NYC Transit Authority Ordered To Pay $1.8 M to Motorist Struck By Metal Object That Fell From Elevated Track

In 2016 a Queens Jury awarded $1,800,000 to a motorist involved in a car accident due to a metal object that fell from an elevated subway track over a road and through the windshield of the plaintiff's car. The NYC Transit Authority (NYCTA) refused to pay and appealed claiming the award was excessive and that the trial judge should not have allowed the piece of metal to be shown to the jury. On October 16, 2019, the Appellate Court rejected both arguments and ordered the NYCTA to pay plaintiff $1,967,633 which included medical expenses and accrued interest since the trial.

The plaintiff, Alfonso Rojas suffered a complex laceration of his dominant right forearm that required a skin graft taken from his thigh resulting in permanent scarring, weakness and limited range of motion in his hand and fingers. He underwent two surgeries during a two week hospitalization and two months of physical therapy. Rojas told the jury that he experienced excruciating pain before and after each surgery and continues to suffer pain. The jury awarded $800,000 for 5 years of past pain and suffering; and, $1,000,000 for 15 years of future pain and suffering. Rojas v NYCTA, 2019 WL 5198765

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!


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