Verdicts & Settlements

Verdict went to 20 injured workers and the families of four workers who were killed in the collapse of a parking garage at the Tropicana Casino Resort in 2003. The case involved multiple defendants, including Tropicana and a number of construction contractors. The parking garage collapsed while it was under construction because rebar was not properly installed, leaving the floors disconnected from the walls. As part of the trial team, Senior Partner and Founder Michael Maggiano was assigned to the engineers. Upon reviewing drawings of the structure, he discovered the glaringly obvious flaw that doomed the parking garage to failure. Maggiano developed a simple but powerful visual demonstration of how construction should have proceeded and the wrong way in which it actually did proceed. Ultimately, the case settled for $101 million.

A 35 year old iron worker fell from a steel frame building under construction due to the failure of the general contractor to provide a safe workplace, which included supervision for the use of safety equipment and guide wires.

Settlement awared to the widow and child of a deceased dock builder injured during a pile driving operation. Defendant Developer and General Contractor placed blame on employer of deceased worker who could not be sued because of the Worker Compensation Statute that says you can not sue your employer. We proved that even though the employer was negligent, the Developer and GC had the primary duty of safety on the job site to protect all workers from the cost cutting unsafe practices of their employers.

An HVAC worker fell through the opening in a roof. The defense argued the opening was obvious and he should have watched where he was going. We proved that the unprotected opening was an OSHA violation and the worker was entitled to a reasonable coverage to protect him from an inadvertent slip and fall as required by Federal regulations.

35-year-old architect injured while working on a Mall Construction site.  Plaintiff slipped and fell down an outdoor wooden staircase attached to her work office trailer and sustained serious knee injury that required two surgeries.   Although she was able to return to work full time as an architect, her knee injury made it difficult for her to do field work.

To an electrician who suffered flash burns when he plugged in a meter to read the electric usage of a shopping mall tenant.

Settlement under the New York Labor Law for a fall from a ladder by worker who suffered severe back injury.

Settlement was obtained for a 34 year old schoolteacher who claimed work related injury to her neck, back, shoulders, knees and head suffered during two separate work related accidents.

Settlement in the case of a 62 year old electrician’s helper who died after falling from loose planking at a height of 22 feet in a boiler room at an apartment complex.

Woman bit by rescue dog while visiting friend that was fostering the dog.   The dog bit her on the leg and non-dominant hand resulting in the loss of her thumb.

The Plaintiff was a professional cake designer for local supermarket and specialized in decorative flowers and was well known in the area for her expertise.  Although she did not miss time from work or have any lost wages, her ability to produce the decorative floral designs was significantly compromised and this office illustrated through visual documentation and witness testimony that the loss of the thumb limited her abilities at work and at home.   The friend that was fostering the dog immediately declared bankruptcy following the dog attack and this office was able to recover against the non-profit agency that provided the dog to the foster.   The case settled on the eve of trial following multiple rounds of mediation.

A North Carolina hospital has paid $11.5 million to the two surviving minor children of a man who murdered his wife, stepdaughter and baby daughter then forced his two surviving kids to live in an apartment with the corpses before he finally killed himself.

A middle aged widow suffered spastic quadriplegia, partial blindness, and brain injury as a result of the failure to diagnose a pulmonary embolism following a knee replacement procedure.

Following an automobile accident, patient’s brain injury was undiagnosed by the emergency room physician. Subsequent emergency surgery failed to prevent significant brain damage which required prolonged rehabilitation and cognitive therapy. Patient now has long-term effect and requires the assistance of a walker.

A diabetic male suffered significant visual impairment following pancrease transplant surgery. Maggiano argued that the surgery carried substantial risks and was not necessary as the patient would have been served well with an insulin pump and avoided the risks and injury suffered.

In his senior year of high school football, after undergoing a surgical rod repair of a displaced tibia/fibular fracture, a young man was the victim of medical negligence by the late diagnosis of a known complication of the surgery known as compartment syndrome, resulting in the loss of all tendons and muscle of his calf as well as osteomyelitis.

A gastric bypass patient suffered serious complications of a gastric leak which was not timely diagnosed.

Settlement awarded to the three surviving adult children of a high school vice principal who suffered a late diagnosis of an Abdominal Aortic Dissection which caused the patient to code on administration of anesthesia during emergency surgery once the diagnosis was finally made, which left him with a severe anoxia causing substantial brain injury and eventual death.

Settlement secured for an 85 year old widower for the loss of his 65 year old wife due to severe injury of the popliteal artery and vein of the leg during left total knee replacement surgery, causing massive loss of blood resulting in shock, liver, and acute renal failure with resultant metabolic acidosis.

A 35 year old woman suffered cardiac arrest under anesthesia due to failure to diagnose congestive heart failure by her treating physicians and the anesthesiologist, all of whom cleared her for gall stone surgery despite signs pointing to an underlying heart condition. Settlement awarded to her two remaining children.

A 54 year old salesman experienced foot disability due to unnecessary tarsal tunnel surgery by the podiatrist.

New York medical malpractice settlement of $700,000 plus an additional reduction of $80,000 in a worker’s compensation lien (total $780,000). Recovery was obtained for a 29 year old man who suffered a back injury and subsequent fusion surgery while engaging in a box lifting exercise undertaken as part of a work conditioning program at a New York physical therapy facility.

A middle aged single woman suffered dislodgement of dentures into throat during an oral medical procedure where medical and nursing staff failed to remove partial removable denture and didn’t release denture that was dislodged during the procedure.

A man suffered severe aggravation of Tourette’s syndrome and nerve damage when a nurse negligently injected demerol into his radial nerve rather than his deltoid muscle following surgery.

While unconscious following pilonidal cyst surgery, a young man was caused to fall from operating table, suffering tears of his labrum resulting in termination of his high school sports.

Needless death; following a plane flight, a woman died of a pulmonary embolism from birth control pills prescribed even though her chart was red flagged against birth control pills. We contended that this loss of a young life was a family loss and the result of system errors brought about by failures in the system of the defendant’s medical practice due to simple management carelessness. This was a serious preventable adverse event, and compensation was won for the mother and father.

A government worker on assignment in South Africa, alleged to have not been wearing his seatbelt, was thrown from the vehicle he was riding as a passenger which resulted in severe brain injury causing significant disability in the use of his legs and hands, as well as visual impairment.  We were able to argue that use of a seatbelt in the facts of this case would have resulted in similarly severe if not worse injuries, and perhaps death.

A 23 year old, alleged to have been running across a four lane highway in the middle of a block and against a green light, was struck by an oncoming motorist. She suffered brain injury resulting in severe cognitive and motor impairment including a speech defect, leaving her totally disabled and dependent on caregivers for life.

A young boy was left with traumatic brain injuries, including left arm and left leg partial paralysis, after a drunk driver struck the minivan in which he was a passenger. This verdict was listed as one of New Jersey’s Top 20 Personal Injury Awards in 2020.

In 2000, a young woman suffered severe burn injuries when the car she was riding in ignited in flames following a rear end impact caused by a drunk driver.

Awarded to a driver who crashed into the side of a truck that had pulled into his path, resulting in multiple surgeries to his right knee including total knee replacement.

A 23-year old waitress suffered injuries as the back seat passenger of a drunken driver when the driver crashed into the rear of a stopped tractor trailer parked on an approach ramp to a bridge due to a flat tire.

A middle-aged tax preparer was injured when a New Jersey Transit Bus struck his car in the rear after exiting the Lincoln Tunnel, requiring two back surgeries following diagnosis of aggravation of pre-existing stenosis and a herniated disc leaving him permanently disabled from his career and in need of a Life Care Plan.

A Union Electrician was hit on the Garden State Parkway North, causing him to spin and hit the median barrier. The injuries sustained required two back surgeries following the aggravation of pre-existing stenosis leaving him unable to work.

80-year-old woman riding on bus that was rear ended by garbage truck and suffers fractured back requiring emergency surgery.    Plaintiff as a cancer survivor that was riding on a Bergen County bus when it was rear ended, causing her compromised back to fracture necessitating emergency surgery.     She ultimately had a full recovery but required the use of a cane for the rest of her life.   

A 50-year old housewife was injured when her car was rear-ended while stopped a traffic light.

76 year old man was struck by a vehicle that was traveling in reverse and ran over his leg.   He required multiple surgeries and ultimately was forced to have an above knee amputation.

Recovered from the State of New York for a seriously injured passenger in a car that left the roadway and plunged down a 200 foot embankment.

An elderly couple suffered multiple injuries in an auto accident; aggravated injuries suffered a few months later in a subsequent auto accident.

50-year-old construction worker rear ended by drunk driver suffering low back injury that required two spine surgeries.    The low back injury was compounded because Plaintiff is a large man and his size complicated the low back injury and necessary surgeries.   He was eventually able to return to his construction company but could no longer go up on ladders and bend down to do work below his waist.    The case resolved for the full insurance company policy limits and $500,000 and this office then made a claim against the Plaintiff’s Uninsured Motorist benefit provision of his insurance and recovered the full limit of $500,000 to provide the full 1 million dollars in coverage between the two policies.

The crash caused a self-employed bagel store owner to suffer an aggravation of low back injury, resulting in surgery, urinary incontinence, and post traumatic stress disorder.

Driver was hit during an attempted lane change on the approach to the George Washington bridge. She required multiple surgeries. She was out of work for 9 months.

Bicyclist hit and thrown by driver failing to yield right of way. He suffered injuries to his low back, right hip and, ultimately, a left toe injury requiring a fusion of the big toe joint. He also had not complained about his foot until nearly a year after the accident. Resulted in a verdict after trial of $700,000 plus pre-judgment interest of in excess of $42K.  Policy limit was $250k yet the insurance company paid us the entire amount.

Awarded to a nursing home resident who developed a Stage IV ulcer requiring surgery where the nursing home alleged the resident was non-compliant with recommendations to reduce pressure from excessive wheelchair use.

75-year-old pedestrian struck while crossing the street at her local library and eventually dies as a result of her injuries.   The driver claimed to have not seen the pedestrian prior to striking her and indicated she must not have been in the crosswalk.   Witness testimony at the scene indicated the pedestrian was in the crosswalk at the time and this office interviewed the witnesses and provided a more detailed account of the events.   The driver had two insurance policies that provided $1.5 million dollars in available coverage, and this office was able to recovery the full policy limits for the Estate after numerous municipal court hearings to confirm fault on the part of the driver.   

Awarded to the estate of a 26 year old Chinese exchange student who was struck while crossing the street in the crosswalk in front of their college. Argument was that the decedent suffered pre-impact terror as she likely realized she was about to be struck and killed.

55-year-old woman was struck by a shopping cart being pushed by an employee of local supermarket and sustained aggravation of previously injured low back.  Supermarket argued the impact was a tap and could not have caused any injury and that the Plaintiff was still under active treatment at the time of the incident for a prior low back injury sustained year prior.  

The Plaintiff had undergone multiple spinal surgeries prior to the incident at the supermarket and this office argued this case was a prime example of an “eggshell” Plaintiff and her injuries, even if an aggravation of her prior spine condition were due to being struck by the cart.  

Medical experts disagreed on the cause and relationship of her current complaints to the cart event, and the case was resolved through mediation on the eve of trial.

A young single woman was abducted and raped in a dimly lit, insecure hotel parking lot in 1994 and suffered severe and disabling post traumatic stress disorder.

September 11, 2010, our client was in a deli waiting at the counter. A refrigerator was being moved on a portable dolly and the refrigerator fell off and pinned him between the counter and the refrigerator. He suffered disc injury to his cervical and lumbar spine as well as a fractured rib. It caused him to become disabled from his work as a replacement window salesman which required considerable traveling and personal contact.

Settlement reached for two married tenants of high rise condominium against a parking garage maintenance company for the 1994 sexual assault upon the wife by a trespassing assailant while the plaintiff was walking to her car to go to work.

Against a wood chipper manufacturer for a defective safety mechanism resulting in loss of a foot to landscape employee in 1994 who used his foot to kick in branches into the mouth of the chipping blades.

In 2003, a truck driver lost his footing climbing from a truck ladder which was defectively designed, resulting in multiple injuries precluding him from working as a trucker and suffering life time wage impairment.

A 47-year-old woman slipped on a quarter-size droplet of chicken grease in the aisle of a supermarket. Our client suffered injury to her knee and ankle. Ultimately, over the course of 4 years, she required surgery to her ankle, lower back, and neck. The grocery store contested both liability for and causation of our client’s injuries. Our attorneys argued that the store should have known it was a potential risk of the display to have chicken grease spill out while customers handled the plastic chicken containers. Through mediation, we achieved a favorable result on behalf of our client.

A commercial truck driver was struck by another truck driver while pulled off on the side of the road, resulting in a disabling brain injury.

A commercial truck driver disabled after a crash which resulted in a traumatic brain injury.

Recovery secured for a husband, wife, and four children as a result of a tractor trailer making an improper turn into the right of way of the family SUV in which the husband was driving with wife in the front passenger seat and four children secured in the rear seat compartment area.

A man suffered serious knee injuries when a truck pulled out in front of him.

A 45 year old motorcyclist was struck by a rented box truck making a left turn against traffic. Client sustained multiple leg fractures and ruptured Aorta and had multiple leg surgeries.

A 41 year old police officer was injured off duty in his own parked car when a tractor trailer hit the officer’s open driver’s side door, forcing the car up onto the sidewalk.

A female truck driver suffered fibromyalgia following a multi-vehicle accident.

A 42-year old truck operator and auto mechanic suffered ulnar neuropathy, bulging lumbar disc, torn meniscus right knee, and post traumatic stress disorder when he was struck by a tow truck backing up during a job thereby ending his two occupational careers.

A mother and her 3 sons traveling to NY with a car rental from Hertz, the car began to act up and loose power. The mother called Hertz for help and was told they didn’t provide road side assistance but that she should head to their nearest location for further help, that was about 25 miles from her location. She couldn’t go more than 25-30 miles per hour, the car was not allowing it, when out of no where she is truck from behind by a tractor-trailer, sending the vehicle over a guardrail, down an embankment, and flipping it over into a ravine. The mother and her sons all suffered severe injuries.

75-year-old man working as a caddy at a local golf course during a fund-raising charity event fell off the back when the golfer driving the cart made a sudden turn and he suffered serious brain injury resulting in surgery with post-surgical complications.  Plaintiff argued he was told by the golfers to get on the back because due to his advanced age he was slowing down the pace of the golf game.  Plaintiff stated he had not secured himself before the golfer made a wide unexpected turn and he was thrown due to driver error and unsafe steering because he knew there was a caddy standing on the back of the cart.   Defense argued he was never instructed by the golfers to get on the back of the cart, and he was told to sit inside the cart.  Defendant stated he did not know he was getting on the back, so he had no reason to think someone was standing on the back of the cart illegally.  Defense also argued he should not have been on the back of the golf cart because there were clear and obvious warnings on the carts.   He was also warned by his employer to never ride on the back of the cart.    His brain injury required surgery and during the surgery he suffered a stroke and had left sided paralysis.   Plaintiff recovered from the sponsor of the event and the golfer that was driving the cart.  I was also able to get the Plaintiff perm total disability with lifetime benefits from workers compensation.   Case settled on the day of trial.  

63 year old client was in the course of his employment as a driver for Benjamin Moore Paint and was doing his pre-drive inspection of his 18 wheel tractor trailer. It had snowed 8 inches about 3-4 days prior and the temperature had fluctuated above and below freezing, creating a melt, thaw and then refreeze in the parking lot where the tractor trailers were kept. It had rained/sleeted the night before the incident. My client had connected his tractor to the trailer and was in the process of walking back to make sure the trailer was secure. He walked over an area of hard packed snow when suddenly his feet slipped out from under him. He reached out to grab the handle on the trailer but still fell forward, landing hard on his knees, chest, shoulder and face. He received total disability from workers compensation and was also deemed totally disabled by Social Security. Due to the extent of his injuries he was awarded a work related disability pension that allowed him to receive full retirement benefits without penalty.

For the wrongful death of car accident victim who died while being prepared for emergency surgery.