14-year old plaintiff suffers avulsion injury to finger
The jury found the defendant 100% negligent
The plaintiff contended that the defendant fast food restaurant negligently
left the automatic hand dryer operational after they removed the cover
several hours earlier when it was discovered that the cover had been damaged.
The plaintiff contended that as a result, the 14-year old infant plaintiff’s
right middle finger became caught in the mechanism as he was shaking out
his hands after washing them. The plaintiff maintained that he suffered
a partial amputation that involved the gouging off of large portion of
the center portion of the finger. The plaintiff contended that a neuroma
formed and that he will suffer severe pain and difficulties with everyday
The incident occurred when the plaintiff and classmates stopped at the
defendant restaurant for lunch during a field trip. The plaintiff related
that as he was wringing his hands under the device, his finger became
caught. The evidence disclosed that the defendant’s workers had
discovered that the cover had been damaged a few hours before the incident
occurred and removed it for repair while the dryer remained functional.
The plaintiff’s engineer maintained that the defendant thereby created
a significant hazard and that the defendant clearly should have rendered
the hand dryer non-operational until the cover was replaced. The defendant
anticipated that the cover would be repaired later that day.
The defendant maintained that a major cause of the incident was the comparative
negligence of the plaintiff. The defendant contended that it was likely
that the 14-year-old infant plaintiff intentionally stuck his finger into
the mechanism. The plaintiff denied doing so and contended that there
was no evidence to support this defense position. The defendant also contended
that even based upon the plaintiff’s version, he was comparatively
negligent in failing to place his hands in close proximity to the mechanism.
Motorist ignored stop sign, caused crash, plaintiff claimed
Parties Agreed on a Settlement
On Oct. 27, 2009, plaintiff Douglas Roth, 46, a graphic designer, was driving
westbound on Vanderbilt Parkway, in Half Hollow Hills. As Roth drove by
Half Hollow Hills High School, his vehicle was struck on the driver side
front fender by the passenger-side corner of a rental vehicle operated
by Anikumar Patil, attempting a left turn onto westbound Vanderbilt from
the school’s parking lot. Roth claimed that he sustained injuries
of his back, his neck and a wrist.
Roth sued Patil and the owner of Patil’s vehicle, EAN Trust. Roth
alleged that Patil was negligent in the operation of her vehicle. He further
alleged that EAN Trust was vicariously liable for Patil’s actions.
Roth’s counsel contended that Patil violated New York State Vehicle
and Traffic Law § 1142 by failing to yield to oncoming traffic. A
school security officer that witnessed the accident claimed that Patil
did not stop at the stop sign located at the parking lot’s exit.
Defense counsel contended that Roth failed to see what was there to be
seen, and should have avoided the accident.
Restaurant patron knocked to the ground by faulty door
Judge Awards $750,000 in Damages
On June 18, 2009, plaintiff Laurie Kovacs, 46, a bartender/dog groomer,
was a patron at the Inn on Main restaurant in Farmingdale. Kovacs claimed
that when she went into the bathroom, she grabbed the handle for one of
the stalls and the steel door came off its hinges, striking her in the
head and knocking her to the ground. She claimed injuries to her right
hand, head, neck and back.
Kovacs sued the Inn on Main. She alleged the defendant of negligent maintenance
and repair, in regard to the broken stall door, causing a dangerous condition.
She further claimed that the defendant had actual and constructive notice
of the condition.
The defendant defaulted at trial. Kovacs was awarded liability by the judge,
and the matter proceeded to an inquest trial on damages only.
Plaintiff’s elbow fractured in car crash
On May 23, 2009, plaintiff John Letson, 45, a water plant treatment supervisor,
was driving westbound in a legal dune buggy on Route 25, in Southold,
when he was struck by a vehicle operated by Nicholas Manetta, who was
eastbound on Route 25 and made a left directly into the side of Letson’s
dune buggy. Letson sustained injuries to his left elbow.
Letson sued Manetta for motor vehicle negligence and Manetta’s father,
Enrico Manetta, for vicarious liability, as the owner of Manetta’s vehicle.
Defense counsel stipulated liability.
Car crashes blamed on trucker’s decision to park in traffic
At about 5:30 p.m. om Oct. 7, 2008, plaintiff Jonessia Jarrell, 51, a retiree
and a part-time school security guard, was driving on the westbound service
road of Sunrise Highway, just west of Blueberry Lane, in East Patchogue.
Jarrell crashed into a 30-yard dumpster connected to a truck that was
parked on the westbound service road, extending 3 to 4 feet into the single
lane for westbound moving traffic. Three other vehicles had previously
crashed into the rear of the truck’s dumpster and were parked in
front of the truck at the time of Jarrell’s collision. Jarrell claimed
that she sustained injuries of her back, a hand and her neck.
Jarrell sued the truck’s driver, William Milken Jr.; the truck’s
owner, InterCounty Paving Associates; and a subsidiary of that company,
4L Equipment Leasing, LLC. Jarrell alleged that Milken was negligent in
the operation of his vehicle. Jarrell further alleged that the remaining
defendants were vicariously liable for Milken’s actions.
Jarrell’s counsel contended that Milken violated New York State Vehicle
and Traffic Law §§ 1201 and 1202, in regard to the illegal parking
of his truck on the service road. Jarrell claimed that as she approached
Milken’s parked vehicle, with the sun setting in her eyes, she moved
to the middle of the one-lane road, but that the truck was parked in her
lane of travel, causing the right, front bumper of her car to impact the
rear of the dumpster. One of the other drivers that hit the truck claimed
that he witnessed the accident, and he corroborated Jarrell’s account.
Car crash aggravated 20-year-old injury, plaintiff claimed
The jury found Hummer’s damages totaled $100,000
On July 18, 2008, plaintiff Conrad Hummer, 71, a retiree, was driving westbound
on Pulaski Road, in East Northport. While he was stopped at a red light
at the intersection of Third Street, his vehicle was rear-ended by a vehicle
operated by Margarita Reyes. Hummer claimed that he sustained an injury
of his back.
Hummer sued Reyes. He alleged that Reyes was negligent in the operation
of her vehicle.
Hummer contended that Reyes was inattentive while approaching the intersection
and failed to slow and stop her vehicle on time. Liability was decided
via summary judgment. The matter proceeded to a summary jury trial that
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