Appellate Court Upholds $2M Nassau County Verdict For Pain & Suffering During 4 Days Between Accident & Death

On October 5, 2022,  an appellate court upheld the finding of a Nassau County jury verdict against the Town of Hempstead for the wrongful death of a 69 year old Great Neck man who was killed while riding a motorized scooter as a result of a faulty roadway design. The decedent was riding on Bayview Avenue in Great Neck with the right of way when he was struck by a vehicle that made a right turn from Shore Park Avenue onto Bayview Avenue crossing his path.

The other driver had stopped for a stop sign before making the right turn but didn't see the scooter because his view was obstructed by trees and shrubs on a median. Approximately five (5) years before the accident the Town of Hempstead had repaved Bayview Avenue and moved the stop line 27 feet back from where it had been located on Shore Park Avenue. There was a median between opposite lanes of traffic on Bay Park Avenue with trees and shrubbery close to the intersection which now blocked the view of the drivers at the relocated stop line.

The decedent suffered multiple fractures throughout his body, vascular and internal injuries. He survived for four days before he succumbed to his injuries. His wife testified as to the degree of his conscious awareness of pain and its severity resulting in a jury verdict of $2,000,000 for pain and suffering alone ($500,000 per day).The appellate court found that this award was fair and reasonable. Prior to the trial the Town of Hempstead unsuccessfully appealed the denial of a motion to dismiss this case on the ground of qualified immunity. The appellate court rejected this argument stating that the Town of Hempstead had failed to establish that they undertook a study which considered the risk presented to motorists when it relocated the stop sign and stop line. Schneider v Town of Hempstead, 2022 WL 506968

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top