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 OptionsKickball player’s wild act caused injury, bystander claimed
Type:
Verdict-Defendant
State:
New York
Venue:
Queens County
Court:
Queens Supreme
Injury Type(s):
arm-fracture, arm;
arm-fracture, humerus;
other-plate; other-physical therapy; other-pins/rods/screws; surgeries/treatment-open reduction; surgeries/treatment-internal fixation
Case Type:
Parental Liability
Case Name:
Denise Russo v. Ornob Khan an Infant by His Father and Natural Guardian, Zakir Khan,
No. 4721/13
Date:
May 13, 2015
Plaintiff(s):
Denise Russo (Female, 57 Years)
Plaintiff Attorney(s):
Matthew W. Saliba;
Okun, Oddo & Babat, P.C.;
New York,
NY,
for
Denise Russo
Defendant(s):
Ornob Khan
Defense Attorney(s):
John J. Nicolini;
Nicolini, Paradise, Ferretti & Sabella;
Mineola,
NY,
for
Ornob Khan
Insurer(s):
State Farm Insurance Cos.
On Feb. 14, 2012, plaintiff Denise Russo, 57, a teacher’s aide, worked at an elementary school that was located at 17111 135th Ave., in the Flushing section of Queens. During lunch recess, Russo supervised students who were playing kickball in the schoolyard. One of the game’s participants, 12-year-old Ornob Khan, accidentally collided with Russo while running. Russo fell onto the ground, and she sustained an injury of an arm. Russo sued Ornob’s father, Zakir Khan. Russo alleged that the accident was a result of a negligent and reckless act by Ornob. Russo further alleged that Zakir Khan was vicariously liable for his son’s actions. Russo claimed that the collision occurred a few feet outside of the diamond-shaped area in which the game was being played. She claimed that Ornob ran outside of a marked line that designated a base path. She also claimed that his view was not focused in the direction in which he was running. Russo’s counsel argued that Ornob created a dangerous condition that imperiled anyone who was within proximity of the game. Defense counsel contended that the game, though organized by students, was a school-sanctioned and school-supervised activity. Defense counsel also contended that Ornob acted reasonably, given his age, his maturity and the rules of the game. He noted that the game’s rules allowed fielders to throw balls at baserunners, and he claimed that Ornob, who was running bases at the time of the accident, had reasonably decided to watch a fielder who possessed the ball, rather than the path ahead of him. He argued that Ornob’s resultant crossing of the baseline was a normal consequence of the game’s rules.
The trial was bifurcated. Damages were not before the court. Russo sustained a fracture of her right, dominant arm’s humerus. She was placed in an ambulance, and she was transported to a hospital. During the ensuing day, her fracture was addressed via open reduction and the internal fixation of a plate and screws. On Oct. 16, 2012, Russo underwent surgical removal of her fixation hardware. She also underwent more than 12 months of physical therapy. Reyes claimed that, as a result of her injury, she was unable to resume work until January 2013. She also claimed that a permanent replacement was hired during her absence, leaving merely occasional work for her. Reyes stopped working in February 2014. She claimed that she suffers residual pain and limitations that prevent her resumption of her job’s duties. Reyes sought recovery of damages for past and future pain and suffering.
The jury rendered a defense verdict.
Judge:
Diccia T. Pineda-Kirwin
Demand:
$500,000 (insurance coverage’s limit)
Offer:
None
Trial Length:
3
days
Trial Deliberations:
1.5
hours
Jury Vote:
6-0
Jury Composition:
3 male/ 3 female
This report is based on information that was provided by plaintiff’s and defense counsel.