New York Verdicts
Find out about the most important recent New York cases, selected by VerdictSearch editors. Coverage includes Bronx, Kings, Queens, New York, Nassau, Suffolk and Westchester counties. Subscribe to VerdictSearch for access to all New York verdictsPricing OptionsForklift’s driver didn’t look before reversing, bystander claimed
Amount:
$3,100,000
Type:
Mediated Settlement
State:
New York
Venue:
Bronx County
Court:
Bronx Supreme
Injury Type(s):
leg-limp; leg-fracture, leg;
leg-scar and/or disfigurement, leg;
other-physical therapy; other-comminuted fracture; other-fracture, displaced;
surgeries/treatment-debridement; surgeries/treatment-open reduction; surgeries/treatment-external fixation; mental/psychological
Case Type:
Workplace – Forklift; Motor Vehicle – Pedestrian; Worker/Workplace Negligence; Motor Vehicle – Reversing Vehicle
Case Name:
Orin Tucker and Meena Tucker v. G&G Seaford, Inc. Individually and or d/b/a Universal Seafood, Joseph Fischetti, the New Fulton Fish Mkt. Cooperative at Hunts Pt. Inc.,
No. 307691/12
Date:
January 30, 2015
Plaintiff(s):
Orin Tucker (Male, 61 Years),
Meena Tucker
Plaintiff Attorney(s):
Rudyard F. Whyte;
The Cochran Firm;
New York,
NY,
for
Orin Tucker, Meena Tucker
Plaintiff Expert(s):
David Shein;
M.D.;
Orthopedic Surgery;
Bronx,
NY called by
Rudyard F. Whyte ■ Vladimir Klebanov;
Defendant(s):
G&G Seafood Inc.,
Joseph Fischetti,
New Fulton Fish Market Cooperative at Hunts Point Inc.
Defense Attorney(s):
Vincent A. Nagler;
Callan, Koster, Brady & Brennan LLP;
New York,
NY,
for
G&G Seafood Inc., Joseph Fischetti, New Fulton Fish Market Cooperative at Hunts Point Inc.
Insurer(s):
Hanover Insurance Co. for both defendants
On Aug. 8, 2012, plaintiff Orin Tucker, 61, a businessman, was struck by a forklift. The incident occurred at an outdoor produce market that was located at 800 Food Center Road, in the Hunts Point section of the Bronx. The forklift’s operator, Joseph Fischetti, was reversing away from a truck that he had been loading. Tucker sustained injuries of a leg. Tucker sued Fischetti, Fischetti’s employer, G&G Seafood Inc., and the market’s operator, the New Fulton Fish Market Cooperative at Hunts Point Inc. Tucker alleged that Fischetti was negligent in his operation of the forklift. Tucker further alleged that the remaining defendants were vicariously liable for Fischetti’s actions. Tucker claimed that the incident occurred some 50 feet behind the truck that Fischetti was loading. Tucker’s counsel contended that Fischetti failed to exercise due caution and failed to ensure that his path was free of pedestrian traffic. Defense counsel contended that Tucker should have been aware of his surroundings. Fischetti claimed that Tucker was engaged in conversation on a cellular telephone at the time of the accident. Defense counsel claimed that records, obtained from Tucker’s cellular-service provider, established that a call was ongoing at the time of the accident. Tucker denied that he was using a telephone.
Tucker sustained three displaced, comminuted fractures of his left leg. He was placed in an ambulance, and he was transported to Lincoln Medical and Mental Health Center, in the Bronx. During the ensuing day, his fractures were addressed via open reduction and the application of an external fixation device. He required four additional surgeries, which included debridement of damaged tissue and cosmetic procedures that covered exposed bone. Tucker also underwent about 12 weeks of physical therapy. Tucker claimed that the accident led to significant psychological trauma that necessitated counseling. He further claimed that he suffers residual pain, that he retains a limp and that he requires occasional use of a cane. His left leg remains permanently disfigured. Tucker sought recovery of a total of $6 million for past and future pain and suffering. His wife sought recovery of damages for loss of consortium.
The parties negotiated a pretrial settlement. The defendants’ insurer agreed to pay $3.1 million. The settlement was finalized via the guidance of mediator Shelley Rossoff Olsen, of Jams.
Judge:
Shelley Rossoff Olsen
This report is based on information that was provided by plaintiffs’ and defense counsel.