Asta Law represented a union mason in one such case who was injured while working on the construction of a school when a wooden pallet used to hold construction materials fell on him. The worker sustained injuries to his shoulder and neck, requiring reconstructive surgery and rehabilitation. The worker was unable to return to work due to his injuries. This worker’s case was brought under the Labor Law of New York State.
When the insurance company for the general contractor of the Jobsite refused to settle, the case was tried before a jury and a verdict in favor of our client was obtained. Following a favorable decision by the Appellate Division of the New York State Supreme Court, which upheld our client’s jury award, Asta Law negotiated a $6,400,000 settlement. The settlement compensates the injured worker for his injuries, his pain and suffering, lost income, and his future medical care.
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 delays as a result of her injuries, and the settlement will allow her to receive speech therapy.
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.
Michael Asta, Esq. represented a carpenter who was driving home from work when he was struck from behind by a sanitation truck. The truck driver claimed our client stopped short and denied responsibility. As a result of the crash, the carpenter injured his back and underwent surgery to remove a herniated disc that was pushing on his spinal cord. When that surgery was not successful, the carpenter underwent a second surgery to fuse the vertebrae of his back. At trial, it was shown that the truck driver had a clear view of the carpenter’s van and should have been able to stop. A settlement of $2,750,000.00 was reached for the carpenter to compensate him for his lost income, disability, and pain and suffering from his injuries.
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.
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 partial amputation. The limits of the driver’s insurance coverage were obtained.
Asta Law 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 Law brought a legal malpractice lawsuit against the electrician’s former attorney. The firm successfully proved that the electrician had a meritorious underlying labor law case for his accident and that he had a meritorious legal malpractice case. Asta Law obtained a 1.4 million dollar settlement from the malpractice insurance carrier for the electricians’ former attorney which compensated the electrician for his injuries, lost earnings, and medical bills.
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.
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 an 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.
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 the 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 compensates the injured worker for his injuries, his pain and suffering, and his future medical care.
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.
A 21-year-old restaurant worker crossing the street at night was struck and killed by an NYC Transit Authority bus making a left turn through an intersection. Our firm undertook the representation of his estate and brought an action for wrongful death and pain and suffering. The law imposes liability on a vehicle turning through an intersection because pedestrians have the right of way. However, the bus company argued that the worker was not crossing in the crosswalk as required by law. By obtaining a surveillance video from a nearby building the firm was able to demonstrate at trial that the worker was in the crosswalk and that the bus was going at an excessive rate of speed. A settlement of $1,150,000 was obtained at trial for the victim’s pain and suffering and for compensation to his family.
Drunk driving is a serious problem on our roadways. When a driver drives drunk and causes an accident an injured party has a case not only against the drunk driver but sometimes also against the bar, tavern, or restaurant that served the drunk driver. This type of case, known as a Dram Shop action, imposes a responsibility on the establishment to monitor its guests and not serve a guest who appears visibly intoxicated. Evidence from eyewitnesses or blood alcohol testing can establish that the bar, tavern, or restaurant served the driver when he or she was visibly intoxicated. The establishment is then responsible to the injured parties for serving alcohol to the visibly intoxicated drunk driver. In one such case handled by Asta Law, a settlement of $1,000,000.00 was obtained for a New Jersey family on their way home from a vacation when they were crashed into by a drunk driver. The firm recovered from the drunk driver and from the establishments that served the drunk driver based on evidence that the driver was visibly intoxicated when the establishments continued to serve her alcohol.
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.
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.
$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.
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.
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.
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 Law 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.
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.
$300,000 was obtained at a jury trial for a woman who slipped and fell 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.
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.
The firm obtained a settlement of $710,000 for a man struck from behind by a tractor-trailer on the New Jersey Turnpike. The force of the collision exacerbated the man’s prior back injuries causing him to undergo spine surgery. Although the defendants contested the injuries claiming they pre-existed the accident, medical proof from our client’s treating doctors established that the client had new injuries from the accident and would not have needed surgery but for the collision.
A construction laborer suffered a lacerated hand and nerve damage while using a table saw that lacked a blade guard. The firm brought his case under New York State Labor Law which requires that a table saw at a construction site be equipped with a blade guard. The owner of the job site and general contractor have a responsibility to provide a safe job site for workers. A settlement of $295,000 was obtained for the workers’ injuries.
The City of New York owns the public sidewalks of New York City and is responsible for maintaining and repairing the sidewalks. The only exception is if the sidewalk is in front of a commercial building or apartment building with more than three units. 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. In the middle of the trial, the City of New York settled the case, compensating the injured man for his pain and suffering, lost income, and future medical expenses.
Eliot Bickoff represented 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. A settlement of $300,000.00 was reached prior to trial.
The firm obtained a $400,000.00 settlement on behalf of a woman who sustained back injuries in two accidents that occurred within two years of each other. The initial accident caused herniated discs in the woman’s back, which were aggravated by the second accident. The plaintiff underwent back surgery following the second accident. By bringing the two accidents in one case the jury was able to evaluate each accident and apportion responsibility between the defendants for the totality of the injuries. The settlement compensated the plaintiff for her pain and suffering and future medical expenses.
The firm achieved a $410,000 settlement for a 40-year-old superintendent who suffered fractured back vertebrae in a fall caused by a defective elevator in an office building. The investigation of the accident revealed that the elevator maintenance company failed to inspect and maintain a safety interlock on the elevator causing the malfunction. Elevator safety interlocks are designed to prevent elevator doors from opening when the elevator cab is not present on the floor, misleveling, excessive speed, and other malfunctions.
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.
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.
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. 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.
In a hospital negligence case, Asta Law 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.
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.
A $575,000 award was won by the firm for a victim of medical negligence.
Michael Asta obtained a $175,000 settlement for a victim of sexual harassment in the workplace. The award compensated the victim for emotional distress and lost wages.
$140,000 settlement for a victim of discrimination in the workplace. The award compensated the victim for emotional distress and lost wages.
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.
Eliot Bickoff, Esq. represented a dock worker injured while unloading the trailer of a truck. Tractor-trailers that travel over state lines are regulated by the laws of interstate commerce. In this instance, the trucking company violated the safety standards of the Interstate Commerce Commission regarding the safety and unloading of tractor-trailers. The dock worker fractured his ankle and underwent surgery. He recovered $475,000 for his injuries, lost wages, and medical bills.
When an airline passenger was injured attempting to step off her flight, Asta Law prosecuted a claim against the airline. An investigation of the incident revealed the airline failed to level the jetway with the floor of the plane for passengers disembarking the plane. When the passenger tried to step off the plane she was caused to fall onto the jetway and suffer serious injuries. An airline must provide reasonably safe transportation for its passengers. In this case, the passenger injured her shoulder and underwent two surgeries. The case was settled when the airline agreed to compensate the passenger for her injuries and medical bills.
Michael Asta, Esq. recently concluded a case for an eleven-year-old boy who 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. The settlement compensated him for his injuries sustained in the accident.
Asta Law obtained compensation of $300,000 during a jury trial for a woman who slipped and fell 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.
Michael Asta achieved a $750,000 settlement for a 35-year-old housekeeper who suffered 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.
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.
A New Jersey construction worker injured his back at a hazardous job site 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, received compensation of $425,000.
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 $355,000.
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.
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 a 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, and lost income.
Asta Law 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.
The firm obtained a $500,000 settlement for a forty-year-old man who fell down a flight of stairs in his apartment building. An investigation of the accident scene revealed the stairs lacked a handrail, as required by the building code, and were slippery as a result of a leak in the roof of the building. The landlord was responsible for these defects with the stairs. The plaintiff suffered a broken leg in the accident and underwent surgery to fix the fracture.
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.
In Ynoa v. New York City Transit Authority, associate attorney Eliot Bickoff represented a 35-year-old nurse who 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.
Asta Law represented a 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. This worker’s case was brought under the Labor Law of New York State. During the trial compensation of $600,000 was obtained to compensate the injured worker for his injuries.
In a products liability case, Asta Law successfully obtained a $725,000 settlement for a worker whose hand was caught in a truck lift gate while he was trying to unload playground construction materials. The firm inspected the truck with an engineering expert and determined the liftgate lacked instructions and safety warnings. When potentially dangerous equipment is sold and installed products liability law holds manufacturers and distributors responsible for providing instructions and hazard warnings to workers who use the equipment. These warnings can prevent the worker from being injured when using the product. The settlement obtained by Asta Law compensated our client for his pain and suffering and injury to his hand.
The City of New York is responsible for keeping our sidewalks and streets safe for our use, this includes the crosswalks pedestrians use to safely cross a street. When a tripping hazard exists in a crosswalk the City of New York can be held liable, if it can be proved the City of New York had prior written notice of the defect. Proving this can be difficult. However, when our client was caused to trip and fall while she was crossing the street due to a depressed manhole cover Asta Law investigated and determined the City of New York was notified of the problem years before and took no action to repair the cover. A pre-trial settlement of $275,000 was obtained for our client who fracture her leg in the incident.
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.
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.
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.