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			TRIP AND FALL/PREMISES ACCIDENTS - $16,000,000 VERDICT - Trip & fall at NYCTA subway station causing brain damage 64 year old woman tripped at the top of a concrete landing which led to a NYCTA subway station due to an area of gouged concrete. In falling down the entire flight of stairs, she injured her hip and head. Although NYCTA claimed that the landing was recently repaired and in good condition at the time of the accident, photographs and testimony demonstrated otherwise. As a result of the accident, this woman required surgery for her hip and CT scan of the head revealed subdural hemorrhage (bleeding). After being discharged from the hospital, she began having seizures. Unfortunately, despite anti-convulsant medications, these seizures continued and within one year of the accident, completely lost her ability to speak and became entirely mute. Because of her neurological injuries, she was also unable to make a full recovery from her orthopedic injuries. She never returned to work, is relegated to a wheelchair and entirely relies upon family members for everything, including cooking, cleaning, bathing and medications. NYCTA claimed that she only sustained minor head trauma, did not have a subdural hemorrhage and that her seizures and neurological injuries were due to pre-existing tumors called meningiomas. Daily News - Bronx granny wins $16M suit against MTA for subway slip... - $450,000 - Insurance Company Blames Worker for Accident and Contests Injuries 33 year old delivery man was delivering goods with a co-worker down a flight of stairs using a handtruck. It was claimed that the steps were in a dangerous, chipped and hazardous condition, causing client to fall backwards down the steps, injuring his head, neck, back, knee and shoulder. The client subsequently underwent knee and shoulder surgery. The attorneys for the defendants claimed that the accident was fully due to the negligence of the client, as he was carrying a severely overloaded handtruck down the stairs in rainy weather. As a result, the insurance company offered a modest amount of money to settle the case. This figure was rejected. Thereafter, in the first trial (which focused on fault for the accident), a unanimous jury found that the defendants were 100% responsible for the accident. After this result, the insurance company raised its offer to $100,000. This, too, was rejected. Thereafter, in the second trial (which focused on injuries), a new jury rendered a substantial verdict, resulting in a client recovery of nearly $450,000. - $426,000 Total Recovery - Trip & fall over broken curb, causing fractured ankle and requiring surgery 39 year old woman tripped and fell over a broken curb at a cemetery. As a result of the accident, this woman sustained a fractured ankle, which required open reduction – internal fixation surgery. Subsequently, this woman also underwent removal of hardware surgery. In defending the matter, the defendant’s insurance company argued that the woman (who was wearing 2-3" heels) did not fall on the curb as she had claimed, but that she fell because of French fries on the roadway. Throughout the course of the litigation, the defense insurance company made a series of low-ball settlement offers, all of which were rejected by the client, upon Mr. Kauffman’s advice. One month before trial, this matter was heard by an independent mediator. Because this case was properly and aggressively prepared for mediation and the upcoming trial, after extensive settlement negotiations, the insurance company eventually extended a final settlement offer of $365,000. In order to increase her settlement proceeds at no cost to herself (and while still retaining the tax-free nature of the settlement), the client chose to place a portion of the settlement monies into a guaranteed tax-free annuity, which paid out over time. This allowed the client to increase her settlement monies by an additional $61,000. - $400,000 Total Recovery - Trip & fall on NYC sidewalk 53 year old NYC school teacher tripped and fell over a raised metal railing which surrounded the perimeter of a sidewalk which contained metal gratings owned by a well-known, large and powerful utility company. As a result of the accident, the woman sustained injuries to her shoulder and knee, receiving physical therapy and medical treatment for three years before undergoing arthroscopic surgery on her knee. In attempting to defend this matter with experts in orthopedics and radiology, the utility company claimed that the woman was to blame for the accident, her condition and injuries were degenerative (age-related) and were not sustained in this accident. After this matter was prepared for trial and during jury selection, Mr. Kauffman secured a settlement of $400,000. - $350,000 - Disabled tenant fell in bathtub due to lack of handicap bars; broken leg A disabled man on kidney dialysis was getting into the bathtub at his Brooklyn apartment and fell. The man said that he fell because the building owner had never installed the handicap bars/rails as he had previously requested. The building claimed that no such request had ever been made, and that the accident occurred due to the poor health and condition of the man, was on kidney dialysis, had multiple toes amputated and had significant problems in ambulation prior to the accident. As a result of the accident, the man sustained a fracture of his left femur, requiring surgery. The building contended that the man made a full recovery from the injury and returned to his pre-accident condition. This case was settled before trial because the man was extremely ill and passed away shortly afterward. - $350,000 - 89 year old woman fell due to loose doorknob; hip injury An elderly woman was injured when she attempted to open a door in the common area of her apartment building and the door knob came off. As a result, the woman fell backwards and injured her hip. She claimed that the building owner had notice of the defective door knob, but failed to properly repair it. The building owner claimed that the door knob was perfectly fine, and that the accident occurred due to the woman’s negligence and old age. As a result of the accident, the woman sustained a fracture of her hip, requiring surgery. The building contended that the woman made a full recovery from the injury and returned to her pre-accident condition. Rather than offering a fair and reasonable settlement, the insurance company chose to go to trial. At trial, Kauffman won the case on liability, after which the insurance company reluctantly agreed to settle the case. - $350,000 Total Recovery - Man Falls Due to Defective Steps in Apartment Building, Sustains Hip Injury and Avascular Necrosis, Requiring Surgery. Defense Argued that Hip Injury/Surgery were Required because of Man’s HIV+ Status. While walking down the common interior staircase of his apartment building, 61 year old man fell when the top step slid out from under his foot. Apparently, this hazardous step was a long-standing problem that the landlord never repaired. As a result of the accident, this man injured his hip, requiring surgery. The landlord and superintendent then attempted to destroy evidence of this defective step and denied having knowledge of any defective condition. However, Mr. Kauffman had not only already personally photographed the hazardous condition and retained a safety expert who performed a site inspection, but also obtained a videotape showing the landlord’s attempted destruction of evidence. In defending this matter, the defense then claimed that this man’s injuries were pre-existing and due to HIV, and pointed to his long-standing history and extensive medical treatment (prior to the accident) for back and hip pain, with radiation and numbness into both legs. The defense’s medical expert concluded that this man’s hip injury and avascular necrosis (bone death due to lack of blood supply) was pre-existing and due to his HIV+ status. In attempting settlement, an independent mediator was selected to review this case. At mediation, and after defending this case tooth and nail until one week before trial, the landlord agreed to pay $325,000 to resolve this matter. Because the man was a Medicare recipient, his settlement monies were placed into a Supplemental Needs Trust, which entitled this individual to continue receiving his much needed Medicare benefits. Additionally, because the client agreed to place a portion of his settlement monies in a guaranteed tax-free investment (an annuity, or structured settlement), he recovered an additional $25,000. - $312,500 – Trip and fall over 2 x 4 piece of wood placed under dumpster, requiring knee surgery While crossing the street, a woman tripped and fell due to a piece of wood which had been placed under a dumpster and protruded outward and upward, causing a tripping hazard. It was claimed that the dumpster company was negligent in placing the piece of wood, and that the building owner was negligent in permitting the condition to exist. As a result of the accident, this woman sustained a knee injury, and ultimately underwent arthroscopic knee surgery three years later. The defendants claimed that the knee surgery was related to a subsequent accident which occurred one year after the initial accident. Prior to trial, the insurance companies representing the respective defendants agreed to settle the matter. - $300,000 - Prison inmate slip and fall due to leaking pipe, causing fractured wrist and requiring surgery A Rikers’ Island inmate was injured when he slipped and fell on a puddle of water which had accumulated due to a leaking ceiling pipe overhead. When falling, he landed on his outstretched left (non-dominant) wrist, sustaining a fracture. As a result of his injuries, the client was required to undergo surgery (open reduction-internal fixation) on his left wrist. It was claimed that the defendants (The City of New York and New York City Department of Corrections) had actual and constructive notice of this leaking ceiling pipe, which they failed to repair. Defendants disputed the existence of this leaking ceiling pipe. Further, defendants claimed that this man was actually injured in a fight with a fellow inmate, as reflected in several Rikers’ documents and hospital reports. Kauffman argued that these documents and reports were contradictory and unreliable. Because NYC refused to turn over crucial discovery (inmate names, maintenance records and inmate file), Kauffman repeatedly requested that the court dismiss any alleged defense. After persistent motions, the Court agreed with Mr. Kauffman, and the case proceeded to trial on damages, meaning that the only issue for the jury would be to determine the amount of money which would fairly and justly compensate the injured person for his injuries. Immediately prior to trial, Kauffman successfully obtained court orders significantly limiting introduction of his client’s criminal history (as same was completely irrelevant to client’s injuries and overwhelmingly prejudicial to a fair trial), preventing introduction of any documents which reference any mention of any alternative cause of his client’s injuries (as the court had dismissed the defense to the case), and significantly limiting defendants’ use of a DVD surveillance (which showed the client in an unfavorable light and was unrelated to the claimed injuries). After a jury was selected, and just prior to opening statements, the parties agreed to a $300,000 settlement. - $238,000 - Trip and fall over hump in roadway, arm and shoulder injury While crossing a NYC street, a woman tripped and fell due to a hump in the roadway. It was claimed that NYC had prior written notice of the defect which caused the accident. NYC denied having notice of this condition, claimed that there was no such defect and also claimed that the accident was due to the woman’s inattention. As a result of the accident, the woman sustained injury to her upper arm and shoulder, although no surgery was performed. At trial, the jury determined that because NYC had prior written notice of the defective roadway, it was responsible for the accident. - $220,000 - Trip and fall due to restaurant workers opening sidewalk cellar delivery doors, sustaining broken nose and dental implant While walking in Manhattan, a 74 year old woman fell and landed on the sidewalk cellar doors and adjacent concrete sidewalk outside a well-known NYC sushi restaurant. As a result of the accident, in addition to sustaining a broken nose and loss of a tooth, the woman also sustained head trauma with loss of consciousness and had no recollection of the accident. It was claimed that the accident occurred because a delivery was in progress and restaurant workers were attempting to open the sidewalk cellar doors from underneath but failed to warn and protect pedestrians walking by. The defendant claimed that no delivery was in progress at the time of the accident, and that the woman fell due to syncope (a fainting episode), as documented in the hospital chart. After the completion of discovery, defendant moved to dismiss the case, claiming that the accident occurred due to syncope. However, after vigorous opposition by Kauffman, the court denied defendant’s motion. Nevertheless, defendant appealed the court’s denial of its motion to dismiss the case. Once again, the court (a unanimous 5-0 decision by the appellate court) agreed with Kauffman and the case proceeded to trial. Before the liability trial, defendant offered this elderly woman $5,000 to settle the case. After this low-ball offer was rejected and the case proceeded to trial. During the liability trial, Kauffman presented an expert neurologist to refute the hospital’s diagnosis and argued that the diagnosis was erroneous based on an incomplete history. Kauffman prevailed at trial, as the jury defendant entirely negligent and responsible for the accident. Just before the damages portion of the trial, defendant offered $45,000 to settle the case. This low-ball offer was also rejected and the case proceeded to trial. During trial, the defendant and their client finally agreed to settle for $220,000. - $200,000 - Trip and fall over uneven parking lot pavement, knee injury with surgery An elderly woman tripped and fell in a parking lot due to uneven pavement and raised asphalt. The parking lot owner and contractor blamed each other, as well as this woman, for the accident. As a result of the accident, the woman sustained an injury to her knee, requiring surgery. The defendants claimed that the woman’s knee condition was due to age-related degeneration and a prior knee surgery. Prior to trial, the insurance companies agreed to settle this matter. - $177,500 - Trip and fall over oil hose, fractured upper arm An elderly woman tripped and fell on an oil hose which was being used to vacuum an oil leak. It was claimed that the oil truck operator failed to put out pedestrian safety devices, including cones, ramps and caution tape. However, defense counsel claimed that the proper precautions were set out, and that the accident occurred because of the woman’s inattention and carelessness. As a result of the accident, the woman sustained an injury to her shoulder. Prior to trial, the insurance company finally agreed to settle this matter. - $175,000 - Slip and fall on icy ramp, fractured wrist An elderly woman slipped and fell on a wet, icy and slippery plywood board which served as a ramp leading up to a store. This woman sued the store’s owner and tenant, claiming that it failed to properly salt, shovel, de-ice and sand the area, which was unsafe for pedestrians. The store and tenant claimed that ramp was safe at the time of the accident, the woman fell due to carrying heavy bags at another location and caused her own accident. The store and tenant claimed that an independent witness supported the defendants. Prior to trial, the defendants conceded liability after Kauffman secured evidence to show that the alleged “witness” never witnessed the accident, was employed by a relative of the store owner, was friendly with the store’s tenant, had previously given a completely different version of events and later admitted on tape to never having witnessed the accident. As a result of the accident, this woman fell on her outstretched wrist and sustained a fracture which required surgery. The defense claimed that she made an excellent recovery from her injuries. The insurance company agreed to settle the matter before trial. - $160,000 - Slip and fall on wet bathroom floor, knee injury A young man slipped and fell on the men’s room of a mall, claiming that the maintenance staff had recently mopped but failed to set out the proper safety precaution devices. The mall claimed that no such mopping had taken place, that it did not have notice of any wet floor and that the accident occurred because of the man’s inattention to his surroundings. As a result of the accident, the man sustained a knee injury and required surgery. The defense claimed that he made an excellent recovery from his injuries. The insurance company agreed to settle the matter before trial. - $105,000 - Cracked NYC Sidewalk Injures Elderly Woman An 85 year old woman tripped and fell on a cracked and uneven New York City sidewalk in Brooklyn, resulting in a broken arm which did not require surgery. The City took the position that the sidewalk was in good condition, the accident did not occur where the client stated, and the client was to blame for her own accident. After the City offered $25,000, same was rejected and the matter proceeded to trial. During the liability trial, a unanimous jury found that the City was 100% at fault. However, the City still refused to make an appropriate settlement offer, and the matter proceeded to trial on injuries. A jury then awarded this elderly woman $105,000 in compensation for her injuries. PAST RESULTS DO NOT GUARANTEE SIMILAR RESULTS Back to Verdicts Page