Trip and Fall - Fractured Pelvis - Victim Wins $2.8M from Brooklyn Jury - NYC Appeals and Verdict Reduced to $1,456,000

On February 1, 2017 an appeals court that covers Brooklyn, Queens and Long Island upheld a jury verdict against New York City for excavating a hole in a street and failing to properly restore it. In November 2005 the plaintiff exited a cab and immediately tripped and fell into a hole 4-5 feet long and 4 feet wide in the street near her home. She suffered a fractured pelvis. The NYC Department of Environmental Protection had excavated the are 6 weeks before the plaintiff's accident. The City filled the hole with a cold patch and put in an order for a hot patch (hot asphalt) to seal the patch and complete the restoration. Plaintiff's roadway expert testified that the cold patch was temporary and unstable. The restoration with hot patch was not completed allowing a dangerous condition to continue.

The jury found against the City--awarded plaintiff approximately $775,000 to plaintiff for pain and suffering and $2,025,600 for future medical expenses. On appeal the liability verdict was upheld - as were the damages for pain and suffering. But the award for future medical expenses was reduced to $681,000 because there was evidence that most of the medical costs presented to the jury were attributable to unrelated medical conditions. 2017 WL 424699

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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