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Noteworthy Cases

VERDICTS* and SETTLEMENTS

Mildred Hersh v. New York City Transit Authority: (bus accident) $11 million verdict for a 90-year-old woman who was run over by a bus while crossing the street. Case Details  Appeal

Carmen Valdez v. City of New York:** (police negligence) $10 million verdict for a 30-year-old student who was shot multiple times by an ex boyfriend against whom she had obtained an order of protection. Case Details

Maria Gonzalez v. Dever Properties, Inc.: (construction accident) $6 million settlement for the family of a 44-year-old construction worker who died in a scaffolding collapse. Case Details

Major Singh v. Gladys Towncars, Inc.: (car accident) $5 million verdict for a 47-year-old carpenter who was struck by a taxi cab and sustained multiple fractures and traumatic brain injury. Appeal

Anthony Deandino v. New York City Transit Authority: (motor vehicle accident) $3.3 million verdict for an iron worker who sustained multiple injuries when the motorcycle on which he was a passenger was involved in a collision with a bus.

Renata Cabrera v. New York Apple Tours: (sexual assault) $3.2 million verdict for a 30-year-old ticket employee who was sexually assaulted by her supervisor. Appeal

Pierre Regis v. City of New York: (police brutality) $3.1 million verdict for a 31-year-old nursing-home porter who was beaten by police who mistook him for a rioter during the 1991 Crown Heights riots. Case Details  Appeal

Estate of David R. v. Anonymous Defendant: (product liability) (confidentiality agreement prohibits identification of parties) $2.75 million settlement for the estate of a police officer who was unmarried and had no children. Deceased was injured and died two years later as a result of a weight lifting accident.

Ivan Carbajal v. Bobo Robo, Inc.: (negligent security) $2.3 million settlement for a 41-year-old nursing home administrator who was the victim of a brutal gay-bashing inside a nightclub. Case Details

Rafael Figueroa v. Uno Restaurants, Inc.: (Dram Shop) $2.2 million settlement for a 19-year-old student who was beaten by gang members who became intoxicated in defendant's restaurant.

Michael Ventrone v. Extell Development Company: (construction site accident) $2 million settlement for 50-year-old laborer who was struck in the head by a concrete form.

Paul Bodycomb v. Sta-Rite Industries: (product liability) $2 million settlement for a 32-year-old diesel mechanic who was severely burned by an explosion of a pump that he was using to siphon gasoline. Case Details

Lundes Garrett v. Twin Parks Northeast Site 2 Houses: (negligent security) $1.85 million settlement for a 35-year-old security guard who was shot by an intruder at the building at which he was employed. Case Details  Appeal

Paul S. v. Anonymous Contractor: (Labor Law) (confidentiality agreement prohibits identification of parties) $1.5 million settlement for a 62-year-old boilermaker who suffered a badly fractured leg when struck by metal beams from an overhead hoist.

Angel Martinez v. Scott Thompson.: (prison brutality) $1.4 million verdict (including $900,000 in punitive damages) for a 40-year-old inmate who was beaten by corrections officers and then held in solitary confinement under false charges.

Michael Hernandez v. Mel Smalls: (assault) $1.2 million verdict for a 23-year-old maintenance worker who was attacked by a rap artist with a baseball bat.

Creed Butler v. City of New York: (construction-site accident) $950,000 settlement for a 37-year-old steel worker injured when a scaffold collapsed. Case Details

Rafael Carino v. Kosmos Bidales: (negligent property maintenance) $900,000 settlement for the family of a 25-year-old immigrant factory worker who died in an apartment house fire.

Eddie Feliciano v. Conoco, Inc.: (construction-site accident) $900,000 settlement for a 19-year-old painter who fell from a platform during a renovation project. Case Details

Milton Patterson v. Rags to Riches Comedy Shop: (assault) $900,000 settlement for a 26-year-old librarian who was assaulted by bouncers. Case Details

Ronald Newman v. Dorney Park: (amusement park accident) $850,000 settlement for a 30-year-old drug counselor who was injured due to go-cart brake failure.

Alfred DiGioia v. Peter Garabedian: (assault) $850,000 verdict for a 42-year-old building porter who was attacked on the subway.

Keith Fitchett v. 433 Edgecombe Bar, Inc.: (negligent security) $760,000 verdict for 20-year-old clerk who was stabbed by another patron in defendant's bar.

Estelle A. v. Anonymous Cafe: (food poisoning) (confidentiality agreement prohibits identification of parties) $755,000 settlement for 76-year old college professor who developed e. coli food poisoning and kidney failure after eating bad guacamole at defendant's cafe.

Alexander Boadi v. City of New York: (police brutality) $750,000 settlement for a 34-year-old off-duty security guard who was beaten by police.

Bernice Horowitz v. Michael Levi: (car accident) $750,000 settlement for a 74-year-old woman who was struck by a car that was backing out of a parking space. Case Details

Sang Seok Na v. Jay Berman: (car accident) $750,000 settlement for a 44-year-old street vendor who sustained a neck injury in a car accident.

Rene Ramirez v. City of New York: (police brutality) $700,000 verdict for a 25-year-old learning disabled man who was falsely arrested and beaten by police officers. Appeal

Nicholas S. v. Toyota Motor Credit Corp.: (car accident) $675,000 settlement for a 14-year-old boy who was struck by a car while riding his bicycle. (car accident) $675,000 settlement for a 14-year-old boy who was struck by a car while riding his bicycle.

William Lenehan v. 8001 Canteena, Inc.: (Dram Shop) $625,000 settlement for a 35-year old school teacher who was assaulted by patrons in defendant's restaurant.

Benjamin S. v. Bruce Rapaport: (assault) $530,000 verdict for a 44-year-old news photographer who was assaulted following a dispute over a parking space. Case Details

Lisa Cooper Turner v. Sol Folger: (car accident) $500,000 verdict for a 29-year-old medical assistant who sustained a hand and knee injury in a car accident. Case Details

Synthia Redic v. Sinergia, Inc.: (negligent supervision) $500,000 verdict for a 20-year-old mentally retarded woman who got lost overnight on the subway while in the custody of her day-care program.

Miguel Caro v. City of New York: (police brutality) $475,000 settlement for a 30-year-old laborer who was beaten by police after being pulled over on suspicion of DWI.

Steve and Aglaia Koutsivitis: (false arrest) $400,000 settlement for husband, retired (62) and wife, home attendant (63) falsely arrested by NYPD police after a dispute in a Brooklyn strip mall.

Anthony D'Elia v. Paul Alicanti, Richard Alicanti and Victor Alicanti: (assault) $350,000 verdict for a 26-year old plumber's assistant who was beaten up by his landlords. Appeal

Djovan H. v. Kindercare Learning Centers, Inc.: (negligent supervision) $350,000 verdict for a 4-year-old boy who was digitally raped by another child at defendant's day care center.

Jose Perez v. City of New York: (police brutality) $350,000 settlement for a 43-year-old carpenter who was beaten by police in an attempt to elicit information on drug use in the neighborhood.

Ernesto Zelaya v. New York New York Auto Body, Inc. and Anthony Damato: (assault) $300,000 verdict against both defendants for a 42-year-old auto mechanic who sustained an eye injury from being choked by his boss.



APPEALS

Jose Perez v. City of New York

Mildred Hersh v. New York City Transit Authority
(Interlocutory Appeal)

Pierre Regis v. City of New York

Lundes Garrett v. Twin Parks Northeast Site 2 Houses

Rene Ramirez v. City of New York

Baltazar Mercado v. City of New York

Mildred Hersh v. New York City Transit Authority
(Final Appeal)

Darnella Myers v. 149 Automotive Inc.

Major Singh v. Gladys Towncars, Inc.

Renata Cabrera v. New York Apple Tours

Anthony D'Elia v. Paul Alicanti, Richard Alicanti and Victor Alicanti



* Verdicts may have been reduced or modified post-trial or on appeal.
** In a controversial 3 to 2 decision, the judgment in Valdez was reversed on appeal. See Valdez v. City of New York, 74 A.D.3d 76 (1st Dept. 2010), aff'd. 18 NY3d 69 (2011).