M.J. Colon, Rivera, Hunter, Colon & Dobshinsky, L.L.P., New York, NY
Date: 5/13/2003

Verizon truck made u-turn, plaintiff collided with truck.

Facts & Allegations
On February 20, 2003, the plaintiff, Scott Friedberg, a 32-year-old mortgage broker, was proceeding northbound on Lakeland Avenue in Islip. A service truck, owned by defendant Meilak, was parked on the northbound shoulder of Lakeland. At approximately 10:17 a.m., Meilak pulled the Verizon truck out in an attempt to make a U-turn. The plaintiff’s vehicle struck the defendant’s truck. The defendants argued tha the plaintiff was on his cell phone at the time of the accident, and not paying attention and keeping a proper lookout. The plaintiff contended that the accident was inevitable in that the defendant make an illegal U-turn immediately in front of him and that he had no time to react.

Injuries/Damages
Fracture, radius; facial laceration Friedberg suffered a transverse fracture to the right distal radius with gross dorsal displacement and angulation. He underwent open reduction with internal fixation. He then underwent a period of physical therapy. He also sustained lacerations to his right wrist and hand and to his forehead, which left scarring.

Plaintiff Expert(s):Charles P. Melone, Jr., M.D., orthopedics, New York, NY (Todd D. Greenberg)

Defense Expert(s):Salvatore R. Lenzo, orthopedic surgery, New York, NY (Michael J. Colon)

• Plaintiff v. Rivera, Lok and Liang

As reported in the New York Jury Verdict Reporter
Settlement:$425,000
Case: Matilde Zapata, Ines Cardenas and Silva DeLarosa v. King Chee Lok a/k/a Lok King Chee, Zu Chu Liang, Fernando
Court: Queens Supreme
Judge: Thomas J. Polizzi
Pltf. Atty: Todd D. Greenberg of Addabbo & Greenberg, Forest Hills
Defense Attorneys: James J. Collins, McCabe, Collins, McGeough & Fowler, L.L.P.,Mineola, NY (Fernando Rivera);Kenneth M. Dalton, Daly, Dalton & Schermerhorn, P.C., New York, NY (King Chee Lok, Zu Chu Liang) Date: 8/10/2004

Facts & Allegations

On Dec. 6, 2002, plaintiffs Matilde Zapata, Ines Cardenas, and Silvia DeLarosa were passengers in a vehicle driven by Fernando Rivera, which was traveling northeast on Broadway at the intersection of Northern Boulevard in the Woodside section of Queens. As Rivera entered the intersection, his vehicle was struck in the passenger side by the front of a vehicle driven by King Chee Lok, which was traveling west on Northern Boulevard.

Zapata, Cardenas, and DeLarosa sued the owner of the vehicle, Zu Chu Lian, Rivera and Lok. They claimed that Lok failed to stop at the red light and was speeding. They also claimed that Rivera failed to make any evasive actions to avoid the collision.

The court would have heard testimony from the police officer who responded to the scene. He would have testified that Lok stated that the sun was in his eyes and could not see the red light.

Injuries/Damages

Zapata sustained a right anterior wall acetabulum fracture, a right ischium fracture and a bilateral superior and bilateral inferior pubic rami fracture. She also sustained a comminuted fracture of the right sacral alum. Zapata, who was hospitalized for 30 days, did not undergo surgery, however, she received two months of physical therapy and required a cane to ambulate until October 2003. Zapata claimed that she continues to suffer pain daily from the accident, which has prohibited her from taking walks.

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