New York Verdicts

Amount:

$7,125,000

Type:

Verdict-Plaintiff

State:

New York

Venue:

New York County

Court:

New York Supreme

Injury Type(s):

Case Type:

Motor Vehicle – Work ZoneTransportation – RoadwaysMotor Vehicle – Pedestrian, Rear-enderGovernment – MunicipalitiesMotor Vehicle – Multiple Impact, Multiple VehicleDangerous Condition of Public Property –

Case Name:

James Gregware and Eileen Gregware v. City of New York Burtis Construction Co. Inc., MD K. Hasan, Dochenka Taxi Inc., Abelardo Da-Silva / Romulo Romero-Valarezo and Flor Maria Romero-Valarezo v. City of New York Construction Co., Inc., Ahmad M. Albahri, Omar M. Albahri, MD K. Hasan, Dochenka Taxi, Inc., James Gregware & Abelardo

Date:

April 15, 2013

Plaintiff(s):

James Gregware (Male, 41 Years), 

Eileen Gregware (Female), 

Romulo Romero-Valarezo (Male), 

Flor Maria Romero-Valarezo (Female)

Plaintiff Attorney(s):

Ben B. Rubinowitz;
Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz;
New York,
NY,
for
James Gregware, Eileen Gregware, Romulo Romero-Valarezo, Flor Maria Romero-Valarezo ■ Peter J. Saghir;
Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz;
New York,
NY,
for
James Gregware, Eileen Gregware, Romulo Romero-Valarezo, Flor Maria Romero-Valarezo ■ None reported;
;
for
James Gregware, Eileen Gregware, Romulo Romero-Valarezo, Flor Maria Romero-Valarezo

Plaintiff Expert(s):

Elliott Hershman ;
Orthopedic Surgery;
New York,
NY called by:
James Gregware, Eileen Gregware, Romulo Romero-Valarezo, Flor Maria Romero-Valarezo ■ William Fitzpatrick ;
Traffic;
New York,
NY called by:
James Gregware, Eileen Gregware, Romulo Romero-Valarezo, Flor Maria Romero-Valarezo

Defendant(s):

Juan Romero, 

MD K. Hasan, 

Omar Albahri, 

Ahmad Albahri, 

James Gregware, 

Abelardo DaSilva, 

City of New York, 

Dochenka Taxi Inc., 

Romulo Romero-Valarezo, 

Burtis Construction Co. Inc.

Defense Attorney(s):

James C. Miller;
Thomas M. Bona, P.C.;
White Plains,
NY,
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc. ■ Robert C. Baxter;
Baxter Smith & Shapiro, P.C.;
Hicksville,
NY,
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc. ■ None reported;
;
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc. ■ George Wang;
Simpson Thacher & Bartlett LLP;
New York,
NY,
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc. ■ Minta J. Nester;
Simpson Thacher & Bartlett LLP;
New York,
NY,
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc. ■ Shannon McGovern;
Simpson Thacher & Bartlett LLP;
New York,
NY,
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc. ■ Andrew Cattell;
Simpson Thacher & Bartlett LLP;
New York,
NY,
for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc.

Defendent Expert(s):

Ali Sadegh; Engineering;
New York,
NY for
Juan Romero, MD K. Hasan, Omar Albahri, Ahmad Albahri, James Gregware, Abelardo DaSilva, City of New York, Dochenka Taxi Inc., Romulo Romero-Valarezo, Burtis Construction Co. Inc.

At about 3 a.m. on May 20, 2006, plaintiff James Gregware, 41, a self-employed film editor, was driving on the northbound side of the West Side Highway, near its interchange at West 79th Street, in Manhattan. While he was approaching an area in which workers were repairing the highway, his vehicle struck the rear end of a stopped vehicle that was being operated by Omar Albahri. The incident occurred moments after a three-vehicle collision involving Albahir, MD Hasan and Romulo Romero-Valarezo. Gregware exited his vehicle and approached Albahri’s vehicle. While Gregware was standing on the highway, his vehicle’s rear end was struck by a vehicle that was being driven by Abelardo DaSilva. Gregware‘s vehicle was propelled forward, and it struck Gregware. Gregware claimed that he sustained injuries of his knees. Gregware sued Albahri; the owner of Albahri’s vehicle, Ahmad Albahri; Hasan; the owner of Hasan’s vehicle, Dochenka Taxi Inc.; Romero-Valarezo; the owner of Romero-Valarezo’s vehicle, Juan Romero; the manager of the roadwork project, the city of New York; and one of the project’s contractors, Burtis Construction Co. Inc. Gregware alleged that the city and Burtis Construction negligently created a dangerous condition that caused, or contributed to, the accident; that Hasan, Romero-Valarezo and Omar Albahri were negligent in the operation of their respective vehicles; and that the remaining defendants were vicariously liable for the actions of the drivers of their respective vehicles. In a subsequent filing, Romero-Valarezo sued Gregware, Omar Albahri, Ahmad Albahri, Hasan, Dochenka Taxi, the city and Burtis Construction. Romero-Valarezo alleged that the city and Burtis Construction negligently created a dangerous condition that caused, or contributed to, the accident; that Gregware, Hasan and Omar Albahri were negligent in the operation of their respective vehicles; and that the remaining defendants were vicariously liable for the actions of the drivers of their respective vehicles. The cases were consolidated, but Romero-Valarezo’s claim was severed. Romero-Valarezo and his vehicle’s owner were dismissed as defendants, as were Omar Albahri, Ahmad Albahri, Hasan and Dochenka Taxi. The matter proceeded to a trial that addressed Gregware‘s claims against DaSilva, the city and Burtis Construction. Gregware‘s counsel noted that the accident occurred during a project in which workers were closing two of the West Side Highway’s three northbound lanes. They further noted that Burtis Construction’s contract specified that the company’s workers were required to notify motorists of the lane closures and that the closures were to be performed according to specifications of New York State’s version of the Federal Highway Administration’s Manual on Uniform Traffic Control Devices. They contended that the manual specified that lanes would have to be tapered leading to the closed area and that lighted barrels would have to be placed in the closed area. Gregware claimed that no warnings of any kind had been posted. Other drivers claimed that adequate warnings were not provided. Gregware‘s counsel also contended that the city was responsible for inspection of the work site. They argued that the city should have ensured that traffic was being properly redirected. Gregware‘s counsel further contended that DaSilva failed to exercise due caution. DaSilva contended that he was driving prudently and maintaining a proper lookout. Burtis Construction’s counsel contended that the accident occurred ahead of the area in which lanes were closed, though he also contended that barrels, cones and warning signs had been properly deployed in the area of the closings. During a deposition, a Burtis Construction foreman claimed that he had deployed such warnings. Burtis Construction’s counsel argued that Gregware‘s injuries were a result of DaSilva’s actions and Gregware‘s decision to exit his vehicle on a highway. The city’s counsel contended that the city was responsible for supervising the project but not checking traffic patterns, though they also contended that a city representative had checked the traffic pattern. A representative of the city claimed to have checked the traffic pattern, but, during cross-examination, he acknowledged that he was not familiar with the Manual on Uniform Traffic Control Devices.

Gregware sustained a fracture of the head of his right leg’s fibula, which is a lower component of the right knee; tears of the same knee’s anterior cruciate ligament and medial collateral ligament; a fracture of his left leg’s tibial plateau, which is a lower component of the left knee; and a tear of his left knee’s anterior cruciate ligament. Gregware was placed in an ambulance, and he was transported to St. Vincent’s Hospital Manhattan. He underwent open reduction and internal fixation of each fracture. His hospitalization lasted 18 days, and it was followed by about 10 weeks of inpatient rehabilitation. In January 2007, Gregware underwent removal of a screw that had been implanted during one of his prior surgeries. He subsequently underwent two additional surgeries. The first involved the repair of his right knee’s damaged ligaments, and it included the application of an allograft: material harvested from a cadaver. The second involved the repair of his left knee’s damaged ligament. He also underwent about five years of physical therapy. Gregware claimed that his knees remain painful. Gregware‘s treating orthopedic surgeon opined that Gregware must undergo replacement of each knee. Gregware sought recovery of damages for past and future pain and suffering. Gregware‘s wife, Eileen Gregware, sought recovery of damages for past and future loss of services and society.

The jury rendered a mixed verdict: The city was assigned 65 percent of the liability; Burtis Construction was assigned 35 percent of the liability; and DaSilva was not assigned liability. The jury determined that the plaintiffs’ damages totaled $7,125,000.

Eileen $700,000 Personal Injury: Past Loss Of Services$425,000 Personal Injury: future loss of services (29.2 years) $2,200,000 Personal Injury: Past Pain And Suffering$3,800,000 Personal Injury: future pain and suffering (29.2 years)

Judge:

Eileen A. Rakower

Demand:

$6,000,000 (total, by both plaintiffs, from Burtis Construction and the city of New York)

Offer:

$125,000 (total, for both plaintiffs, by Burtis Construction and the city of New York)

Trial Length:

17
 days

Trial Deliberations:

4
 days

Jury Composition:

4 male/ 2 female

This report is based on court documents, information that was provided by counsel of plaintiffs Eileen Gregware and James Gregware, and information that was provided by counsel of the city of New York. Counsel of Burtis Construction and DaSilva did not respond to the reporter’s phone calls, and the remaining parties’ counsel was not asked to contribute.