Recent Developments

As announced in The New York Times Magazine (October 4, 2009), Mitchell J. Sassower and D. Carl Lustig, III were both selected to New York Super Lawyers for 2009. Attorneys selected to the prestigious New York Super Lawyers list represent only 5% of all lawyers practicing in New York. The rigorous selection process involves peer nominations, independent research and evaluation by a "blue ribbon panel" of lawyers.

D. Carl Lustig, III lectured at Yale University on April 23, 2008 on the topic of medical malpractice liability and the misconceptions over causes of increased insurance costs to the medical profession.

Additionally, Mr. Lustig obtained a favorable decision on an appeal that he argued in Callan v. Structure Tone, Inc., 52 A.D.3d 344 (1^st Dept. 2008) that reversed the lower court’s decision and granted summary judgment on liability in favor of an electrician who sustained serious injuries when he fell from a ladder at a construction site.

Here are some of our firm’s recent verdicts and settlements.

$2 Million settlement for construction accident for 42-year old electrician who tripped and fell on "stub-ups" (remnants of old conduits) at the bottom of the stairway, with resulting shoulder injury requiring surgery and herniated lumbar disc at L4-5.

$1.05 Million settlement for construction accident for 39-year old electrician who was knocked off her ladder by water when a nearby pipe burst with resulting shoulder impingement and lumbar radiculopathy.

$800,000.00 settlement for construction accident for 55-year old electrician who slipped on oil/grease on loading dock and suffered wrist injury requiring surgery, including right wrist scaphoid excision and limited intercarpal fusion.

$750,000.00 settlement for construction accident for 55-year old electrician who slipped and fell on empty water bottle that had been used by masons to wet the mortar, and suffered tears of the medial and lateral menisi of the right knee.

$600,000.00 settlement for municipal liability based on alleged police brutality, where victim was allegedly beaten and kicked by police officers and suffered ruptured bladder requiring surgery. Successful settlement obtained even though criminal prosecution of police officers by District Attorney resulted in acquittals.

2008 CASES:

$10.5 Million settlement (including interest) following $8.9 Million verdict (reduced to $7.6 Million on appeal) for construction accident for 31-year old electrician who was kneeling on wooden platform of Baker's scaffold that collapsed, and he fell 8 feet to the concrete floor below, with resulting comminuted fracture of his kneecap (patella) and tear of lateral meniscus. Our client required surgery with open reduction and internal fixation, a second operation to remove the hardware and for partial lateral meniscectomy, and a third operation for further partial lateral meniscectomy.

$3.1 Million settlement for construction accident for 40-year old electrician who was injured when he attempted to break the fall of his co-worker, who fell from a ladder. Our client sustained neck and shoulder injuries, with herniated discs at C4-5 and C5-6 that required cervical decompression and fusion, as well as surgery for partial rotator cuff tear.

$1.25 Million settlement during trial for construction accident for 40-year old sheetmetal worker who was installing duct work to air conditioning unit that was installed the day before. The unit was improperly suspended and one side dropped about one foot and struck our client, who was working on a ladder. He was struck in the neck and shoulder and suffered herniated cervical discs and cervical radiculopathy, with rotator cuff injury and impingement (no surgery).

$750,000 settlement for construction accident for 40-year old laborer who was working on a sewer line installation project and was injured when an excavation collapsed on him, causing him to suffer left knee injury with fracture of tibial plateau and lateral condyle with tears of medial meniscus, lateral meniscus and anterior cruciate ligament, which required knee reconstruction surgery.

$550,000 settlement for construction accident for 46-year old electrician who was working on a ladder when the top step collapsed. He was able to grab another step to prevent himself from falling, but in doing so, he suffered bilateral rotator cuff tears which required surgery on both shoulders.

$550,000 settlement for construction accident for 35-year old electrician who fell through an inadequately protected floor opening to his thigh, with torn medial meniscus of the right knee that required arthroscopic surgery; and while he was convalescing at home, his knee gave out while he was walking down the stairs, with resulting injury to his shoulder that required surgery.