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MINEOLA, N.Y. – A Court of Claims judge has held the state of New York liable on summary judgment for two rapes and a murder that occurred after the mistaken release of a convicted felon a year before the attacks.
Court of Claims Judge Alan C. Marin ruled that the state’s negligence was the proximate cause in Franklin Scruggs’ actions- the rapes of two Long Island women and the murder of one of those victims in 1998.

Having determined in February that governmental immunity did not apply to the “ministerial” mistake made by the Suffolk County Court clerk’s office, Judge Marin found that Mr. Scruggs’ actions were foreseeable and that the clerical error led to his contact with the victims.

However, the decision also called for a hearing to determine the applicability of a law exempting the state from joint and several liability for non-economic damages, should it be determined that the state was less than 50 percent responsible for the acts.

The Jan. 27 decision in Steel v. State of New York, 100531, stems from a $40 million wrongful death suit filed by Linda Steel, the mother of victim Michelle Brey, herself a …

A 49-year-old male tree removal worker suffered left leg degloving, which required reconstructive surgery, when a stump grinder, designed and manufactured by the defendant, abruptly moved back and cut into his thigh as he attempted to remove the stump of a tree, which was cut down by a nonparty coworker. The plaintiff contended that the defendant designed the stump grinder in a defective manner, that it failed to install an appropriate guard and safety switch to ensure the safety of the user, and that the defendants provided him with a product that was unsafe for its intended use and purpose. The defendants denied liability and contended the machine was reasonably safe when used properly. The defendant contended that the third-named defendant modified the grinder from its manufactured condition and that the plaintiff used the machine carelessly.
Apostoleris v. Promark Products West Inc.; Bear Tree Service; Dirt & Chips Inc.; Ariens Co.

State/County: NY/Eastern District. Plaintiff Attorney: Andres F. Alonso, Parker Waichman Alonso LLP, Great Neck, NY. Defense Attorney: Richard A. Tanner, Dickson, Buermann, Tanner, Ashenfelter, Slous, Fox & Boyd, Upper Montclair, NJ. Settlement: 1,215,000. Compensatory Damages: 1,215,000. Incident Date: July 1998. Settlement Date: July 2002. JV Number: 402026.

A 29-year-old male student suffered a radius and metacarpal fracture to the right hand, resulting in a 20 percent loss of use, and a dislocated right wrist, requiring closed reduction and subsequent open reduction and internal fixation, when the vehicle in which he was a passenger, operated by a nonparty, was struck broadside by the male defendant’s vehicle at a controlled intersection. The plaintiff contended that the defendant operated his vehicle in a negligent manner, failed to stop at a posted traffic signal, and failed to keep a proper lookout. The defendant denied liability and contended that the plaintiff’s host driver failed to yield the right-of-way.
Kao v. Baine (Supreme 1520/99)

State/County: NY/Queens. Plaintiff Attorney: Andres F. Alonso, Parker Waichman Alonso LLP, Great Neck, NY. Defense Attorneys: John W. Hoefling, Kelly Rode et al., Mineola, FL; Daniel E. Cerritos, Kelly Rode et al., Mineola, NY. Demand: 200,000. Offer: 175,000. Total Award: 385,000. Compensatory Damages: 385,000. Pain and Suffering: 385,000. Incident Date: September 1998. Trial Date: June 2001. JV Number: 392186.

JUSTICE: Peter J. O’Donoghue

ATTORNEYS: Andres F. Alonso of Parker Waichman Alonso LLP, Great Neck for plaintiff; Mitchell Teitelbaum of Torino & Bernstein, P.C., Mineola for defendant.

FACTS: The accident occurred on Oct. 2, 1998 at 12:45 p.m. on North Boundary Road where it intersects with Area 261 at John F. Kennedy Airport. Ricardo Carrillo, a 30-year-old air cargo worker, was operating a motorcycle on North Boundary when, he claimed, Benefacio Rodriguez made a left turn in front of him to enter Area 261. Mr. Carrillo contended that Mr. Rodriguez failed to yield the right-of-way. Over his counsel’s objection, the court directed Mr. Carrillo to answer questions regarding whether he had a license to operate a motorcycle on the day of the accident. The court later gave a curative instruction to the jury.

Mr. Rodriguez testified that he did not see Mr. Carrillo when he began his turn, and that Mr. Carrillo hit the rear-most portion of his truck. An independent witness testified that the truck cut off Mr. Carrillo’s motorcycle. On cross-examination, Mr. Rodriguez admitted to lying about his address, among other things, in his deposition and at trial. The jury found him 100 percent negligent.

Injuries: Not before the jury. Ruptured aorta requiring heart bypass surgery and repair with Hemashield graft; fractured vertebrae, brachial plexopathy of the right arm; fracture of the transverse process at T-1 and C-7; fractured ribs, clavicle, scapula, humerus; destruction of the deltoid and brachialis muscles of the right arm; root avulsion at C5-6, C6-7, and C7-8; collapse of the left lung; pneumothorax in the right lung; psychological injuries. During the heart surgery, Mr. Carrillo’s left vocal cord was nicked, and he underwent an implant and two surgeries. He was in a coma for almost two weeks and was hospitalized for almost three months. He returned to work for eight months, but then stopped, and he has not worked since then.

SETTLEMENT: Plaintiff’s verdict on liability. Subsequently settled on the eve of the damages trial for $ 2 million. Post-trial motions were denied.

JUDGE: Ira B. Harkavy

ATTORNEYS: Andy F. Alonso of Parker Waichman Alonso LLP, Great Neck.
Elsa Rodriguez Preston of McDonald, Carroll, Cohen & Rayhill, Manhattan.
FACTS: Tiziano Sozzi, a 38-year-old painter and plasterer, was injured on March 26, 1998 at 2 p.m. when the ladder he was working on collapsed and he fell 4 to 6 feet to the ground. At the time he was painting an apartment at 240 East 21st Street in Manhattan. He was granted summary judgment on liability, pursuant to Labor Law @ 240(1), and the trial proceeded on damages.

Injuries: Herniated cervical and lumbar discs; laceration to the right cheek, resulting in a 2.5-inch scar. Gramercy Realty claimed he was exaggerating his injuries, which, it claimed, were degenerative in nature.

Disbursements: $ 160,000 for past pain and suffering; $ 98,000 for past lost earnings; $ 19,531 for past medical expenses (stipulated); $ 958,000 for future pain and suffering; $ 800,000 for future lost earnings; $ 150,000 for future medical expenses.

A 37-year-old male police officer suffered an aggravated disc injury at L4-5 when he tripped and fell while descending a stairwell in a building owned by the defendant city. The plaintiff contended that the defendant failed to safely maintain the premises, failed to warn of a dangerous depression in one of the steps, failed to fix the depression and that its negligence was the cause of his injuries and damages. The defendant denied liability and contended that the premises were maintained in a safe condition and that the depression was too small to have caused the accident.
Ortiz v. City of New York (Supreme 111857/94)

State/County: N.Y./Florida. Plaintiff Attorney: Andres F. Alonso, Parker Waichman Alonso LLP, Great Neck, N.Y.

Defense Attorney: Gordon D. Miller, New York City Law Department, Florida. Medical Witness(es) for the Plaintiff – Neurologist: Carl St. Martin, M.D., New York. Demand: 500,000. Offer: 50,000. Total Award: 225,000. Compensatory Damages: 225,000. Pain and Suffering: 225,000. Incident Date: September 1993. Trial Date: February 1999. JV Number: 376184.