Select Case Results
Traumatic Brain Injury
Jimmy & Elena Garcia v. Lenox Hill Florist III, Inc., George Seretis
$3,000,000 was recovered for a 67 year old Queens pedestrian
who sustained severe head injuries when he was struck by a commercial van as he walked across a local intersection near where he lived. He sustained multiple skull fractures and extensive intracranial hemorrhages, requiring emergency brain surgery, and leaving him with residual cognitive deficits and memory loss. A lawsuit was brought against the truck owner and it's driver, claiming that he carelessly entered the roadway from an off-street underground parking garage, and failed to yield the right of way to Mr. Garcia as a pedestrian in the crosswalk under the Vehicle and Traffic Law [V.T.L. 1151(a)]. LeBlang Law won summary judgment against the defendants, finding them liable to Jimmy Garcia and his wife as a matter of law [Garcia v Lenox Hill Florist III, Inc., NY Slip 51592, 2013], and then successfully defended that decision before the Appellate Court [Garcia v Lenox Hill Florist III, Inc. 120 A.D.3d 1296 (2nd Dept. 2014)]. Facing a trial in which the only issue would be the amount of money to be paid to Mr. Garcia and his wife, the insurance company surrendered all of its insurance coverage in the amount of $3 million dollars.Read more
Construction and Workplace Injuries
Jacinto Urbano v. Pavarini Construction Co., Inc., Madison 45 LLC
$2,500,000 was recovered for a 41 year old demolition laborer
who was injured when the scaffold he was working from collapsed, his lifeline failed and he plunged almost 3 stories to a wooden platform below him. He sustained a skull fracture and orthopedic injuries to his knee and wrist which permanently disabled from employment. A lawsuit was brought against the building owner of the Manhattan high-rise tower where he was working, as well as the general contractor and construction manager of the construction site, alleging their failure to provide the client with suitable protection under the New York Labor Law. LeBlang Law won summary judgment against the defendants, finding them liable to Mr. Urbano as a matter of law, and then successfully defended that decision on appeal before the Appellate Court [Urbano v. Pavarini Construction Co., Inc., 16 A.D.3d 320, 792 N.Y.S.2d 425]. Facing a trial in which the only issue would be the amount of money to be paid to Mr. Urbano, the defendants' insurance companies paid him $2.5 million dollars. Read more
Ryan v. Breezy Point Cooperative, Inc.
$1,200,000 was recovered for a 57 year old laborer who was installing roof sheathing on a building under construction when the scaffold he was working from collapsed and he fell 13 feet to the ground below. He shattered the femur of his left leg requiring emergency hospitalization and reconstructive surgery. Then he underwent two additional surgeries to revise and remove the fixation hardware inserted in the leg. LeBlang Law brought a lawsuit against both the owner of the new building [Breezy Point Cooperative] as well as the company which was overseeing the project [Little Tots Red Wagon, Inc.] claiming violations of the New York Labor Law. When the owner was untimely with the filing of its answer, LeBlang Law won an Order from the Appellate Court holding them liable to Mr. Ryan as a matter of law [Ryan v. Breezy Point Cooperative, Inc., 76 A.D.3d 523 904 N.Y.S.2d 910]. That order was joined with a summary judgment won by LeBlang Law against the 2nd defendant Little Tots, finding that they failed to provide suitable protection to Mr. Ryan under the NY Labor Law. When the defendants tried (but failed) to stay the trial on damages, their insurance companies agreed to pay Mr. Ryan $1.2 million dollars. Read more
Municipal Liability & Wrongful Death
Cowart v. Metro North Commuter Railroad:
A structured settlement valued at $1,100,000 was recovered on behalf of the surviving spouse of a 51 year old railroad worker who was struck and killed by a motor vehicle operated by a fellow railroad worker. It was established that the operator was negligent in backing up the vehicle without first determining that it was safe to do so, and that Mr. Cowart’s death was the direct result of the collision. Carefully navigating the requirements of both the Federal Employers Liability Act and the laws regulating the Metro North Commuter Railroad, LeBlang Law joined with railroad co-counsel to show both significant financial damages to the surviving spouse, and, that the innocent victim had an extended period of conscious pain and suffering before death. The result was a substantial recovery for Mr. Cowart’s widow who will be collecting monthly payments for the rest of her life. Read more
Baez v. The City of New York:
$3,000,000 was recovered for the spouse of a 29 year old man who was asphyxiated and killed by a NYC police officer while being subdued during a questionable arrest. The case drew nationwide attention as a example of police misconduct when it was revealed that the 29 year old was arrested while playing football with his brothers in front of his parents home during a Christmas holiday visit. The police action ultimately led to the conviction and imprisonment of the responsible police officer for violating Anthony Baez’s civil rights. LeBlang Law was called to the scene within hours of the tragedy and over the next 4 years aggressively prosecuted the civil wrongful death action on behalf of his spouse and family. The result was the largest wrongful death settlement for police misconduct then recorded against the City. Read more
Pfeiffer v. Long Island Railroad
A $1,860,000 verdict was obtained from a Federal Court jury on behalf of a 41 year old train conductor who was exposed to an electrical explosion while he was investigating an incident which disabled a commuter rail train. LeBlang Law was brought into the case for the specific purpose of showing a causal relationship between the explosion and the late onset visual problems experienced by Mr. Pfeiffer [bilateral cataracts and glaucoma] which took more than 2 years to emerge. Liability was established under the Federal Employers Liability Act, and the battle at trial involved a furious contest between some of the leading visual and electromagnetic radiation experts in the country. Among other experts, LeBlang Law presented Dr. Basil Worgul, the Director of the Eye Radiation and Environmental Research Laboratory of Columbia University College of Physicians and Surgeons and a world recognized researcher of the effect of radiation on vision. His testimony persuaded both the Federal Court Judge and jury and led directly to the unprecedented verdict. The LIRR took an appeal of the verdict to the 2nd Circuit Court of Appeals, but decided to pay Mr. Pfeiffer before fully perfecting that appeal. Read more
Motor Vehicle Accidents
Sennett v. Horveilleur, et. al.
$800,000 was recovered for a 53 year old roadway worker who sustained a complex fracture of the foot [2nd metatarsal] following a motor vehicle collision between a U-Haul Box truck and a roadway backhoe. Plaintiff’s injury was treated with the surgical placement of a fixation pin which was then removed in a second procedure. As a result of his disability, he was forced to take a job that was less physically demanding than before the incident, and one which paid him less as well. LeBlang Law carefully guided Mr. Sennett’s claims through both the No-fault and Workers Compensation system, and then brought a lawsuit against the owner of the rental truck [U-Haul Corp.] and others whose actions contributed to the collision. The result was one of the largest recoveries for a 2nd metatarsal fracture on record. Read more
Thompson v. Kilmeade, Highlands
$575,000 was recovered for a teenage girl who sustained a fractured pelvis in a motor vehicle collision where a Jeep blew a stop-sign and struck the car she was riding in on its way to a Church function. The responsible Jeep surrendered its minimal insurance policy quickly [$25,000], presenting LeBlang Law with the challenge of identifying other insurance coverage which would permit a full recovery for this young girl. Toward that end LeBlang Law next went after a second insurance policy [$100,000] covering the vehicle the young plaintiff was riding in. That claim required a full blown SUM proceeding brought directly against the insurance company before they too surrendered their policy. Then LeBlang Law targeted a third and final insurance policy covering the Church itself. That insurer claimed that its policy offered no coverage at all under the circumstances and actually sued the youngster in a separate court action to enforce the disclaimer. Anticipating this tactic, LeBlang Law had earlier petitioned the N.Y.S. Department of Insurance for a formal opinion construing the meaning and effect of the very language which the insurance company tried to disclaim upon. In a published opinion, the Department of Insurance upheld the interpretation argued by LeBlang Law, and with that in hand the last insurance company was forced to pay an additional $475,000 [see, http://dfs.ny.gov/insurance/ogco2002/rg202081.htm ] Read more
Tsuchimoto v. Tsuchimoto
$485,000 was recovered for a 60 year old mother who was a passenger in her son’s vehicle when he violated a red light and was struck by another vehicle. As a result of the collision she sustained a fracture of her pelvis and lower leg and underwent reconstructive surgery before returning to Japan where she lived. LeBlang Law had the delicate task of representing a mother against her son where he was solely responsible for her injuries and his $500,000 policy was the only insurance available. Mindful of the sensitive cultural issues involved in such a case, LeBlang Law was able to recover nearly all of the insurance coverage without ever filing a lawsuit or making a public claim against the client’s son. Read more
Perez v. Brux Cab Corp., and Ferrara v. Castro
In these cases LeBlang Law took the insurance companies all the way to the Appellate Court in order to win the casesas a matter of law, and to force them to pay every dollar of their policies [including judgment interest of 9%]! Perez and Ferrara are examples of seriously injured clients confronted with limited auto insurance policies [$25,000], and the unfairness that this circumstance presents. Limited insurance is common on automobiles as only $25,000 is minimally required and many drivers choose the minimum because it is cheaper. In defending a minimal policy, the insurance companies often make very low settlement offers - even in the face of serious injuries. They reason that once the plaintiff’s attorney realizes how little there is to recover, they will be unwilling to invest the time and expense necessary to force the insurance company to surrender the whole amount of the policy. In Perez and Ferrara [limited policies], LeBlang Law was confronted with that routine insurance company mind set. What those companies did NOT anticipate, however, was that LeBlang Law would not stop before obtaining every dollar of coverage regardless of time or expense. After Appellate success in both Perez and Ferrara, the insurance companies paid all of the policy money - with interest! Read more
Premises Accidents
Faison v. Circle Line Sightseeing Yachts, Inc.
$425,000 was recovered for a 31 year old woman who tripped on a pothole at the Circle Line’s outdoor parking lot and injured her knee requiring surgery. The pothole had been left unrepaired for a significant period of time and that neglect was compounded by poor outdoor lighting conditions on the evening when she fell. LeBlang Law sued both The Circle Line and the operator of the parking lot, and was relentless in uncovering photographs which showed that the dangerous condition had been left unrepaired for years. The defense buckled in the face of such evidence and then tried to minimize the damages by claiming that plaintiff’s knee cartilage problems had been long standing and were minimal. That defense was discredited as well when LeBlang Law produced intra-operative photographs [from her surgery] showing traumatic injury to her knee cartilage. When the operating surgeon authenticated those photographs the insurance companies paid $425,000 to settle the case. Read more