$4,000,000 FOR BABY GIRL WHO FELL OUT THE WINDOW
Michael Asta achieved a $4.0 million payout for an eighteen month old infant who sustained a traumatic brain injury when she fell out the window of her Bronx apartment building. An investigation conducted by the firm discovered that the cause of the accident was a defective window guard which the landlord had failed to repair despite complaints by the infant’s mother. The City of New York Administrative Code requires landlords to keep window guards in good repair. The young girl suffered speech and learning delay as a result of her injuries, and the settlement will allow her to receive speech therapy.
$3,250,000 FOR CONSTRUCTION WORKER INJURED IN FALL
A construction worker who fell from an open staircase into an elevator pit was successful in recovering from the owner and contractors who failed to properly guard the staircase and open pit. The worker sustained a traumatic brain injury and orthopedic injuries and was unable to return to work. He recovered for his injuries, lost earnings and future medical care.
$2,200,000.00 FOR CONSTRUCTION WORKER INJURED IN FALL
A construction worker was seriously injured when he fell from a scaffold that lacked a guardrail. The owner of the property and general contractor were found by the court to be responsible for the worker’s injuries for violating New York State’s Labor Law. The worker was unable to return to work, suffered broken bones and a head injury, and incurred costly medical bills. $2,200,000.00 was obtained to compensate him for his injuries, lost wages and medical bills.
$1,500,000 FOR MOTORCYCLIST STRUCK BY VEHICLE
A motorcyclist commuting to work on the Long Island Expressway was the victim of negligence by a car driver who disregarded traffic rules by making an illegal lane change. The driver was cited by the responding police officers. The motorcyclist sustained serious injuries to his leg which required a partial amputation. The limits of the driver’s insurance coverage were obtained.
$1,400,000.00 FOR CONSTRUCTION WORKER INJURED IN FALL
A carpenter building a wall was injured when his scaffold collapsed causing him to fall. A defective scaffold provided by a contractor was the cause of the incident. In a case brought under New York State Labor Law a recovery of 1,400,000.00 was obtained for the worker. The worker underwent surgeries on his shoulder and both of his knees because of the fall, suffered lost earnings and medical bills.
$1,400,000 RECOVERY IN LEGAL MALPRACTICE CASE
The firm represented an injured electrician whose attorney failed to commence his client’s case within the statute of limitations. While working on a ladder at a construction site, the electrician was caused to fall when the ladder collapsed, resulting in serious injuries to the electrician’s neck and back which prevented him from returning to work. Asta and Associates brought a legal malpractice lawsuit against the electrician’s former attorney and successfully proved that the electrician had a meritorious labor law and meritorious legal malpractice case. A recovery of $1.4 million dollars was obtained from the malpractice insurance carrier for the electricians’ former attorney.
$1,250,000 FOR CONSTRUCTION WORKER DISMEMBERED BY TABLE SAW
Construction workers are protected by the New York State Labor Law. One requirement of the law is that table saws used at construction sites must be equipped with a blade guard. In this case the owners of the construction site and the general contractor provided a table saw to the worker which lacked a blade guard and the worker suffered amputation to two fingers when his hand went into the blade. The firm was successful in bringing an action to recover for the worker’s pain and suffering, lost wages and medical bills caused by the defendants’ violation of the law.
$1,200,000 FOR WORKER CRUSHED BY FALLING CONCRETE BLOCKS
New York State Labor Law holds the owners and contractors of construction sites responsible for accidents involving workers who are injured in falls from scaffolds and ladders, and workers who are injured by falling construction material. Asta and Associates represented a union mason in one such case who was injured while working on the construction of a residential apartment tower when a load of concrete block broke free from a hoist and fell on him. The worker sustained an injury to his knee, requiring reconstructive knee surgery and rehabilitation. This worker’s case was brought under Labor Law of New York State. Following a favorable decision by the Appellate Division of the New York State Supreme Court, which awarded summary judgment to the injured worker, the firm negotiated a $1,200,000 settlement. The settlement compensated the injured worker for his injuries, his pain and suffering and his future medical care.
$1,200,000 FOR CARPENTER HURT IN LIFT ACCIDENT
A carpenter adjusting stage lighting for a concert was injured when a lift she was standing on toppled over. An investigation revealed that a contractor failed to place outriggers on the lift to stabilize the lift and prevent it from toppling. The worker suffered multiple fractures to her jaw requiring surgery.
$995,000.00 FOR CONSTRUCTION WORKER STRUCK BY FALLING BRICK
A union mason working at a jobsite was struck in the leg by a falling brick as he was working. An investigation into the incident revealed the general contractor for the jobsite improperly secured the construction materials at the job permitting the brick to fall. The worker sustained an injury to his knee requiring surgery, lost time from work and incurred medical bills.
$950,000 FOR HEAD INJURIES SUSTAINED IN HOSPITAL FALL
In a hospital negligence case, Asta & Associates achieved a $950,000 settlement for a 79-year-old woman who suffered brain injuries from an undiagnosed cerebral hematoma caused by a fall in her hospital room. The hospital staff failed to report her fall or alert her doctors, causing a critical delay in her treatment. Carelessness by the hospital led to the failure of the staff to follow proper protocols.
$900,000 AWARDED TO OUTDOOR MAINTENANCE WORKER
A recovery of $900,000 was obtained by the firm for a maintenance worker who was struck by an SUV while cleaning a roadside sign. The worker suffered a herniated disc in his cervical spine requiring spinal fusion surgery. He was left with permanent limitation of movement of his neck and was forced to limit his work hours and duties. The recovery compensated the worker for his surgery, pain and suffering, as well as lost income.
$850,000.00 FOR FAMILY OF SAILING STUDENT
A man enrolled in a sailing school to learn how to sail. Unfortunately, during a lesson on Long Island Sound a violent storm developed and the student was thrown out of the sailboat and drowned. An investigation of the terrible incident revealed that the sailing instructor did not advise the students of the availability of life preservers on the sailboat, he did not instruct the students to put on life preservers when the storm approached and the sailing school did not have a functioning radio to warn the instructors about storms. The deceased student had no dependents, but a settlement of $850,000.00 was obtained for his pain and suffering in the drowning which was paid to his estate.
$850,000 ILLEGAL U-TURN ENDS A COP’S CAREER
Asta & Associates represented a New Jersey police sergeant who was involved in a motor vehicle accident while on patrol. An investigation into the accident revealed that the defendant was attempting an illegal U-turn which caused the collision. The officer suffered injuries to the lower back requiring spinal surgery and leading to his retirement from the police force. Despite the defendant’s claim that the back injury pre-existed the car crash, medical evidence established that the officer would have had a full work life expectancy on the police force but for the injury. A settlement of $850,000 was reached during the trial.
$795,000.00 FOR VICTIM OF HAZARDOUS SIDEWALK
A $795,000.00 settlement on behalf of a man who sustained ankle injuries due to a broken sidewalk. The City of New York owns the public sidewalks of New York City and is responsible for maintaining and repairing the sidewalks. In this case, the broken sidewalk was the City of New York’s responsibility and the City had not repaired the sidewalk despite being notified of its broken condition well before our client’s accident.
$750,000 FOR FALL ON SNOW AND ICE
The firm obtained a $750,000 settlement for a 35 year old housekeeper who suffered a fractured leg and knee injuries in a fall caused by an accumulation of ice on the front steps of a house. An investigation of the accident site revealed the ice accumulated due to a faulty drainage system. A case was brought against the homeowner and the company responsible for negligent snow and ice removal at the premises.
$740,000 FOR HOTEL WORKER INJURED BY DEFECTIVE STEPS
A broken step at a hotel caused a housekeeping worker to fall down a flight of stairs and suffer severe injuries to both of her knees. She underwent surgery on one knee to repair damage caused by the fall. During the case, the hotel conceded that it received prior complaints from the housekeepers to fix the stairs and that three prior accidents had occurred on the stairs. A settlement of $740,000 was obtained for the injured worker for her knee injuries and lost wages.
$700,000 VERDICT IN DEFECTIVE TRAFFIC LIGHT CASE
In Langan v. The City of New York, the plaintiff, a 79-year-old paraprofessional for the New York City Department of Education, was seriously injured due to a twisted traffic light at an intersection. The light was facing the wrong direction causing the plaintiff to believe she had a green light when the light was supposed to be controlling traffic coming from another road. The defective light caused the plaintiff and another car to crash in the intersection. During a two-week trial, evidence was presented that the light in question was twisted for at least two months prior to the accident. The jury concluded that this was sufficient time for New York City police officers and crossing guards to report the defective light so it could be repaired. The jury awarded $700,000 to the plaintiff for her pain and suffering, which included two surgeries to repair leg and heel fractures.
$600,000.00 FOR CONSTRUCTION WORKER INJURED IN SUBWAY
In recognition of the special hazards facing construction workers, New York State Labor Law holds the owners and contractors of construction sites responsible for accidents involving workers who are injured in falls from scaffolds and ladders, and workers who are injured by falling construction material. Asta & Associates represented a subway tunnel worker who was struck by a boulder that fell from an excavating machine. The worker sustained an injury to his knee, requiring knee surgery and rehabilitation. $600,000 was obtained to compensate the injured worker for his injuries.
$575,000 FOR INJURIES FROM AUTOMOBILE ACCIDENT
In a motor vehicle intersection accident case, the firm obtained a settlement of $575,000 for a passenger who suffered a head injury and fractures. The accident was caused by negligent driving when the vehicle ran a red light.
$575,000 FOR BLOOD DONOR INJURED AT THE HOSPITAL
A $575,000 award was won by the firm for a victim of medical negligence. A clinic failed to follow proper procedures in administering blood tests causing injuries its patient.
$550,000.00 FOR LOADING DOCK INJURY
A dock worker was injured while unloading a truck when he slipped and fell on spilled liquid in the trailer. The Federal Motor Safety Act requires truck operators and owners to maintain a clean and safe truck for the unloading of materials. The truck owner was found liable for the condition of the truck. The worker injured his knee and underwent surgery.
$525,000 FOR BURN VICTIM FROM BACKYARD STOVE
Compensation of $525,000 was obtained for a high school girl who suffered burns in a backyard accident involving a chiminea, a type of outdoor stove. The accident was caused when the homeowner misused the product by pouring lighter fluid down the chimney of the stove causing flames to shoot out the bottom and burn the girl.
$425,000 FOR INJURED CONSTRUCTION WORKER AFTER FAILURE TO CLEAR SNOW
A construction worker building a new library in New Jersey injured his back due to a hazardous jobsite when the general contractor violated OSHA regulations by failing to clear snow and ice from the job. The worker, who suffered a herniated disc in his back which required a discectomy, received compensation of $425,000.
$410,000 RECOVERY IN ELEVATOR ACCIDENT
The firm achieved a $410,000 settlement for a 40-year-old superintendent who suffered a fractured vertebrae in a fall caused by a defective elevator in an office building. The elevator maintenance company failed to inspect and maintain a safety interlock on the elevator causing the malfunction.
$400,000 FOR SLIP AND FALL ON ICE
Compensation of $400,000 was obtained for a mother who was walking her son to school when she slipped and fell on ice on the sidewalk and suffered a fractured ankle. Under New York City law, a commercial property owner is required to keep the sidewalk in front of its premises free from snow and ice. In this case the property owner’s negligence in permitting ice to accumulate and remain on the sidewalk created a hazard for pedestrians.
$365,000 SEXUAL HARASSMENT AT THE WORKPLACE
The firm brought an action on behalf of two women who were subjected to sexual harassment at their office by their supervisor and retaliation after they complained about the harassment. The case, brought under the Human Rights Law of the City of New York, was resolved for $365,000.
$350,000 FOR PEDESTRIAN INJURED BY DEFECTIVE SIDEWALK
A 50-year-old tourist was injured when he was caused to fall by a hole in a sidewalk outside a hotel. An investigation of the accident revealed the hotel was responsible for sidewalk maintenance and repairs, and had failed to patch the hole. The man suffered a broken leg.
$350,000 FOR SLIP AND FALL ON EXTERIOR LANDING
An apartment building failed to remove ice from the entrance of its building resulting one of its tenants slipping and falling. The woman who fell sustained a fractured leg which required surgery. Compensation of $350,000 was obtained for her due to the negligence of the apartment building owner.
$175,000 AND $140,000 FOR SEXUAL HARASSMENT AND DISCRIMINATION IN THE WORKPLACE
Personal Injury Attorney Michael Asta obtained a $175,000 settlement for a victim of sexual harassment in the workplace and $140,000 settlement for a victim of discrimination in the workplace. The awards compensated the victims for emotional distress and lost wages.
$300,000 FOR FALL ON STEPS – BUILDING CODE VIOLATIONS
A landlord that rented an apartment that had building code violations including a stairway that lacked handrails paid $300,000 to compensate a tenant who fell down the stairs. Under New York State Multiple Dwelling Law, landlords must keep an apartment building in good repair and in compliance with the building code. The tenant suffered a fractured arm; and the settlement compensated her for medical expenses, pain and suffering and the permanent injury to her arm.
$300,000 VERDICT FOR DEFECTIVE SUBWAY TURNSTILE
In Ynoa v. New York City Transit Authority, a 35-year-old nurse suffered a fractured foot when it was caught in a defective high exit turnstile as she exited a subway station. The turnstile consisted of horizontal metal bars mounted on a rotating pole that permit subway riders to exit a station. The jury was presented with evidence at trial, including photographs of the rusted turnstile and the station inspection records, that demonstrated that the plaintiff’s foot was crushed due to a missing bar at ground level. The jury found the defendant was at fault in failing to timely make repairs, and awarded $300,000 to compensate the plaintiff for her pain and suffering and the permanent injury to her foot.
$300,000.00 FOR PEDESTRIAN HIT BY CAR
A settlement of $300,000.00 was reached for a 67 year old pedestrian injured when a car turned left into a crosswalk and knocked him to the pavement. The pedestrian suffered a knee injury and underwent arthroscopic knee surgery to repair a torn meniscus and ligament.
$475,000.00 FOR BICYCLIST STRUCK BY CAR
An eleven year old boy was struck by a car while crossing an intersection in Staten Island, New York, on his bicycle. Although the driver had a stop sign and the boy did not, the insurance company for the driver claimed the driver was already in the intersection when the boy rode his bike into the side of the car. After several days of trial, including testimony from the boy, the driver and an accident reconstruction expert, a settlement of $475,000 was reached for the boy.
$410,000.00 FOR POLICE OFFICER INJURED AT CONSTRUCTION SITE
In a New Jersey case involving a police sergeant who was injured at a construction site a $410,000 recovery was obtained. The sergeant suffered a shoulder injury requiring surgery when he was caused to fall while performing traffic control duties for the opening of a restaurant. The construction company failed to safeguard the construction site by erecting proper barriers, a violation of the Occupational Safety and Health Administration (OSHA) regulations.
$300,000.00 FOR WOMAN INJURED BY DEFECTIVE STAIRS
$300,000 obtained at a jury trial for a woman in a slip and fall case due to a defective stair leading into her apartment. An investigation of the house revealed multiple violations of the New York City Building Code regarding maintenance and construction of the premises. Under New York City law a property owner is required to keep his/her building in code compliance and, if the building has more than three units, comply with the Multiple Dwelling Law of the State of New York. The woman suffered a fractured ankle which required surgery.
$290,000 FOR NEGLIGENT REPAIR OF A SIDEWALK ON PREMISES
When a property owner makes repairs to a sidewalk the repairs must be properly performed and not create a tripping hazard. In this case the repairs left a two inch differential between sidewalk flags which created a tripping hazard. When a 75-year-old man tripped and fell on the defective sidewalk a case was brought for his injuries.
$280,000 FOR FRACTURED WRIST CAUSED BY CAR ACCIDENT
A 73-year-old woman received $280,000 for her injuries sustained in a car accident when a driver ran a stop sign. The woman, a nurse, suffered a fractured wrist and missed time from work.
$245,000 FOR PLUMBER INJURED IN FALL FROM LADDER
Compensation of $245,000 was obtained for a plumber who sustained back injuries at a construction site when he fell from an unsecured ladder while performing emergency repairs.
$120,000 FOR NEGLIGENCE CASE BROUGHT AGAINST TAXI DRIVER
In a taxi accident case, Michael Asta achieved a $120,000 settlement for a passenger who sustained scarring to his forehead when he struck the taxi’s plastic divider and was injured.
$100,000 FOR PEDESTRIAN STRUCK BY CAR
A woman suffered a broken bone in her back and a wrist injury when struck by a car that failed to see her in the crosswalk. The woman had the right of way. The insurance carrier for the car tendered the limits of their policy shortly before trial.