Recent Published Jury Verdicts & Settlements

 

$4.25 Million Pre-Trial Settlement for 44 year old man in motor vehicle accident...read more

 

$2.5 Million jury verdict after a 3 day trial...read more

 

$2.45 Million Pre-Trial Settlement read more

 

$1.975 Million Pre-Trial Settlement for 50 year old man who claimed back injuries in motor vehicle accident....read more

 

$1.375 Million Jury verdict ... read more

 

$1.3 Million Jury Verdict for 35 year old man, in a soft tissue read more..

 

$1.25 Million Settlement read more..

 

$1.2 Million Jury Verdict read more...

 

$960,000 Judicial Award read more...

 

$850,000 Jury Verdict read more...

 

$500,000 New York County Pre-Trial Settlement read more...

 

$400,000 Jury Verdict read more...

 

Ogen and Sedighati Verdicts page

Verdicts & Settlements

 

PRE-TRIAL SETTLEMENT

$4.25 Million Pre-Trial Settlement for 44 year old man in motor vehicle accident, who sustained cervical and lumbar herniations, with minimal and sporadic treatment, which ultimately required surgery.  Defendants’ counsel and carrier, who initially argued that these were mere “soft tissue” injuries, sustained in an accident that required no tow, no ambulance, and no emergency room care, where claimant returned to work shortly after the accident, also argued that the surgery was not related to the accident as the claimed injuries were pre-existing and degenerative, and that he had made a good recovery.  Nevertheless, a recovery of $4,250,000.00 was obtained for the client.

- Rafael B. v. E.S.

PRE-TRIAL SETTLEMENT

$2.76 Million Pre-Trial Settlement

for 63-year-old man for degenerative neck and back injuries.  MRIs showed bulging discs.  Client returned to work after accident.  Low impact/minor property damage accident.

- Doe v. UPS

JURY VERDICT   
$2.5 Million jury verdict after a 3 day trial, against the MTA/NYC Transit Authority for a woman who sustained a shoulder impingement (no tear) witharthroscopic surgery resulting from a motor vehicle accident. She also had a disputed cervical disc bulge/protrusion (3 months of therapy, with no surgery recommended).  This remarkable verdict came despite many weaknesses in the case, including: no ambulance and no hospital from scene, no injuries reported on the police report, no evidence of any property damage, no lost work claim (she returned to work 1 week after the accident), and most significantly, that Plaintiff had not treated for the 3 years prior to the trial, other than the initial 3 months of treatment.  Defendants’ orthopedist and neurologist doctors, who had examined her, testified that there was nothing wrong with her and that any symptoms were from an unrelated carpal tunnel condition for which she had surgery following the accident. We asked for an award of $1 Million.  Together with the interest, as we had previously made a motion for summary judgment on liability over 2 years prior to trial, the Judgment is expected to exceed $3 Million.  Initial offer was $2,500, raised to $35,000 after litigation, and then to $125,000 prior to trial. 
- Michelle T. v. MTA and NYC Transit Authority

PRE-TRIAL SETTLEMENT

$2.45 Million Pre-Trial Settlement for 42 year old police officer.
When we took this case, Defendants' insurance company did not want to pay one (1) cent. We got them to pay our client $2,450,000.00 without the risk or expense of a trial. The case was noteworthy for the many problems that had to be overcome, including:

(1) The Defendant claimed that THE ACCIDENT WAS 100% OUR CLIENT'S FAULT, because she suddenly pulled out of a parking spot and collided with the defendant's vehicle that was going straight, with the right of way;

(2) IT WAS A LOW SPEED, MINIMAL IMPACT ACCIDENT, WITH MINIMAL PROPERTY DAMAGE to either vehicle. Both vehicles just started from a stopped position only a few feet before the contact and the Defendant was going less that 1 mile per hour. In fact, he didn't even realize a contact had occurred until the plaintiff followed him to tell him. Both vehicles were driven away from the scene.

(3) THE CLIENT HAD NEARLY IDENTICAL MRI FINDINGS FROM BEFORE THE ACCIDENT Both the prior neck MRI and the one taken after the accident showed the same bulging discs with degeneration and osteophyte formation. Moreover, she also had treatment and lost time from work for this same complaint before this accident

(4) DEFENDANT'S DOCTORS THAT EXAMINED OUR CLIENT SAID THAT SHE IS NORMAL AND WAS NOT INJURED FROM THIS ACCIDENT. Their doctors determined that her MRI films showed degeneration and desiccation, which is from a long time ago and cannot be from an accident. Defendants also claimed that after the accident the client went back to the same position at work, her MRIs and nerve testing were essentially normal following the accident. Not only that, she had very minimal therapy after the accident and large unexplained gaps in her treatment. The doctors stated that she had completely resolved and did not need any further treatment or any surgeries. Despite all the problems with the case, our office convinced Defendants' insurer to pay our client $2,450,000.00. This victory is all the more remarkable, because the Defendants have nothing to lose by going to trial and trying to convince a jury that the accident was our client's fault and/or that the injuries she is claiming are not from this accident. In that case Defendants would not have to pay anything, or pay much less.

- Doe v. A. Duie Pyle, et al.

PRE-TRIAL SETTLEMENT

$1.975 Million Pre-Trial Settlement for 50 year old man who claimed back injuries in motor vehicle accident.  Defendants denied any liability, and further, claimed that Plaintiff’s condition was due to degenerative pre-existing conditions, that the surgery Plaintiff underwent was unnecessary, that Plaintiff did not require any ongoing medical treatment, and that Plaintiff was able to work.  A $1,975,000 settlement was reached prior to trial.

- Glenn D. v. Doe Corp.

PRE-TRIAL SETTLEMENT

$1.8 Million Settlement for 54 year old Iranian who claimed she slipped and fell on ice/snow in parking lot. Defendant claimed no defective condition, parking lot was impeccably plowed, that she was responsible for her own fall, she suffered no causally related injuries as all of her conditions were pre-existing and degenerative, she had made a good recovery, and the fall could not have been serious as she did not immediately go to a hospital. Initial Offer: $150,000. (6th largest NY premises settlement in 2016.)

- Doe v. Crown International

JURY VERDICT

$1.6 Million jury verdict obtained in July 2014 for a 35 year old man who was a pedestrian involved in motor vehicle accident with a yellow taxi. Defendants argued that plaintiff pedestrian was fully responsible for the accident in not carefully crossing and by running into the taxi. The Jury rejected that argument and awarded 100% liability against the Defendants. Plaintiff alleged a disc bulge and a shoulder ligament tear. Defendants argued that the MRIs showed no injuries whatsoever and that at most, plaintiff had mere soft tissue injuries which had fully resolved, and moreover that he had been able to return to work shortly after the accident. They argued to the Jury that they should award no money whatsoever. The Jury found that plaintiff sustained a significant and permanent limitation and injury and awarded $1.6 Million. ($300,000 above what Plaintiff had requested). American Transit Insurance Company's valuation of the case and best offer before trial was $40,000 The Appellate Court has sustained the resulting judgment at over $1.8 Million in its entirety. See decision here. {LINK TO ATTACHED DECISION}

- Quijano v. Amer. Trans. Insur. Co.

PRE-TRIAL SETTLEMENT

$1.5 Million Pre-Trial Settlement involving rental vehicle from a major rental car company in a one car accident. Due to Graves Amendment (a Federal Law passed in 2005 that grants immunity to rental car companies from lawsuits beyond the state minimum insurance limit), the rental car company maintained that they were only liable for the $25,000 minimum policy limits. We succeeded in compelling a settlement of $1.5 Million despite their defense of being shielded by the Graves Amendment, without going to trial.

JURY VERDICT

$1.375 Million jury verdict for a 39 year old unemployed man in a soft tissue motor vehicle case, where Defendants alleged no property damage to either vehicle, no complaints of injury or pain made at the scene, no ambulance, no hospital, 1st visit was to chiropractor for neck & back only, and no medical doctor seen for 3 weeks after accident. Also, no lost wage claim, minimal & sporadic treatment with significant gaps. Defendants alleged that they had no liability, and injuries, if any, were not from this accident. Defendants' doctors testified that Plaintiff's examination was completely normal. Defendants' radiologist testified MRI films showed normal findings with degenerative pre-existing conditions. Client had a prior auto accident with injury to same body part with surgery. Nevertheless, we convinced the jury to award $1,375,000. (Insurance company offered no money and maintained a zero-pay position through the time of verdict.)

- Becerra v. Almonte-Upia

PRE-TRIAL SETTLEMENT

1.3 Million Pre-Trial Settlement, full policy tender, for 50 year old undocumented immigrant in minimal impact motor vehicle accident ($638 property damage to the vehicle she was in, very minimal visible property damage—see property damage photos), no injuries reported at scene, no ambulance, no hospital, waited almost 1 month after accident to see her first doctor (while continuing to work full time), large unexplained gaps in treatment, MRI showed bulging disc. Insurance carrier USAA initially valued at $7,500, then raised offer to only $50,000 after her surgery (which was several years after the accident), as they argued that the surgery was unnecessary and not causally related to the accident. Their doctors stated that their examinations were normal and any symptoms were due to degeneration or unnecessary surgery.

- Doe v. Anderson

JURY VERDICT
$1.3 Million Jury Verdict for 35 year old man, in a soft tissue, no surgery, motor vehicle case, where Defendants denied any liability, there was no lost wage claim, majority of Plaintiff’s treatment was therapy during first 6 months, with minimal and sporadic treatment with large gaps thereafter, where claimant returned to work after a few months, Defendants’ doctors testified that their physical examinations were completely normal and Defendants argued he had the same injury, from a prior automobile accident from a few years prior to this accident, where he treated for the same body parts. This verdict came despite Defendants highlighting that Plaintiff had failed to disclose to his treating doctor that he even had a prior injury. Of note, we suggested an award to the Jury of $1 Million, yet they awarded $1.3 Million. (The insurance companies involved valued the total case at $40,000.)

Update: In June 2012, the Appellate Division, First Department sustained the award at over $1 Million, one of the highest awards ever in New York State for a non-surgical herniated disc. State Farm Insurance Company has now been forced to pay over $1.38 Million, inclusive of interest and costs. Click here for the Appellate decision:

- James v. Farhood.

PRE-TRIAL SETTLEMENT

$1.25 Million Pre-Trial Settlement for 52 year old motorcyclist injured in a Suffolk County case where the insurance carrier disputed liability.  Full policy tendered and settlement was reached before any discovery, or even a single deposition was held.

-Robert J. v. G.P.

SETTLEMENT

$1.25 Million settlement with insurance agent and broker, where insurance company vigorously denied any insurance coverage to homeowner following a fire. Policy limit for home was $525,000. Insurance company, agent, and broker had all previously denied responsibility with regard to homeowner’s claim, and maintained a no-pay position.

- Levi. v. Utica First Insur. Co.

JURY VERDICT

$1.2 Million jury verdict for a 43 year old taxi driver, in a soft tissue, no surgery, motor vehicle case, where Defendants denied any liability, almost all of client's treatment was solely with a chiropractor for his back, and no medical doctor was seen until 3 months after the accident. No lost wage claim was made and there was only minimal & sporadic treatment with significant gaps. Moreover, Defendants' doctors testified that the client did not sustain any injuries at all. Defendants' radiologist testified CAT scan of back was normal for a person of client's age. He also testified that, in any case, there was no impingement and therefore there could be no pain. Nevertheless, we convinced the jury that Defendants were 100% responsible for the accident, and persuaded them to award $1,200,000 in damages. The award was for pain and suffering only, and did not include any medical costs. (Insurance company valued the case at $7,500.)

- Deshommes v. Ramdass

Update: Following this verdict, which was one of the highest ever for pain and suffering for this type of injury, the Defendants appealed the verdict, arguing for a new trial, or drastic reduction of the award. The Appellate Court often grants such appeals to defendants, or typically reduces the amount to the $100,000 – 200,000 range. In our case, we convinced the Appellate Court to direct an award of $700,000 (one of the largest amounts ever for this type of injury, for pain and suffering only), plus considerable interest, for a total of over $800,000 to our client. Click here for

the Appellate decision:

PRE-TRIAL SETTLEMENT

$1 Million Pre-Trial Settlement for full policy limits, plus full “Med-Pay” policy tender, for a hotly disputed liability case where client claimed she burned her hand in the bathroom sink of her boyfriend’s New Jersey apartment at 2 am. Claim was initially denied in its entirety. Defendant disputed any liability whatsoever and even brought a third party claim to divert blame. Defendant’s counsel subpoenaed hospital medical providers to show inconsistency in client’s version of how the accident occurred. Client was working full time with no restrictions and defense liability doctor said that she had made a good recovery and didn’t need future care. Nevertheless, the full policy limits of $1 Million plus full Med Pay policy was obtained for the client.

- J.S. v S.W.

SETTLEMENT

$1 Million policy limit tender in Queens county case against Enterprise Rent a Car (ELRAC) involving 2 middle eastern women. Defendants argued that injuries, if any, were pre-existing and degenerative, and that Plaintiffs had both returned to full time jobs and had completely recovered. Defendants even argued, based on eyewitness testimony, that one of the Plaintiffs had not even been in the car at the time of the accident. Nevertheless, we were able to recover the full policy limits for our clients without having to go to trial.

-MG and MD v. ELRAC

JUDICIAL AWARD

$960,000 Judicial Award for a 37 year old EMS worker that was rear ended and sustained bulging discs in her neck and back. There was minimal damage to both vehicles involved. Plaintiff never had surgery and surgery was never recommended for her soft tissue injuries. Defendant’s vehicle had no insurance coverage. Our office successfully collected the full uninsured motorist (UM) policy limits from Plaintiff's vehicle’s insurance coverage and then continued to go after the defendants personally for the balance.  Plaintiff entered judgment in excess of one (1) Million dollars against the defendants.

- Rusnak v. Beltran Auto Repair et al.

SETTLEMENT

$940,000 settlement (600% return) negotiated on a client’s share of real property through aggressive litigation.

- Doe  v. J.W. Mays

SETTLEMENT

$900,000 settlement in a case involving an employee injured on the job (ordinarily barred from suing the employer), wherein we successfully held the tenant (a related but separate corporate entity from the employer) liable for the client’s injuries.

- Neumaier v. Durst

JURY VERDICT

$875,000 jury verdict for a 32 year old man in a motor vehicle case with no complaints of pain at the scene, no ER. He first went to a doctor approximately 1 week after the accident. He had 2 months of therapy following the accident, and then a few sporadic dates of treatment, with large, unexplained gaps in treatment. Defendants’ expert opined that he did not suffer any injuries in the accident and that he was completely fine. Defendants introduced evidence regarding a prior accident where he treated for injuries to the same body parts in order to impeach our client’s testimony on the stand regarding his prior accident, arguing that in any case, these were “soft tissue” injuries. Defendants disputed any liability in the case. State Farm’s offer after arthroscopic surgery: $30,000; offer right before trial: $65,000. State Farm refused to tender their $100,000 policy prior to verdict. The other carrier involved was GEICO, who maintained a no pay position as they denied any liability. However after a liability verdict, they tendered their $25,000 policy. At the damages trial, we convinced the Jury to award him $877,000. (Thereafter, State Farm not only tendered their $100,000 policy, but actually offered $225,000, so that the client would end up with a total of $250,000.)

-Doe v. Angelastro

PRE-TRIAL PRE-DISCOVERY SETTLEMENT

$850,000 Pre-Discovery Settlement 

for Estate of 58 year old man who died while on railroad tracks.  Recovery was questionable as economic damages were low and a significant avenue for Conscious pain and suffering recovery was unavailable as he had died instantaneously.   Settlement was in addition to over half a million dollars in other benefits and payouts received by the Estate’s beneficiaries. 

-Estate of Doe v. Metro North RR

JURY VERDICT

$850,000 for a 49 year old unemployed man in a soft tissue (no surgery) motor vehicle case, with minimal property damage (scratches to plaintiff's bumper cover). No complaints of pain at the scene, no ambulance, no hospital. Plaintiff first sought medical attention nine days after the accident with a chiropractor. Treatment thereafter was sporadic and minimal. Defendant argued no injuries sustained from the accident and no lost wages. Defendant's radiologist testified that plaintiff's back condition was pre-existing and degenerative in nature, and not traumatic. Who also testified that, in any case, there was no impingement and therefore there would be no pain. The insurance company's doctor stated that the plaintiff was not injured and was completely normal. He testified that his examination confirmed that the plaintiff was just a complainer and exaggerating his symptoms, which were physically impossible. Nevertheless, we convinced the jury to award $850,000. (The insurance company had valued the case at $6,000.)

- Goundji v. Ahmad

PRE-TRIAL PRE-DISCOVERY SETTLEMENT

$825,000 Pre-Discovery Settlement for 53 year old immigrant who claimed she tripped and fell on a carpet at Defendant’s supermarket. She continued shopping and did not report the accident until 1 month later, and did not go to the hospital. Plaintiff had multiple falls in the years prior to the accident for which she was actively treating up until the very day of the accident for the same exact body parts she claimed she reinjured. Defendants claimed there was no way to prove the accident happened, no notice nor proof that a defect existed, and in any case all of her injures pre-existed her accident and there was no change in her complaints or physical condition from prior to the accident. (10th largest NY Premises case settlement in 2016.)

-Doe v. C & R Food Corp.

JURY VERDICT

$750,000 Settlement Where Defendants and 3 Eyewitnesses Blamed Our Client 100%: Recently, we were victorious in a very challenging motor vehicle accident case involving our client bicyclist and an MTA Access a Ride van. Defendants claimed that the accident was our client’s fault and introduced testimony not only from their driver, but from three completely independent witnesses, who all testified that our client was riding his bike erratically, lost control, and actually crashed his bicycle into the rear of Defendant’s stopped vehicle. The three witnesses included two of the Access a Ride passengers and one eyewitness on the street. They all backed up the driver’s version. Defendants denied any liability at all. Based on all of this overwhelming evidence against our client, MTA Access a Ride offered a maximum amount of only $65,000 up until the time of the liability verdict. Despite our client having no one to back up his version, at the liability trial, we succeeded in having the Jury award 80% liability against Access a Ride. Following the liability verdict, we managed to then obtain a settlement that was more than 11 times greater than their prior maximum offer, and Defendants paid $750,000. Injury was finger fracture, which resolved shortly after the accident and successful shoulder arthroscopy without residuals.

- Doe v. MTA Access A Ride

Pre-Trial Settlement

$687,000 Pre-Trial Settlement. We obtained a pre-trial settlement of $687,000 (balance of insurance policy tender) for a police officer, where Defendant driver blamed our client 100% for accident for blowing a red light, and despite eyewitness testimony and data recorder proving that our client was speeding (almost 20 mph above legal speed limit) and not wearing a seatbelt.

- Police Officer v. Doe

SETTLEMENT

$600,000 settlement following liability jury verdict in a hotly disputed liability case where our client was injured while working at a store. The tenant who operated the store was her employer. Whereas an employee is prohibited by law from suing the employer, we sued the landlord. The landlord denied any liability and argued that he was an absentee landlord who had nothing to do with the store. Nevertheless, we convinced the jury to award 100% liability against the landlord, and a significant settlement ($600,000) quickly followed. (Prior to the liability verdict, the insurance company refused to even offer $1.)

- Doe v. Gottheil

PRE-TRIAL PRE-DISCOVERY SETTLEMENT

$550,000 Settlement for MVA with very minimal property damage, with disputed disc injury, very large gaps in treatment, there were no lost wages, and with multiple subsequent accidents. 

- Doe v. Martorano

PRE-TRIAL SETTLEMENT

$500,000 New York County Pre-Trial settlement for 43 year old Turkish immigrant livery driver residing in Suffolk County who was rear ended. Plaintiff claimed bulging discs and a herniated disc in his neck and back. Plaintiff did not undergo any surgery and was never recommended for any surgery. Defendants and their doctors claimed Plaintiff’s alleged soft tissue injuries were minor, pre-existing and degenerative, and in any case were completely resolved. Defendant’s doctors stated Plaintiff’s examinations were completely normal and that he was capable of working without restrictions in any occupation. We nevertheless convinced defendants to pay our client $500,000 without the risk or expense of a trial.

- Senturk v. DL Peterson

SETTLEMENT

$450,000 settlement for hand injury in a case involving an employee injured on the job (ordinarily barred from suing the employer), wherein we successfully sued related, but separate, corporate entities, despite the fact that they were owned by the same parent corporation and owners.

PRE-TRIAL SETTLEMENT

$425,000 Pre-Trial Settlement in motor vehicle case where Defendants argued that Plaintiff sustained mere soft tissue injuries from which she had resolved and that her medical examinations were completely normal and that she was working full time without any restrictions. Our client’s recovery greatly exceeded that of two passengers in her vehicle, with similar soft tissue injuries, but who were represented by other attorneys. In fact, she received an amount nearly 30 times greater than 1 of the other passengers.

- Roe v. Doe Corp. (a large trucking company)

JURY VERDICT

$400,000 jury verdict for soft tissue injury sustained in minor auto accident. Plaintiff waited one week before going to a chiropractor. Defendant argued it was a fender-bender accident, no hospital, minimal and sporadic treatment, and no lost time from work. Defendant's independent doctors testified plaintiff's examination and MRI films were completely normal and any findings were not  from this accident. Insurance company valued the case at  $17,500. This award was for pain and suffering only, and did not include past or future medical bills. 

- Cunha v. Shapiro

PRE-TRIAL SETTLEMENT

$350,000 Settlement in MVA with no visible property damage, disputed liability, no police report, no lost wages claim against Defendant, bulging disc, repeat MRI showed improvement     , and no surgery even recommended. Carrier initially valued case at $15,000. 

- Doe v. Loorkhor

ARBITRATION DECISION (UNDER-INSURED MOTORIST—UM/SUM)

$300,000 arbitration award (full available policy limits) in non-surgical, minimal property damage case, no complaints at scene, no ambulance, no lost wage claim, large unexplained gaps in treatment, and normal exams by the insurance doctors. Our client’s vehicle was rear ended by a vehicle that carried only minimal $25,000 coverage with Progressive, who initially only valued case at $2,500. Progressive did not want to offer their full policy in a case with no property damage, no lost wages, normal (no-fault) insurance examinations. We persuaded them to pay the $25,000 and then pursued an underinsurance policy (SUM) claim against GEICO. GEICO argued that claimant had completely resolved from any alleged minor injuries, and required no further treatment, that our client had already received too much from Progressive, and that, at most, they would offer an addition $7,500. Following our arguments and submissions at arbitration, the arbitrator awarded claimant the entire available SUM policy limits of $300,000.

- Doe v. GEICO

COURT DECISION

$11 Million lawsuit against Madison Square Garden given go-ahead to proceed by New York State Supreme Court in widely publicized case where spectator was struck by a hockey puck at MSG. (Precedent-setting case in New York, as such cases had previously been dismissed by the Courts.)

-Tokolyi v. MSG

 

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