Jury Awards More Than Asked For in Lawsuit Victory by New York Accident Lawyer
07/08/2011 // New York, NY, USA // New York City Accident Lawyer // Jonathan C. Reiter- New York Injury Lawyer
NEW YORK, NY, July 6, 2011 – Glenn A Herman, a New York accident lawyer at the Law Firm of Jonathan C. Reiter, has won a decisive, million-dollar verdict in a hotly contested New York personal injury lawsuit. The $1,050,000 award, announced on June 28, was actually a greater amount than that sought by the plaintiff, an 89-year-old widow who suffered debilitating injuries after slipping on a carelessly placed plastic drop cloth during renovation work in her Manhattan apartment. The stunning verdict was reached after only 40 minutes of jury deliberation in the case, Marie Wilson v. Skyline Windows, LLC, VII 752 West End Owner, LLC and Caran Properties, Inc., Supreme Court, Bronx County.
“A jury awarding more than the plaintiff asked for is something that happens in the movies — it’s rare in real life,” says Glenn A. Herman, the New York accident lawyer and managing partner at the Law Firm of Jonathan C. Reiter who served as counsel for the plaintiff, Marie Wilson. “What it demonstrates is a total refutation of the other side’s case — and total vindication for a woman who was healthy and active before suffering harm at the hands of those entrusted to do their job well, and right.”
Ms. Wilson’s injuries — which required hip replacement surgery and extensive physical therapy — were incurred on March 5, 2009, as workers were replacing the windows in her studio apartment. Prior to the workers’ arrival, the apartment had been prepared for the work by the building’s landlord and its managing agent, co-defendants VII 752 West End Owner, LLC and Caran Properties, Inc., respectively. As evidence in the trial demonstrated, they had moved furniture away from the windows and set up plastic drop cloths. The contractor, co-defendant Skyline Windows, LLC, was to do the actual window replacement, and be responsible for the safety on the worksite.
How, exactly, Ms. Wilson fell became the main issue of contention during the 6-day trial. While the contractor’s foreman claimed to be an eyewitness, and testified that Ms. Wilson tripped over a rug that had been rolled up by building workers, Attorney Glenn Herman presented evidence to refute this, including the victim’s own testimony that she had slipped on the drop cloth, which, she said, had been bunched up at the bottom. The plaintiff’s New York injury lawyer also called other witnesses, including the victim’s daughter and son-in-law, who both testified that Ms. Wilson told them she had slipped on the plastic drop cloth. A hospital record, introduced at trial, also demonstrated that immediately after the accident, Ms. Wilson had told medical staff treating her that she had slipped on a plastic drop cloth.
“Clearly, the jury did not believe the foreman, whose story was not in any accident report and could not be corroborated by anyone else working for the contractor,” says New York injury lawyer Glenn Herman. “Indeed, the fact that the jury took less than an hour to decide the case, and came back with a larger amount than we asked for shows exactly what they thought of the contractor’s argument.”
The jury award comprises $450,000 for past pain and suffering and $600,000 for future pain and suffering — an increase over the $900,000 total Wilson had sought. The verdict apportions 40 percent of the blame to Skyline Windows and 60 percent to VII 752 West End Owner and Caran Properties, with responsibility for the $1,050,000 award divided accordingly.
Ms. Wilson, who even in her 80’s had been an avid walker and hiker prior to her injury, has made remarkable progress since her fall, progressing from a walker to a cane to walking unassisted, but her mobility will never again be what it was. “She’s a fighter, and we’re glad we could fight for her,” says New York accident lawyer Herman, “but this was a terrible injury — and negligence — that never should have happened.”
About the Law Firm of Jonathan C. Reiter
For more than 30 years, the Manhattan-based accident law firm of Jonathan C. Reiter has been among the country’s leading aviation, personal injury, and medical malpractice law firms. Their New York injury lawyers are dynamic, compassionate, and experienced trial lawyers with an impressive track record for winning just awards for clients in catastrophic injury and wrongful death cases. They are committed advocates — and partners — for those who have been seriously injured or killed as a result of airline crashes, medical malpractice, defective products, construction accidents, mass disasters, and other types of negligence.
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