MEDICAL MALPRACTICE. $______ RECOVERY - MEDICAL MALPRACTICE - DEFENDANTS NEGLIGENTLY MANAGED PLACEMENT OF DECEDENT'S ENDOTRACHEAL TUBE RESULTING IN ONLY DECEDENT'S RIGHT LUNG BEING VENTILATED - RESPIRATORY ARREST - WRONGFUL DEATH.

• Pages: 22-23

The defendant, Draper Development, LLC, is the

owner-operator of over a dozen Subway franchises in

the Albany and Schenectady area of New York State.

Nick K., a former GM with the defendant at its Rotter-

dam Square Mall location, was accused by two fe-

male job applicants of offering them jobs in

exchange for sex. In one case, Mr. K’s text message

allegedly said, “Bang my brains out, and the job is

yours.” Neither complainant complied with the al-

leged offer, and were not hired.

The EEOC filed suit in the U.S. District Court for the

Northern District of New York against the defendant

Draper Development, LLC after first attempting to

reach a pre-litigation settlement through its concilia-

tion process. The plaintiff asserted claims under the Ti-

tle VII of the Civil Rights Act of 1964. The plaintiff

sought recovery of damages for the two teenagers,

as well as injunctive relief. The defendant denied the

accusation.

The matter was resolved with a settlement for $80,000

to be distributed to the two complainants. The defen-

dant further agreed to distribute a revised policy pro-

hibiting sexual harassment, conduct anti-harassment

training for managers and employees, post a public

notice about the settlement and report all sexual ha-

rassment complaints to the EEOC.

REFERENCE

U.S. Equal Employment Opportunity Commission vs.

Draper Development, LLC. Index no. 1:15-cv-00877,

12-11-18.

Attorney for plaintiff: Jeffrey Burstein of U.S. Equal

Employment Opportunity Commission in New York,

NY.

TRANSIT AUTHORITY NEGLIGENCE

$1,000,000 VERDICT

Transit Authority negligence – Defendant’s bus

driver stops suddenly as plaintiff walking to seat –

Compression lumbar fracture – Plaintiff undergoes

kyphoplasty after vertebra refractures

approximately nine months after incident and

surgery unsuccessful – No income claims.

New York County, NY

The plaintiff, in his late 60s, contended that after

he boarded the bus, he and the driver had some

words between them, and that after he began

walking down the aisle and before he reached a

seat, the bus driver suddenly applied the brakes

for no apparent reason and that he fell to the

floor of the bus.

The bus driver died before discovery. In his report, the

driver stated that he stopped short to avoid a van.

The court held that this portion of the report would not

be admissible because of hearsay and the jury was

not aware of this contention. The plaintiff presented

two passengers who testified that the bus driver sud-

denly stopped for no apparent reason.

The plaintiff maintained that he suffered a compres-

sion fracture at L-1. The plaintiff underwent initial con-

servative care, but suffered a re-fracture

approximately nine months later, which is not uncom-

mon for such injury. The plaintiff underwent a

kyphoplasty in which cement was injected into the

area with the hopes of restoring the vertebral height.

This procedure was unsuccessful and the plaintiff

claimed that he will permanently suffer extensive pain

and restriction.

The jury found the defendant 100% negligent and

awarded $1,000,000, including $500,000 for past

pain and suffering, $250,000 for future pain and suf-

fering and $250,000 for medical costs.

REFERENCE

Plaintiff’s life care planning expert: Robert Temp, Jr.

from Phoenix, AZ. Plaintiff’s physiatrist expert: David

Spinner, M.D. from New York, NY.

Vitkansas vs. NYCTA, et al. Index no. 162725/15;

Judge Martin Shulman, 01-14-19.

Attorney for plaintiff: Gerard N. Misk of Ginsburg &

Misk in Queens Village, NY.

$450,000 RECOVERY

Transit Authority negligence – Rear end collision –

Plaintiff driver, forced to stop with strong pressure

on brake, struck in rear by defendant driver of

“Access-A-Ride” bus and propelled into defendant

driver in front (driver no. 2) approximately 10-15

seconds after possible collision between

defendant drivers no. 1 & 2 – Two cervical

transverse process fractures and corresponding

ligament damage – Severe pain upon everyday

activities involving lifting or bending.

Kings County, NY

The 73-year-old plaintiff driver related that after a

possible collision between the two drivers in front

of her on the Verrazano Bridge, she was able to

22 VERDICTS BY CATEGORY

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