Slip & Fall - Spinal Injuries - 38 Yr Old Victim - Awarded $8M By Brooklyn Jury

On November 7, 2022, following an 8 day trial, a Brooklyn jury found that the New York City Transit Authority (NYCTA) was negligent for allowing a dangerous snow and ice condition to exist for approximately two days on an exterior staircase to an elevated subway track in the Bronx. The jury awarded the 38 year old female victim/plaintiff $8,000,000 which included $4,000,000 just for her pain and suffering. In denying a post-trial motion to set aside the verdict on February 2, 2023, the Court noted that the NYCTA was not entitled to the defense of a "storm in progress doctrine" as there was no precipitation in the 24 hours prior to the accident. The Court also rejected the NYCTA's argument that the plaintiff was partially at fault for choosing the exterior staircase rather than an elevator reasoning that there were no warning signs posted advising the public to use the elevator.

The plaintiff had a pre-existing back condition and prior surgeries. Subsequent to the accident she underwent a lumbar laminectomy, two lumbar fusion procedures and a cervical discectomy resulting in a debilitating complex pain/post laminectomy syndrome. However, she did resume her employment. Garcia v NYCTA, 2023 WL 2352519

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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