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Injury Settlements and Verdicts

Christmas 2014

Over the last 50 years our firm has earned numerous, substantial verdicts and settlements for our clients.  We have outlined a few of the results we have achieved below.  Please note that every award, settlement or verdict is based on the unique facts of each case and past results, including those listed below, do not guarantee a similar outcome in any other case.  Also, unlike some law firms, all of the reported verdict and settlement amounts below represent "present value" and are not inflated for payouts in the future for structured settlements or annuity type payments.  Lastly, some of our cases are sealed by the court or require confidentiality that prevents us from listing them here.

Construction and Oil/Gas Site Cases

$21,986,586.00.  A 35 year old construction worker from Belmont, New York fell through a roof at a factory located in Dansville, Livingston County, New York.  The worker suffered devastating injuries leaving his right leg traumatically amputated and rendered him a quadriplegic.  The trial court found the property owner strictly liable for his injuries and the verdict was affirmed on appeal. Schifelbine v Foster Wheeler Corp., 288 AD2d 903 [2001].   The case proceeded to trial on damages alone resulting in a verdict of $23,368,209.00 in Allegany County Supreme Court.  The Appellate Court reduced the award slightly, resulting in a total award in the amount of $21,986,586.00 to our client. Schifelbine v Foster Wheeler Corp., 4 AD3d 736 [2004]New York's highest court, the Court of Appeals, later dismissed the defendants' final appeal. 

This verdict amount is believed to be one of the largest single personal injury verdicts to be affirmed by a appellate court in Western New York History

$925,000.00 Settlement for the family of a 27 year old Wellsville, New York resident who was killed when the oil derrick he was working on collapsed.  Our firm was able to obtain the settlement after a law suit was started and before Allegany County Supreme Court was to rule on our motion seeking a judgment that the property owner was completely at fault for the accident.  The case settled after a lengthy mediation conference.

$625,000.00.  Settlement for a 45 year old resident of Wellsville, New York who suffered serious injuries when he was struck by a pipe being hoisted as part of a gas drilling operation.

$550,000.00.  Settlement for a 37 year old Olean, New York resident who suffered back injuries while working on a school building project.  The worker was injured when he fell off make shift scaffolding, suffering a herniated disc in his neck requiring surgery.  Our firm was successful in defeating the defendants' motion to dismiss and the case settled at the jury selection phase of trial.

$300,000.00.  Settlement for a 36 year old roofer from Wellsville, New York who suffered injuries to his low back after falling off the roof of a boarding house during a roofing project.  This settlement represented the entire liability policy available to compensate our client.

$225,000.00.  Verdict for 22 year old resident of Whitesville, New York who had two toes traumatically amputated when a drilling pipe fell on his foot.  Our firm was successful in obtaining a judgment from Allegany County Supreme Court that the property owner was completely at fault for the accident.  The case proceeded to trial on damages alone resulting in a $100,000.00 verdict for the oil worker's past pain and suffering.  The Appellate Division added an additional $125,000.00 for future pain and suffering resulting in a total award of $225,000.00.  www.nycourts.gov/courts/ad4/clerk/decisions/2009/03-20-09/pdf/0067.pdf.

Automobile, Motorcycle and Tractor Trailer Crashes

$3,750,000.00 Global settlement for family members injured and killed in a collision in Ohio when the mini-van rear door failed to stay latched in a roll-over collision.  After lengthy discovery and shortly before trial a settlement was reached together with our co-counsel in Texas to compensate the family for their losses.

$1,500,000.00.  Settlement for an Almond, New York resident who suffered devastating injuries in a motor vehicle accident. 

$1,300,000.00. Verdict for personal injuries despite a pre-existing serious low back and right hip injury over 15 years before this car crash.  Plaintiff suffered a cervical disc injury leading to fusion and placement of an artificial disc in his neck.  This is believed to be one of the largest personal injury motor vehicle accident verdicts in Cattaraugus County history.

$900,000.00Settlement for the family of a 34 year old Belmont, New York resident tragically killed in a rear end motor vehicle collision.  The case settled after a lengthy mediation session.

$650,000.00.  Total settlement for a truck driver from Turtlepoint, Pennsylvania who suffered from Complex Regional Pain Syndrome (CRPS) and Reflex Sympathetic Dystrophy (RSD) in his hands and arms as a result of a crash that took place while he was driving his tractor trailer in North Carolina.  The at fault driver's insurance paid their full liability limits and our client's employer's underinsured motorist policy paid out additional funds.

$450,000.00 Global settlement for a Rew, Pennsylvania family injured in a motor vehicle accident in Carrolton, New York.  All three family members were injured and settlement was reached for the policy limits of the at fault driver with additional funds from our client's underinsured carrier.

$450,000.00.  Settlement for a 70 year old motorcycle rider from Wellsville, New York who was T-boned by a driver of a commercial van who failed to see our client entering an intersection with a green light.

$360,000.00.  Settlement for a 28 year old Allegany County motorcycle rider who was tragically killed when a construction vehicle pulled into his path of travel kiling him instantly.

$330,000.00 Settlement for a 16 year old resident of Pittsburgh, Pennsylvania who was injured in a single motor vehicle accident in the Town of Sherman, Chautauqua County, New York.  We alleged that the driver was at fault for the crash but also that the company that sold the vehicle to the driver was also at fault for failing to repair the rear seat belt, which was inoperable at the time of sale.  The case settled shortly before trial after a mediation session. 

$300,000.00.  Settlement and arbitration award for a 38 year old Olean, New York massage therapist who was injured in a rear end collision in St. Marys. Elk County, Pennsylvania.  Our client suffered multiple cervical disc herniations as a result of the crash.  After the at fault driver's insurance paid their full liability limits of $100,000 our client's own SUM carrier refused to pay, we arbitrated our client's claim and were awarded $200,000 which was the full SUM limits available.

$250,000.00.  Settlement for a 20 year old college student from Cattaraugus, New York who suffered facial scars in a single vehicle accident that occurred in Morrisville, Madison County, New York.

$240,000.00.  Jury verdict awarded to a 39 year old resident of Belfast, NY after completion of a Summary Jury Trial in Allegany County Supreme Court.  Our client suffered injuries to her shoulder, neck and back as a result of a collision that happened in Niagara Falls, NY.

$215,000.00.  Settlement for a 68 year old Avon saleswomen from Port Allegany, Pennsylvania who suffered injuries to her spine in a car crash in Allegany, NY.

$195,000.00.  Settlement for a 55 year old Portville resident who suffered injuries to her cervical spine requiring a fusion.  This nearly represented the maximum insurance coverage available.

$185,000.00.   Settlement for a fifty six year old resident of Portageville, New York who suffered a fractured hip after being struck by a commercial vehicle that crossed the center line during a snowstorm in Genesee Falls, NY.

$165,000.00.  Settlement for a 45 year old resident of Olean who was injured in a Jamestown, NY accident.  The settlement was brokered with the at fault driver's insurance and, due to differences between Pennsylvania and New York underinsured motorist law, the underinsured carrier paid their full limits of coverage.

$178,000.00.  Verdict for 24 year old Tonawanda, New York resident who suffered injuries to his knee, shoulder and back in a single vehicle car crash outside of Wellsville, New York.  An Allegany County Jury ultimately found the driver 100% at fault for the crash and award our client damages for his past and future pain and suffering.

$150,000.00.  Arbitration award and underinsured motorist settlement for a housewife from Smethport, Pennsylvania who suffered a herniated cervical disc in a car accident.  An arbitrator in Buffalo, New York awarded our client the at fault driver's full liability limits of $100,000.00 and our client's underinsured motorist insurance paid an additional $50,000.00 to settle the claim.

$150,000.00.  Settlement for a 60-something year old couple from Port Allegany, Pennsylvania who were seriously injured when a vehicle in the opposite lane of traffic veered into their vehicle causing substantial damage.  This represented policy limits in the third-party case and a substanitial portion of UIM coverage as well.

$115,000.00.    Settlement for a 37 year old resident of Ischua, New York for was rear ended on State Route 417 in Portville, NY.   Although our client had pre-existing complications from childhood cerebal palsy we were able to secure her compensation for a neck injury she suffered in the crash.

$100,000.00 Settlement for Olean, New York resident who suffered a broken leg when struck by a motor vehicle which crossed the center-line.  The settlement represented the full policy limits available from the other driver's insurance company.

$100,000.00.  Settlement for a 47 year old Franklinville man who injured his wrist and required surgery after a vehicle pulled out in front of him in Buffalo, New York.  This represented the entire policy limits available and was secured without the need for a lawsuit.

Premises Liability

$1,050,000.00.  Verdict for Hinsdale resident who suffered lower back injuries when he tripped an fell while working as a security guard at a factory.  The worker's lower back injuries required three separate surgeries leaving him disabled for life.  Liability was tried before a Cattaraugus County jury resulting in a finding that the factory owner was 100% at fault for the fall and on the basis of a pre-negotiated agreement the property owner's insurance company paid total damages in the amount of $1,050,000.00.

$500,000.00. Settlement for a Friendship resident who suffered a severe foot injury when he was injured by the collapse of a scissors lift while unloading supplies at a local grocery store.

$300,000.00.  Verdict for a Buffalo family following binding arbitration.  This tragic case involved the death of two young children and injuries to their mother in a house fire, due to negligent installation of a heating system.  The heating contractor had gone out of business but we were successful in getting an arbitrator to award the property owner's fully limits of insurance to the family.

$220,000.00.  Settlement for a sales manager from Erie, Pennsylvania who slipped and fell on ice at a hotel in Jamestown, New York suffering a serious knee injury.  We filed suit against the hotel owner and after extensive discovery and the claim was resolved after a full day of mediation.

$175,000.00 Settlement for the family of a 12 year old Bradford, Pennsylvania resident who suffered a leg fracture when another youth jumped on his back during unsupervised rough, horse play.  We alleged that proper supervision could and should have prevented the injury.

$170,000.00 Settlement for a 49 year old bus driver who suffered knee injuries when he fell on ice in a parking lot while exiting his vehicle in Cuba, New York.

$160,000.00. Settlement just prior to trial for a middle aged woman who fell while visiting family at the Allegheny State Park and sufferred a fractured ankle.

$150,000.00.  Settlement for 41 year old Rixford, Pennsylvania resident who suffered back injuries when he slipped an fell in the parking lot of a doctor's office in Irving, New York.  After suit was commenced and all discovery completed the case was resolved.

$150,000.00.  Settlement for a 38 year old Olean resident who tripped and fell on some steps in a tavern suffering injuries to her low back.

$130,000.00 Settlement for middle aged woman who suffered a fall on ice while walking into work in the Town of Fillmore, Allegany County, New York resulting in serious head injuries.

$125,000.00. Settlement after a half day mediation session for a Jamestown, NY resident who suffered injuries in an incident at a big box store in Lakewood, NY.

$115,000.00.  Settlement for a Wyoming County milk truck driver who was injured when he slipped and fell on an icy driveway while making a pick up at a farm in Genesee County.

$100,000.00 Settlement for two children whose mother died as a result of carbon monoxide poisoning caused by an improperly vented heater that was installed in the apartment the mother was renting.  This settlement represented the entire liability limits available from the landlord's insurance company.

$100,000.00.  Settlement negotiated with the City of Olean's insurance company on behalf a 50 year old resident who suffered injuries to his foot after he stepped in a pothole located along the curb of a city street.

$100,000.00.  Settlement for a nursing aide from Hornell, New York who broke her wrist after the railing of the porch at her rental home collapsed.  The settlement represented her landlord's full liability insurance policy.

$100,000.00. Settlement for a 53 year old West Seneca, New York resident who suffered a fracture in her right ankle when she tripped an fell on a defective sidewalk in Pittsburgh, Pennsylvania.  After suit was commenced in Pittsburgh and initial discovery was completed the case was resolved.

$90,000.00.  Settlement for a 32 year old Olean sales representative who slipped and fell in a local pharmacy chain suffering a torn meniscus and plica injury.

$75,000.00.  Jury Verdict for a 55 year old handyman from Olean, New York who slipped and fell on an icy sidewalk and suffered injuries to his hip and low back.  We alleged that the responsibility for ice removal belonged to the owner of the adjoining property but their insurance company only formally offered a settlement of $5,000.  We tried the case in Cattaraugus County Supreme Court and the jury awarded our client 15 times more then the settlement offer.

 Other Cases of Note

$9,173,925.51.  Jury Verdict for a 45 year old man in Erie County Supreme Court, the Honorable John Curran presiding, awarded to Donald and Katherine Schultz in the amount of $8,000,000.00 after a month long medical malpractice trial.  Together with past medical expenses, the total verdict was in the amount of $9,173,925.51.

$2,250,000.00.  This was a settlement negotiated by an attorney from New York City on behalf of one of our clients who suffered injuries from a defective drug known as Rezulin.  Our office represented the client early in this case and later referred her to another excellent attorney who achieved this result in one of the first of many Rezulin claims that were filed across the United States.

$230,000.00.  Settlement for a young man from Bradford, Pennsylvania who suffered severe injuries to his hips and pelvis when the ATV he was riding on collided with a car.  We alleged the driver of the four-wheeler was negligent and that the owner of the ATV had negligently entrusted it to their young son.  The case settled after a lawsuit was filed and extensive discovery was completed.

$205,000.00.  Settlement for a resident of Rushford, New York who suffered internal injuries, including a lacerated bladder, after an ATV on which she was riding rolled over as a result of the driver's negligence.

$165,000.00.  Settlement for farm worker who suffered injuries to his foot when struck by a piece of farm equipment.  We alleged that the equipment did not have a guard, which was later sold as an optional safety device.

$100,000.00 Settlement for the family of an 8 year old Belfast, New York child who suffered injuries to his nose when bit by a dog.  The settlement represented the entire insurance policy limits available.

$100,000.00.  Settlement for a young woman from Olean, NY who suffered serious dog bite wounds to her leg.  The settlement represented the full liability insurance limits available.

$90,000.00.  Settlement for a resident of Buffalo whose father passed away while a patient at the VA Hospital in Bath, New York.  We alleged that the staff did not properly supervise the patients to ensure their safety.

$85,000.00.  Settlement for a young man from Belmont, New York for was mauled by a neighbor's dog.

$75,000.00.  Settlement for a resident of Bradford, Pennsylvania who brought a bad faith claim against his own auto insurance company for their failure to pay medical bills related to a car accident.

$25,000.00  Verdict for a Port Allegany, Pennsylvania resident who was struck in his parked car by a drunk driver and sufferred injuries to his shoulder.  This award included $10,000.00 in punitive damages which is believed to be the only sustained award of punitive damages ever recorded in McKean County history.

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