Our Success

A 25 year old construction laborer working at a residential building construction site in Manhattansustained a fracture to his foot, ligament injuries to his ankle and resulting lower back injuries when a heavy steel beam fell off an A-frame cart while the plaintiff and his co-workers were preparing to offload it on an upper floor.

It was our position that the building owner and the general contractor hired to do the construction failed to provide our client with the necessary and proper devices and equipment to provide him with protection and safety mandated by the Labor laws of the State of New York,and more specifically Labor Law §§240 and 241. Only after hard fought and protracted litigation including Defendants’ unsuccessful motions seeking summary judgment and dismissal of our case on the grounds that our case did not fall within the protection of the Labor Law statutes (because of the insignificant height differential between the A-frame and the floor level) did the Defendants suggest going to a mediation for the purpose of reaching a settlement prior to any trial. As a result of our presentation at mediation and the skillful mediator who worked very hard with all sides, we were successful in achieving this $2,100,000.00 settlement for our deserving client.

On the eve of trial after years of protracted litigation where we would not back down, the New York City Transit Authority finally accepted responsibility…

for negligently running over our client with a subway train at an uptown Manhattan subway station after our client had previously fallen onto the subway tracks. Although the motorman operating the train attempted to claim in a written report that our client jumped in front of the train, we were prepared to show that the motorman who was operating the train falsified his report and should have seen him on the tracks as he was approaching the station. Notwithstanding his significant and traumatic injuries requiring bilateral lower leg amputation of his legs, this was still a very difficult case because a jury may very well have attributed a large degree of fault to our client for his presence on the tracks. (New York County)

A jury held the sponsor of a company picnic liable for causing the loss of eyesight in our client’s eye after he had been struck with a bottle rocket that was ignited

during a July 4th picnic. We were able to prove that the sponsor failed to properly manage and supervise the picnic at which time fireworks were permitted to be ignited without any proper supervision. (Bronx County)

Motorist found liable for negligently backing up out of a parking space which resulted in our 66-year-old client being struck while lawfully proceeding in a crosswalk.

Her injuries included a fracture to the knee which required surgery but due to an unrelated medical condition, she was prevented from proceeding with the surgery, resulting in protracted pain and suffering. (Kings County)

In a difficult case with highly contested liability, our client was caused to fall down two steps inside a bank where it was claimed there was extreme difficulty in visualizing<

the two steps due to the design and layout of the accident location which required our office to retain an expert in human visibility and perception in order to prove the difficult perceptibility that existed. Only after a jury verdict finding the defendant bank responsible under the evidence and law were the parties able to reach an amicable settlement based upon the verdict. (Kings County)

A Brooklyn jury agreed with Mr. Perlman that the City of New York Department of Sanitation failed to properly maintain and inspect its own garage where

the Plaintiff was required to perform his duties which resulted in the continued presence of dangerous grease and oil on the floor causing the Plaintiff to slip and fall, resulting in a significant fracture to the shoulder and a head injury, resulting in post-traumatic seizures. (Kings County)

We were able to achieve a significant settlement notwithstanding difficult liability where our client attempted to cross a busy street and was struck by a motor vehicle

which resulted in multiple fractures and a closed head injury. (New York County)

The plaintiff’s husband who was 62 years old and retired was struck by a motor vehicle that resulted in a significant ankle fracture necessitating surgery,

aa”>including the placement of hardware in his ankle. Based upon the decedent’s age, his injury/surgery and prior medical history, we were successful in proving that the required medical standard of care to be provided to the decedent included an anticoagulant regimen to prevent blood clots following his surgery. Although he was started on the regimen shortly after his surgery, the hospital and his orthopedic surgeon never continued the regimen after he was discharged from the hospital when he was expected to convalesce at home. This was despite a physician’s order in the hospital record, which called for the medication enoxaparin to be injected twice a day for at least 10 days to prevent any blood clots. This physician’s order required a continuum of care at home with a visiting nurse who could give him the injections or teach him to do it himself while he was recovering at home. Instead, he was never informed about this physician’s order and the need for this important prophylactic treatment. Unfortunately, due to his inactivity resulting from his injuries and the lack of any medicine to prevent the blood clots, he developed blood clots in his lower limb at the site of his injuries, which traveled to his lung causing a pulmonary embolism and death. Shortly prior to trial, we negotiated a fair and reasonable settlement in order to compensate his wife and children due to their compensable losses.

In a case involving a middle-aged woman who went in for routine Laparoscopic surgery to remove her fallopian tubes and ovaries (salpingo-oophorectomy),

there was an injury/insult to her ureter which was realized days later requiring emergent care with follow-up surgery at a different hospital. We claimed the surgeon did not have the requisite skill or knowledge required to perform the surgery laparoscopically which resulted in the surgeon clipping the ureter necessitating repair. The Defendant Hospital and physician claimed the injury/insult was a typical and unavoidable risk associated with the surgery. (Bronx County)

Defendant accepted responsibility as we were prepared to prove that our 10-year-old client was not properly supervised in a residential backyard which resulted in her falling

from an elevated height on top of a water slide that was not being supervised by any adult which resulted in a fracture of her upper arm.

A well-known hospital in Brooklyn agreed to accept responsibility by settling a case involving our client who was a young, single registered nurse who presented herself to the Emergency Room

in severe abdominal pain and notwithstanding appropriate diagnostic testing, including radiological studies, the hospital failed to timely diagnose a duodenal/intestinal perforation thereby resulting in her death.

Our client sustained a fracture to his calcaneus bone in his foot necessitating surgery after he was caused to fall from an unsecured ladder due to the violation of New York State Labor Law

regulating the owner of the building during construction. (Bronx County)

A Nassau County jury found the owner of a dog responsible for the dog’s vicious propensities which resulted in our client being knocked into the street and suffering a fracture

to her femur after the dog jumped onto her as she was walking her own dog down the street. (Nassau County)

When the insurance carrier for the owner of a private residential building failed to make a reasonable offer in order to settle this case involving a 62-year-old woman who was caused

to fall due to a defective sidewalk in front of the building resulting in a fracture with surgery and nerve damages, Mr. Perlman was retained as trial counsel by another law office. After preparing the case for trial and taking all necessary steps in order to prove responsibility of the landlord for the ill-repaired sidewalk, further negotiations led to this settlement. (Kings County)

When our client was struck in the eye with a fishing hook on-board a commercial pleasure fishing vessel in the ocean off the coast of Brooklyn resulting in a significant eye injury,

we were prepared to prove during trial that improper and insufficient instructions and protocol on-board the vessel by the crew resulted in our client sustaining injuries when another patron fishing with a line supplied by the defendant struck him in the eye. (Kings County)

This was an extremely difficult case which was settled after jury selection after the Defendant nursing home had steadfastly refused to accept responsibility for a hip fracture sustained

by our client who chose to leave her bed unassisted in order to go the bathroom after she had made repeated attempts to summon assistance from the nursing staff which were continuously ignored. We were prepared to prove during trial that our client had a right to maintain her dignity by choosing to use the toilet facilities rather than defecate in her own bed. (New York County)

In this case, where liability was very tenuous and difficult to prove, our 14-year-old client was struck by a motor vehicle traveling on a public street adjacent to his public school which resulted in a fracture of the right ankle.

The city of New York denied any responsibility, claiming that our client was struck because he walked into the street with oncoming traffic even though he was outside of the school with fellow students that were being supervised by their teacher. Only subsequent to the jury returning a verdict in favor of our client as a result of a finding that the teacher failed to properly supervise the students when crossing the street did the city of New York agree to pay fair compensation for our client’s injuries. (Queens County)

While operating his motor vehicle, our client was struck in the rear by another vehicle causing him to lose control and strike the median on the roadway.

The client was compelled to undergo surgery on his cervical spine in order to relieve chronic neck pain. Our office was able to reach an early settlement prior to the commencement of a lawsuit which resulted in a structured settlement providing for a lump sum payment and additional monthly payments in excess of $1,000,000.00 for our client.

Our 74-year-old client was innocently walking on the public sidewalk at which time two motor vehicles on the adjacent street were involved in a collision,

causing one of the vehicles to mount the sidewalk and strike our client, thereby resulting in a hip and right ankle fractures. (Nassau County)

During trial, evidence was presented that the Defendant hospital which had performed gastric bypass surgery upon our client failed to have its staff take proper steps in order to prevent our client from suffering decubitus

ulcers/sores subsequent to the surgery while she was still admitted to the hospital. After presenting further proof that the Defendant hospital did not maintain proper beds and equipment to provide the required care necessary to our client who was a heavy set patient, a confidential settlement was reached during trial. (Bronx County)

Our client was required to undergo surgery on his shoulder and his neck after our client was injured when he was in the Defendant’s freight elevator while performing his employment at the building

he worked at when the elevator malfunctioned, shooting past the top floor and into an overhead structure in the building. (New York County)

Our office was able to achieve a settlement in a case where a Defendant doctor failed to timely diagnose a rare blood disorder resulting in the death of the decedent. In this difficult case,

the Defendant doctor argued that proper and reasonable medical care was given as there were no symptoms manifested by the patient which would give rise to considering the rare blood disorder. We were prepared to show that the Defendant doctor should have considered the rare blood disorder as a differential diagnosis when presented with the decedent’s symptoms. (Queens County)

When our 88-year-old client who was still employed as a piano teacher caught her heel in a defective grate cover on the public sidewalk causing her to fall and sustain a pelvic fracture,

we commenced an action against Consolidated Edison which owned and maintained the grate and the structure underneath the grate claiming it had failed to properly inspect, maintain and repair the defective grate. The case was settled during the discovery phase of the lawsuit after we were prepared to show that ConEd did not perform proper inspections of the area in question. (New York County)

Our client, who was employed by the New York City Sanitation Department, sustained nerve injuries in his left hand after he was caused to slip and fall on a greasy and oily floor surface

which we claimed the defendant, the city of New York, failed to properly clean, maintain and inspect prior to the accident. Only during trial after Mr. Perlman presented necessary proof concerning circumstances surrounding the accident did the city of New York finally agree to accept responsibility by reaching an amicable settlement. (Kings County)

This was an extremely difficult case in order to prove liability where our client struck the rear of a parked 18-wheeler truck that was stopped on the shoulder of a Long Island Expressway exit ramp

in Suffolk County. Our client sustained a lower extremity fracture. When the lower court initially dismissed our client’s lawsuit holding that the only negligent party was our client because he struck the rear of the parked 18-wheeler truck, we successfully appealed the case in the higher court which overturned the lower court leading to this settlement after we were prepared to show that the operator of the 18-wheeler truck was illegally parked on the exit ramp in addition to failing to comply with various federal rules and regulations relating to interstate trucking. (Suffolk County)

In this difficult case, our office represented a woman who claimed that the Defendant OB/GYN doctor that delivered her third child by caesarean section performed an unwanted, yet reversible,

sterilization of our client without her consent. Our office was prepared to proceed to trial to show that there was no credible evidence which would give any reasonable person the notion that our client wanted her fallopian tubes tied nor was there any credible evidence that there was informed consent giving rise to the procedure. (New York County)

In this highly contested case, Mr. Perlman was retained as trial counsel by another law office when the insurance carrier for a landlord who owned a two-family house with a driveway refused to accept responsibility for a defective driveway which caused our client to fall and<

sustain aggravation of a pre-existing back injury in addition to a fracture of her toe. Only during the trial when we were presenting evidence in order to prove the landlord’s negligence, as well as other proof, was an amicable settlement reached by the parties. (Kings County)

We were able to reach a successful settlement in this difficult case where our client fell toward the bottom of a set of carpeted steps inside a catering hall where there did not exist

a long enough handrail enabling her to prevent her fall which resulted in a significant shoulder injury. (Kings County)

While performing his security guard duties in a Manhattan office building, our client requested a New York City police officer to follow the building procedure and sign a logbook

which was required for everyone entering the building. When the police officer refused and forcibly assaulted our client, throwing him to the ground while our client lawfully tried to perform his functions as a security guard, our client sustained a fracture to his wrist. During litigation of the lawsuit, the parties were able to reach an amicable settlement. (New York County)

In a vigorously defended case, a Defendant medical group and doctor claimed they were not responsible for an emergent condition that arose with respect to our client

who had pre-existing peripheral vascular disease. We claimed that the medical group and Defendant doctor within the group did not recognize our client’s symptoms evidencing a lower extremity blockage caused by a blood clot which was preventing the flow of oxygen to his lower extremity. When our client’s symptoms worsened he went to a local hospital that correctly diagnosed him, however, a portion of his lower extremity could not be saved and amputation was required due to the severity of the blockage. Only during the trial was Mr. Perlman successful in achieving a settlement in this difficult case. (Kings County)

In a case referred to our office by another law firm, we were able to achieve a settlement close to trial after aggressively litigating the case against the City of New York where we were prepared to prove

that a New York City police van was being driven recklessly down a Brooklyn street which resulted in a heavy impact with the SUV occupied by our two young clients who were seated in the rear passenger seat. Although the medical treatment rendered following the accident did not show any significant trauma to the head or brain notwithstanding that these young children were ejected from the vehicle onto a sidewalk, we were prepared to prove through our retained medical experts, expert engineer and other witnesses that the young boys did suffer from traumatic brain injury and did manifest symptoms and other traits associated with traumatic brain injuries. (Kings County)

When our client was inappropriately touched by another patient inside a metropolitan psychiatric center, we were prepared to present evidence that there was a breakdown

in the necessary and proper security measures inside said hospital which resulted in another patient entering our client’s room, resulting in emotional trauma. (State of New York Court of Claims)

During a trial in this lawsuit, the insurance carrier for the defendant nightclub finally agreed to settle this action involving our client who was shot in the buttocks, thereby sustaining a gunshot wound.

We were prepared to let a jury decide whether the nightclub failed to provide proper security as a result of allowing a patron to enter the club with a gun. (Bronx County)

In an extremely difficult case where liability was vigorously contested by the defendant, we were able to prove to a jury that even though our client climbed up onto a large speaker to dance

and then slipped and fell off breaking her ankle, the defendant owner of the Limelight disco should have been aware prior to the accident that club patrons were dancing on top of the speakers at the same time people were permitted to put their drinks on these speakers.

Mr. Perlman was retained as trial counsel to try a case involving a client who was caused to fall on a public sidewalk located in front of a bodega in Brooklyn where the sidewalk was badly broken.

Notwithstanding Plaintiff’s full knowledge of the broken sidewalk because she visited the area on a daily basis, we were able to successfully argue that the adjacent Defendant building owner’s failure to repair the location over a substantial period of time was the cause of the accident as opposed to our client’s reasonable effort to avoid falling as she was required to walk over this defective sidewalk. The Plaintiff suffered a fracture to her ankle resulting in protracted pain and suffering. (Kings County)