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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.
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Woman recovers $29 million for paralyzing fall
A woman who suffered a paralyzing injury in a fall from a fire escape recovered $29 million after a jury awarded her nearly $38 million. The jury found that a Manhattan apartment building’s owners and managers had been negligent in their failure to replace a fire escape whose configuration was outlawed nearly a century ago. The suit’s plaintiff, Anastasia Klupchak, fell through a hole in one of the fire escape’s landings while attending a party at the building in 2008. Klupchak, now 31, fell 12 feet, fractured her spine and remains confined to a wheelchair. The jury set Klupchak’s damages at $37,397,602.50, but the parties had stipulated that damages would not exceed $29 million.
Klupchak v. First East Village Associates
New York County
Man loses lawsuit alleging surgery had blinding result
A jury rejected a man who claimed that surgery intended to preserve his vision instead led to blindness. In 2010, Johnnie Washington underwent surgery that addressed a hole in the retina of his right eye, which was also impaired by a cataract. The surgery was performed by Dr. Monica Giganti. In 2011, Washington underwent removal of the cataract. The eye’s lens had to be removed, but a complication prevented its replacement. Washington suffers a loss of his right eye’s vision. He sued Giganti, claiming that her surgery was inappropriate, in that it accelerated growth of his cataract. Giganti claimed that the surgery was necessary to preserve Washington’s vision and that the eye’s lens can be replaced. The jury found no wrongdoing by Giganti.
Washington v. Albany Medical Center Hospital
Albany County
Doctor defeats allegation of improper treatment
A doctor prevailed in a lawsuit filed by a former patient who claimed that unaddressed diverticulitis caused a perforation of her colon. The matter dates to 2011, when Mary Alpert was evaluated at St. Joseph Hospital, in Bethpage. Alpert presented symptoms that suggested diverticulitis, so Dr. Michael Mendola prescribed an antibiotic. Two days later, a CT scan confirmed diverticulitis and one or more colon perforations. Alpert underwent removal of a portion of her colon. She sued Mendola, based on the contention that he should have performed an immediate CT scan, rather than prescribing medication. The matter advanced to a trial, where a jury accepted Mendola’s contention that medication was the correct means of addressing diverticulitis.
Alpert v. Mendola
Nassau County
Largest New York Settlements
| SETTLEMENT | CASE | VENUE | DATE |
|---|---|---|---|
| $9,750,000 | Bialas v. Bay Shore Fire Department Inc. | Suffolk Co. | Jan. 25 |
| $8,000,000 | Mathews v. Reyes | Bronx Co. | July 18 |
| $4,000,000 | Greca v. Choice Associates LLC | Bronx Co. | May 20 |
| $4,000,000 | Patrich v. City of New York | Kings Co. | March 1 |
| $3,600,000 | Alekseyev v. 139 Ludlow Acquisition LLC | Kings Co. | May 8 |
| $3,200,000 | A.L. v. Chaminade Mineola Society of Mary Inc. | Nassau Co. | April 18 |
| $2,400,000 | Murphy v. Schimenti Construction Co., LLC | New York Co. | May 23 |
| $2,250,000 | Estate of Diaz v. City of New York | Federal | April 11 |
| $2,000,000 | Leary v. Lake | Nassau Co. | June 27 |
| $1,921,625 | Cornwell v. Breault | Suffolk Co. | Feb. 22 |