Westchester County Jury Awards $11M To 38 Yr Old Struck By Falling Fence

On June 29, 2023, a not so conservative Westchester County, New York jury awarded $11,036,539 to a 38 year old man who was struck by a falling fence on a construction site undergoing demolition. The owner of the property was found 100% liable on a pre-trial unopposed motion for summary judgment. The plaintiff worked at a garage next door to the construction site which had hired a demolition company to dismantle the buildings on a former used car lot. While walking across the used car lot, the gate of the fence being dismantled fell directly onto the plaintiff. The plaintiff suffered spinal injuries requiring a cervical discectomy and fusion. He also suffered significant soft tissue injuries to his knee requiring surgery.

The jury awarded $1M for past pain and suffering, $2.5M for 31 years of future pain and suffering; $2.257M for past and 20 years of future lost wages; and, $5.3M for past & 31 years of future medical expenses. The verdict was unanimous. As of 8/15/23, there was no post-trial motion, Judgment entered or Notice of Appeal filed strongly suggesting the verdict was settled for a lesser sum. Flores v BW 138 South Main Street LLC, 2023 WL 5175388

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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