This victory was the culmination of more than six years of legal efforts by the Ginarte firm. The Appellate Division of the Superior Court of New Jersey, jury decided in favor of the workers and against the Acme Chemical Company. Upon receiving the news, Mrs. Cristina Contreras exclaimed with joy, “I am very happy with the decision of the Appeals court and I have to thank my lawyer, Ginarte for all the help he has given me during these long years that I have been unemployed.”
The event that started this lawsuit occurred when Cristina and her partner, Fernando Rivera, were working as chemical operators and were unloading chemicals from a railroad car when they inhaled toxic gases, emitted by the Acme Chemical Company.
The victims were admitted to an emergency room in intensive care, staying there for several weeks. In need of legal advice, they went to Ginarte where they filed a lawsuit against the Acme Chemical Company, which refused to pay compensation for damages caused to the victims. The trial took place in Superior Court which lasted more than eight weeks where many experts and doctors testified who confirmed that both Ms. Contreras and Mr. Rivera had suffered damage to the respiratory tract and neurological system.
However, the fact that the jury decided completely in favor of the workers, the Acme Chemical Company decided to appeal this decision.
After an additional 2 years of legal efforts, the Court of Appeals finally accepted the jury’s decision in favor of the workers.
Ginarte stated: “We are all very happy as this was a very difficult case and for the past six years we have worked hard to achieve this victory for our clients.” We were able to prove in court that the Acme Chemical Company was totally negligent and at fault for this unfortunate accident.
The accident occurred when Mr. Deleg, who worked as a truck driver, delivered merchandise to a construction site in New York. Unfortunately, Mr. Deleg was unloading the merchandise from the truck when a construction worker accidentally caused a pallet to fall on him. He was immediately taken by ambulance to the hospital, where he remained hospitalized for several weeks. Unfortunately Juan suffered serious injuries to his head, face and nose and had several surgeries. Ginarte stated, “This is a great victory for our client. The most important thing is that Juan has already recovered and with this money he will be able to start a new life,” added Ginarte.
The lawsuit was filed in the New York County Supreme Court. During the course of the case, Ginarte accused the contracting company and its employees of negligence and lack of care. During the course of the case, defense attorneys refused to admit that their clients had been guilty of negligence. They finally admitted guilt and Ginarte managed to get the total sum of $12 million dollars.
The event that started this lawsuit occurred when an iron beam fell on Mr. Silva while he was working on a construction site. Unfortunately, Mr. Silva suffered serious injuries.
He was immediately transported by ambulance to a local hospital where he was unconscious for a period of three (3) weeks.
Due to the accident, Mr. Silva has suffered permanent injuries, including forgetfulness, which prohibits him from returning to work. Ginarte started a negligence lawsuit against the general contractor and the construction site owners.
Ginarte stated “this victory represents a great triumph for Raul and his family, since we were able to verify that federal worker safety laws (OSHA) had not been complied with and that the accident was caused by said safety violations.
Ginarte’s legal team was also able to prove that both the general contractor and the site owner were negligent in the way they supervised the construction project. Few security measures were found to exist and these violations were the causes of the accident.
Mr. Silva was hospitalized for several months and has not been able to return to his work after this terrible accident. The lawsuit was filed in the Supreme Court of Kings County (Brooklyn.) During the course of the case, defense attorneys refused to admit that their clients were at fault for this accident. However, they finally admitted to being guilty and Ginarte managed to get the total sum of eleven million five hundred thousand dollars $ 11.5 million dollars in favor of Mr. Silva and his wife.
Juan Lopez, 62, thus won a legal fight of more than a year against the manufacturer of the machine he was operating when he suffered the accident.
The event that started this lawsuit occurred when Mr. Lopez worked in a factory. Unfortunately, Mr. Lopez was the victim of a horrible accident that practically ripped off his right arm. He was rushed to Mt. Sinai Hospital in New York, where surgeons tried to save his arm. Unfortunately although the doctors did their best, he completely lost his right arm.
In need of legal advice, he went to the Ginarte Law Offices, where they began a lawsuit for compensation. But in the course of investigating the accident, Ginarte became convinced that the accident was caused by defects in the machine that Mr. Lopez was operating. As a result, Ginarte also started a legal claim against Hackmeyer Equipment Corporation, the manufacturer of the machine.
An engineer hired by Ginarte confirmed that the machine was defective. During the investigation it was discovered that the company manufacturing the machine had not incorporated into the design, safety measures to prevent accidents during the operation of the machine.
Juan Lopez immediately received $10 million in cash and plans to retire in Florida. Upon receiving the news, Lopez exclaimed with joy, “Now I will be able to retire and buy the house of my dreams and live in peace.” Mr. Lopez has 4 adult children who reside in California, Nevada, Florida, and added that he wants to share his new fortune with his children and grandchildren. Ginarte stated: “This victory represents a great triumph for all immigrant workers who come to this country in search of work and who suffer accidents due to defective machinery and equipment.
Ginarte added: “The companies that manufacture and design industrial equipment and machinery have the obligation to provide safety measures to prevent this type of accident.” Finally, Mr. Lopez added, “I have a lot to thank the Ginarte Law Firm for all the effort and dedication that made it possible to win my case.”
Attorney Joseph Ginarte announced a series of settlements totaling the sum of 15 million dollars on various matters venued in both New York and New Jersey. Among the cases settled were the following:
$3,000,000: A New York labor law case against a general contractor and owner of a construction project. The Ginarte law firm represented Jose Crespo. Mr. Crespo’s arm was injured when a heavy pipe fell due to improper installation, causing the client to sustain severe, permanent, injuries and rendering him totally disabled.
$1,475,000.00: In a products liability action against the manufacturer of a machine, the firm represented Mr. Mauro Lopez. Mr. Lopez’s arm became trapped inside the machine due to a defect, and he suffered severe, permanent injuries that rendered him permanently and totally disabled.
$1,500,000.00: In this medical negligence case, the firm represented Melba Soto against the hospital and doctor for negligence during child birth, which caused her infant to be born with cerebral palsy. As a result of this negligence, will never be able to live a normal life.
$3,900,000.00: The firm represented Mr. Antonio Campo in a New York State Labor Law action for a work related accident, where Mr. Campo sustained permanent injuries while working on a construction site.
$1,375,000.00: In the matter of H. Hemed, the firm represented an injured worker in a case involving permanent injuries from severe burns that were sustained in a chemical explosion factory accident.
$1,500,000.00: The firm represented infant, Albert Smith and his guardian, in an action against The State of New Jersey and DYFS for severe burn injuries sustained by child, while he was under the care of a foster parent due to lack of supervision and negligence.
Joseph Ginarte stated, “we are very pleased with the results, and even more pleased that we were able to help Mrs. Campos and her young daughter. This was a very difficult case, and we were able to establish that this accident could have been prevented, if the defendants had taken necessary steps to provide proper fall protection and other safety measures” Furthermore, Mr. Ginarte added, “we are especially pleased with the results since several other law firms had told the Campos family that there was nothing that could be done for them.”
A Hispanic worker who suffered a traumatic brain injury from a fall off a ladder received a $14 million verdict, according to his lawyer Mr. Jose A. Ginarte.
Nicholai Jimenez, 25 years old, was a native of Cartegena, won this three year legal battle against his employer who did not provide proper safety equipment for his job causing him to suffer significant injuries, including a traumatic brain injury.
Mr. Jimenez was working on installing new electrical wiring on a ladder. When installing the wire, Nicholai was using an old ladder in dire need of repair that his employer refused to fix. While at the top of the ladder installing the wire, Nicholai fell due to the unstable ladder. He fell 32 feet to ground placing him in a coma for over a week. The horrific accident caused frontal lobe injury, brain bleed as well as multiple facial fractures requiring several surgeries.
Nicholai was stationed in a NY hospital for over a month after the accident receiving treatment for his injuries. Unfortunately, once released from the hospital the repercussions from the accident did not stop. Mr. Jimenez suffered several seizures and still continues to complete neuro-cognitive therapy.
Nicholai’s attorney, Mr. Ginarte was convinced this accident occurred due to the faulty ladder and through no fault of Nicholai’s labor. Through a strenuous investigation, Mr. Ginarte was able to prove that the injuries and horrifying accident Nicholai endured, it was due to the improper safety measures and prevention of Nicholai’s boss.
Mr. Jimenez and his family were extremely grateful for the compassion, dedication and determination of Ginarte and team of legal experts. “Although Nicholai will never fully recover from this accident, we can still provide for our family.” Nicholai’s wife, Linda expressed. “Had it not been for Mr. Ginarte I don’t know what we would have done.”
A construction worker who suffered electrical discharge at a construction site was awarded $8.933 million in his NY Southern district suit, Daniel Rivera, Plaintiff, v. HOME DEPOT U.S.A. et al on April 11th, 2018.
Daniel Rivera, 37 years old at the time of the accident, was working on a construction site in Yonkers, New York on August 22nd, 2015. Mr. Rivera was climbing an unsecured metal ladder, the ladder shifted coming into contact with a live electrical wire, causing Daniel to endure grave injuries including immobile left arm, vision loss and significant pain to left side of his body.
An ambulance transported Mr. Rivera to nearby Saint Joseph’s Medical Center where he was treated for his injuries. Mr. Rivera was discharged from the hospital three days after the accident.
The Ginarte Law Firm attorneys; Steven Payne with the assistance of Joseph Carfora, Michael Edelman and Timothy Norton argued successfully that Bryan’s Home Improvement Corp, a subcontractor for the defendant Home Depot USA Inc., failed to introduce any evidence to contradict two expert witness reports, thus entitling Mr. Rivera to summary judgement as to economic damages.
Mr. Rivera’s employer, Bryan’s Home Improvement Corp., did not provide any precautions against electrical hazards such as but not limited to; posting and maintaining proper warning signs, or permitting an employee to work in proximity to any part of an electric power circuit unless the employee is protected by de-energizing the circuit and grounding it or by guarding such circuit by effective insulation or other means.
Daniel Rivera underwent numerous surgical procedures including; knee surgery, discectomy, Left L5-S1 foraminotomy, several epidural steroid injections in an effort to treat injuries obtained from electrical discharge.
On Friday, November 15, 2013, Jose Criollo was working as a laborer employed by Empire Home Improvements, Inc. working on a construction site known as Woodcrest at Clark located on Westfield Avenue in Clark, New Jersey. Mr. Criollo was assisting masons who were installing stone veneer on the exterior of the building. The masons were on the fourth level of a scaffolding tower and Criollo was directly underneath supplying materials. At approximately 3:30 to 3:45 pm, stone dust and debris fell from above into Criollo’s eyes. While rubbing his eyes Criollo took a step or more backward and fell to the ground.
Patrolman Joseph Mirabile of the Clark Police Department immediately responded to the scene. He noted that Criollo was laying on the ground and bleeding from the back of his head. Criollo advised he could not feel his legs and was unable to move from the waist down. He was taken by ambulance to Tamaques Park in Westfield, New Jersey where he met and was transported by a helicopter to University Hospital in Newark, New Jersey.
Criollo was diagnosed with a fractured spine at level of the T12-T13 vertebral bodies with a complete spinal cord injury. Mr. Criollo underwent extensive emergent surgery and remained an in-patient at University Hospital from November 15, 2013 through December 19, 2013. He was discharged directly to Kessler Institute for Rehabilitation where he remained an inpatient for four months from December 19, 2013 through April 17, 2014. Tragically, all of this care did not improve Mr. Criollo’s condition. When he returned home after five months to his wife and son he was a 46-year-old paraplegic.
After four years of litigation the matter settled in 2017 for $8,225,000.
Lewis Rosenberg, Esq. obtained a victory in the amount of 7,500,000.00 for our client. Due to a lack of care and delay in delivery, the plaintiff suffered hypoxia and sustained severe brain damage at the time of birth that will impact that rest of her life. This young baby will need lifetime treatment and currently receives occupational therapy, speech therapy, and feeding therapy. In less than 2 years the Ginarte Law Firm was able to settle this case for a multimillion sum that will hopefully provide a better quality of life for the baby and the family as they deal with the permanent and lasting consequences of the hospital’s negligence.
Ginarte Law Firm obtained a $6,500,00.00 settlement on behalf of Elba Galeno in Galeno v. NJ Tranist.
Miss Galeno was struck by a New Jersey Transit bus, while she was crossing the street at the intersection of Market and Main Streets in Paterson, NJ. As a result of the horrific accident, she sustained severely comminuted open fractures and crushing injuries to both legs. Ms. Galeno ultimately underwent an amputation of her right leg below the knee.
“A minor who lost part of his arm in a meat grinder in a Paterson store where he worked was paid a portion of his $5.5 million settlement Jan 18 in his suit, Ucelo v. Mi Esquina Corp.
In September 2012, Fredy Ucelo, then 17, was working at El Nuevo Bodegon, using a table mounted meat-grinding machine. His right, dominant hand got caught in the machine’s metal teeth, and he ultimately lost his arm to just below the elbow, according to his lawyer, an attorney of Ginarte, Gallardo, Gonzalez Winograd in Newark.
The suit, filed in Essex County, initially names as a defendant the machine’s manufacturer, which did business in that county. But the manufacturer later was dismissed, Ginarte Law Firm said.
The suit alleged that the machine was missing a guard for its opening, and claimed the task Ucelo was performing was prohibited for minors by federal and state statute as a potentially hazardous task.
Mi Esquina Corp. is the owner of El Nuevo Bodegon.
Ucelo underwent surgery and had a claim for psychological harm. He had trouble with the weight of a mechanical prosthesis, and rejected an alternative one, Ginarte Law Firm said, noting that he argued it’s common for young men to have trouble adjusting to a prosthesis.
The defense claimed comparative negligence disputed liability and contended that Ucelo’s situation was made worse because he refused a prosthesis, according to Ginarte Law Firm.
Superior Court Judge Christine Farrington, ruling on summary judgement motions last year, held that Ucelo, though an undocumented immigrant, could pursue a lost-wage claim because he was minor when the injury occurred and because the employer was alleged to have caused the injury, Ginarte Law Firm said.
In lodging the suit, Ucelo surrendered any right to further workers’ compensation payments, but had no cap on his recovery, as per the New Jersey Workers’ Compensation Act….”
– By David Gialanella
In addition, attorney, Ginarte Law Firm, added, “this accident could have been prevented if the manufacturer had taken proper steps to ensure the proper design of this machine.”
Ginarte Law Firm stated, “this is a tremendous victory for Mr. Silva and his family since we were able to establish that Viera’s Bakery did not comply with safety guidelines required by law.” The Ginarte law firm was able to establish that Viera’s Bakery was negligent in failing to properly supervise this construction project. There were numerous safety violations at the subject construction site, which contributed to the cause of this accident. Attorneys, Joseph Ginarte and Ginarte Law Firm, stated, “we are delighted to achieve this significant settlement on behalf of Mr. Silva and his family, and we are especially pleased because this was a very difficult case, and we were able to achieve a terrific outcome for our client.”
Steven Payne, Esq. obtained a settlement in the amount of $3,000.000.00 for a client who was knocked down by an MTA bus that was turning right as she was crossing the street. As a result of being struck by the bus, Ms. Castillo sustained severe and permanent injuries including extruded disc herniation, head trauma, and both cervical and lumbar fusions. Ms. Castillo continues to suffer as a result of the negligence in the operation of the bus though she is grateful for the team at the Ginarte Law Firm for helping her.
“The truck driver, U.S. Food Service Corp. employee John Gardner, was tick-eted for careless driving and driving a truck in the car-only lane, and pleaded guilty to unsafe driving,” Ginarte attorney, Michael Gallardo says.
“Oberg underwent a lumbar fusion and surgery for a torn knee meniscus and bilateral carpal tunnel syndrome, Gallardo says. Now, 56 years of age, she takes medi-cations for pain, numbness, swelling, and inflammation, and has not returned to her job as a laboratory assistant at a pharma-ceutical company,” he adds.
The lift gate attached to a truck broke suddenly and unexpectedly causing Mr. Lopez to fall to the ground and sustain serious injuries while he performed a delivery of a pallet of copy paper in July 2013. The plaintiff underwent extensive treatment and several surgeries and suffers residuals of the injuries. He is limited in his ability to lift; bend and perform strenuous activities. John Ratkowitz, Esq. recovered a settlement on behalf the plaintiff in Essex County.
He suffered fractures on his right hand, both ankles, injuries on his back, shoulders and left arm. In total he has undergone 5 different surgeries because of this horrific accident. At one point he had a cast on both of his feet. Last week attorney Steven Payne, was able to settle this case for $2.25 million.
The Ginarte Law Firm argued in Essex County Superior Court that Escada now 37, will have to deal with extremely blurry vision for the rest of his life. His partial blindness affects his daily life making normal activities such as walking difficult because of his impaired depth perception. After five days the jury found Rock Ridge negligent and awarded Encalada $2 million.
Mr. Riccio was a unionized helper working for the elevator Co. which had been hired to modernize the elevators in its 6 story commercial building in Clifton New Jersey. On December 10, 2014 while exiting the elevator machine room located on the roof, Mr. Riccio stepped onto a metal grating which slipped off its angle support and slipped into a vertical position. Mr. Riccio immediately was thrown into mid air and while attempting to grasp the sides to save himself, hyper-extended both shoulders and twisted his right knee, ultimately landing on the hanging grating laying face up in an awkward position opposite the direction he had been coming. He was treated and released after presenting with multiple complaints. However plaintiff returned to work later that next day and continued working albeit with difficulty over the course of the next week. He then sought out further medical attention and subsequently was required to undergo arthroscopic surgery for a tear of the medial meniscus of the right knee and sequentially also had arthroscopic surgeries for bilateral torn labrums in the shoulders as well as a torn rotator cuff in the left shoulder.
Partner, Richard Winograd, achieved a $2,000,000 settlement on July 12, 2012 in New York County Supreme Court for 67 year old Wilbur Rocco, a truck driver who injured his back, while working at a construction site in Lower Manhattan on December 14, 2007. Mr. Rocco’s injuries occurred when he was seated inside the cab of his stationary tractor, while several tons of steel studs, which were being hoisted in a sling by a crane, fell on the truck and cab. The sling that was holding the studs ripped apart during the hoisting process, when the studs were approximately 14 stories above the ground, causing the studs to come crashing down to the ground and the truck which, in turn, caused Mr. Rocco to fall to the floor of the cab.
Mr. Rocco sued several entities for negligence in their respective roles in allowing for the use of the sling, which tore apart and caused the accident. The injuries to Mr. Rocco’s back rendered him totally and permanently disabled, requiring extensive medical treatment that ultimately led to severe complications despite multiple surgeries, which included discectomies, laminectomies, and fusions.
The Defendants contended that Mr. Rocco was contributorily negligent, because he should not have been in the “pick zone” during the hoisting of his load, and that any injuries he claimed to his back were not related to this accident. Mr. Winograd successfully overcame these defenses, and Mr. Rocco received substantial compensation for his injuries.
Partner, Richard Winograd, achieved a $2,000,000 settlement on April, 2017 in New York County Supreme Court for a longshoreman, in his early 50s who fell after a large number of lashing bars shifted under his feet, causing him to suffer a cervical and a lumbar herniation. The large number of lashing bars used to secure cargo were left in passageway, causing plaintiff to fall.
Ginarte Law Firm obtained a $2,000,000.00 settlement on behalf of Guillermo Hernandez in GUILLERMO HERNANDEZ v. CLEARVIEW DEVELOPMENT OF NY, INC., et al.
The Plaintiff was caused to fall from a ladder in violation of New York State Labor Law during the course of his employment duties while working on a ceiling in a network room. As a result of the negligence by the Defendants, the Plaintiff sustained several injuries including a comminuted fracture of the right heel bone and internal ankle derangement requiring right ankle arthroscopy.
Client was cleaning windows when then scaffold he was working on tipped over. The client sustained a fractured calcaneus. Steven Payne, Esq. fought for our client and obtained a $2,000,000 settlement.
The product-liability suit, venued in Hudson County, named the machine’s manufacturer, Sender Ornamental Iron Works Inc., of Pennsylvania. Ginarte Law Firm says the award, offset by a workers’ compensation lien of $310,000, was paid on July 29. Sender Ornamental’s carrier, the Continental Insurance Co., retained Lee Eckell, of Princeton’s Post & Schell. He refused to confirm the settlement.
New York State Labor Law provides a remedy of reinstatement and back pay for Whistleblowers such as our client who suffers from retaliation. However this strangely requires, before suing they must first report this to in- department authorities, which in this case was the Commissioner who committed the wrongdoing. City attorneys first had the case dismissed for not complying. An appeal to the Appellate Division overturned that dismissal, ruling the client’s good faith attempt to furnish notice , conformed to the laws notice requirement and ordered a damage trial. The trial judge the awarded only $175,000. for back pay, despite proof that more than $388,000. in pay was lost and interest of almost $275,000.had accumulated, denying both interest and reinstatement. On a second appeal the Appellate Division again overturned the lower court and ruled that the client entitled to the proven lost pay, with interest and reinstatement. The City they appealed both intermediate appellate rulings to the State’s highest court, New York Court of Appeals in Albany. Argument, which may be seen on the Courts website, was heard on September 16.The Court issued its decision on October 22, affirming the earlier rulings, providing our client with a complete victory. This is estimated to cost the City about 1.4 million dollars for back pay, interest and attorney’s fees and requiring that he be reinstated.
The jury found that Sea-Land was 100% negligent in the case, Ginarte said. The attorney representing Sea-Land could not be reached for comment. Ginarte said Sea-Land took the position that because Fanoli was in his 60s; the case was not worth as much as it would for a younger couple. “Fanoli walks with a cane, and most likely will have to undergo a second hip replacement operation,” his attorney said.
“Money cannot replace his health, but it will help him. They will be able to at least have the monetary means to enjoy their golden years together,” said Ginarte, who tried the case with his partner, Richard Winograd.
The Ginarte Law Firm obtained a recovery in the amount of $1,000.000.00 for a client who slipped and fell due to extensive ice throughout the sidewalk abutting a commercial property. The client lost her balance and forcefully fell on the sidewalk twisting her right ankle and leg awkwardly. She underwent open reduction internal fixation surgery resulting in significant and permanent scaring, loss of mobility and function, and continues to have discomfort and limitations due the incident on a daily basis.
Mr. Cardenas suffered a serious fall after the supporting bracket of the A-Frame ladder he was using to paint a ceiling snapped. The dangerous and defective condition that existed in that ladder was in violation of several industrial codes. As a result of the employer’s negligence, the Plaintiff suffered numerous serious injuries including a hip fracture, a left femur fracture, left knee injury, and several disc bugles and deformations. Additionally Mr. Cardenas underwent several surgeries and extensive medical treatment.
Surgeries—Cervical spine, neck (2)
In May of 2011, Mr. Cabrera fell several feet off a scaffold after his employer failed to properly inspect the scaffold and ladder to see that they were safe and proper. As a result of the accident the Plaintiff suffered serious injuries to his left knee, right wrist, and right elbow. He underwent extensive medical treatment and was unable to perform the duties and requirements of his job and sustained loss of wages and benefits. Luckily, Steven Payne, Esq. was able to work fast to come to a resolution for the client.
On June 22, 2007, Carol Radzikowski was walking from her apartment at the Hillside Village Apartments in Hillside to the parking lot, when she tripped and fell on an exterior stairway.
Her attorney, Michael Gallardo, of Ginarte Gallardo Gonzalez Winograd L.L.P., in Newark, blamed improperly placed guardrails that diminished the width of the steps, poor lighting, and shrubbery that grew over the steps.
Radzikowski, who suffered a bimal-leolar ankle fracture that required open reduction surgery, sued the apartment complex for negligence.
Defense attorney, Richard Tango, of McDermott & McGee in Millburn did not return a call, but Michael Gallardo says, “the complex denied negligence and argued that it was not on notice of a dangerous condition.” He adds, “the defense noted that Radzikowski had been up and down the steps hours before the accident, was carrying two bags at the time, and had made a good recovery. The defense asked that the jury consider her negligence as the cause of her fall.”
On Jan. 31, the jury awarded $778,500 and apportioned comparative liability of 50 percent to each party, so the recovery was molded to $389,250.
Superior Court Judge, Honorable Menelaos Toskos presided at trial.
— By Jon Steiger
Mr. Simota was violently and forcefully struck by a vehicle that failed to yield the right of way while he was riding his bike in the summer of 2014. Mr. Simota sustained multiple serious injuries that left permanent and painful damages including facial fractures, traumatic brain injury, and complete paralysis of several cranial nerves.
Due to the negligence of the company, attorney Steven Payne was able to argue that an employee disregarded prior warnings to open the sectional door was the direct cause of our client’s injuries. The Ginarte team fought hard for this case and it settled in April 2017 for $550,000.
The difficulty with this case was that the general contractor alleged that the construction at the site had concluded when the accident had occurred. Thus, it was argued that the general contractor did not have a duty to provide plaintiff with a safe work environment since plaintiff was no longer working for the general contractor.
All parties agreed that while the construction was going on, plaintiff’s duty at the site was to plant shrubs. All parties also agreed that plaintiff was performing the “warranty” portion of his work when the accident occurred. In other words, plaintiff’s employer had provided a warranty to defendant and the defendant property owner that the shrubs planted would survive for at least one year.
Defendants also argued that plaintiff was responsible for the accident. It was alleged that plaintiff used a ladder he should have known was broken.
Ginarte was able to secure evidence suggesting that the defendants knew of the unsafe ladder and the use of that ladder at the construction site before the accident had occurred. Ginarte argued that OSHA regulations required the removal of the ladder from the work site. Ginarte also secured evidence that the defendant was aware of the plaintiff’s presence on the site on the date of the accident.
Ginarte argued that even if the defendants’ property was “up-to-code”, the property should have been safer given the nature of the defendants’ business. Additionally, Ginarte was able to put forth evidence that the defendants’ procedure for admitting patrons into their place of business caused patrons to descend down stairs in a dangerous manner. The stair case at issue had only one hand railing. The hand-railing was on the right side of the stair case. However, because of the way defendants’ security guards were positioned, patrons were forced to descend down the stairs on the left. Thus, nullifying any safety benefits of a hand-railing.
The matter was arbitrated at the Superior Court of New Jersey. Ginarte rejected the arbitration award and moved to proceed to trial. However, prior to trial, Ginarte was able to recover $130,000.00 on behalf of the plaintiff. This amount was greater than the Superior Court arbitration award.
Ginarte hired an accident reconstruction expert who reconstructed the accident and determined that even if everything the defendant argued was true, the defendant should have been able to see the plaintiff’s vehicle in a sufficient amount of time to avoid the accident, had he not been speeding.
$115,000 PRESUIT RECOVERY, INCLUDING $70,000 FROM COMMERCIAL PIZZERIA TENANT AND $45,000 FROM SNOW REMOVAL CONTRACTOR
Slip and fall on ice several days after precipitation – Plaintiff contends no salt applied and melting/refreezing occurs, causing sheet of ice on which plaintiff slipped and fell – Fracture of dominant ulna – Surgery – No income claims
Bergen County, NJ
The plaintiff, 47 at the time, contended that he slipped and fell on a sheet of ice on the sidewalk abutting a pizzeria The plaintiff also named the snow removal contractor.
The defendants maintained that the snow and ice was properly removed after the last storm and denied notice.
The plaintiff countered that the contractor failed to apply salt or other chemicals, resulting in thawing and refreezing.
The plaintiff suffered a fracture to the ulna on the dominant side. The plaintiff maintained that he will suffer pain and limitations permanently despite an open reduction and internal fixation.
The plaintiff made no income claims.
The case settled prior to the institution for $115,000, including $70,000 from the commercial tenant and $45,000 from the snow removal contractor. The case settled before the plaintiff obtained a liability expert.
by Brian Kessler at Jury Verdict Review
Branco vs. D&R Original Pizza, et als., 03-00-15.