Our Legal Victories

Attorney Joseph Ginarte announced a series of settlements totaling the sum of 15 million dollars on various matters venued in both New York and New Jersey. Among the cases settled were the following:

$3,000,000: A New York labor law case against a general contractor and owner of a construction project. The Ginarte law firm represented Jose Crespo. Mr. Crespo’s arm was injured when a heavy pipe fell due to improper installation, causing the client to sustain severe, permanent, injuries and rendering him totally disabled.

$1,475,000.00: In a products liability action against the manufacturer of a machine, the firm represented Mr. Mauro Lopez. Mr. Lopez’s arm became trapped inside the machine due to a defect, and he suffered severe, permanent injuries that rendered him permanently and totally disabled.

$1,500,000.00: In this medical negligence case, the firm represented Melba Soto against the hospital and doctor for negligence during child birth, which caused her infant to be born with cerebral palsy. As a result of this negligence, will never be able to live a normal life.

$3,900,000.00: The firm represented Mr. Antonio Campo in a New York State Labor Law action for a work related accident, where Mr. Campo sustained permanent injuries while working on a construction site.

$1,375,000.00: In the matter of H. Hemed, the firm represented an injured worker in a case involving permanent injuries from severe burns that were sustained in a chemical explosion factory accident.

$1,500,000.00: The firm represented infant, Albert Smith and his guardian, in an action against The State of New Jersey and DYFS for severe burn injuries sustained by child, while he was under the care of a foster parent due to lack of supervision and negligence.

A Hispanic worker who suffered a traumatic brain injury from a fall off a ladder received a $14 million verdict, according to his lawyer Mr. Jose A. Ginarte.
Nicholai Jimenez, 25 years old, was a native of Cartegena, won this three year legal battle against his employer who did not provide proper safety equipment for his job causing him to suffer significant injuries, including a traumatic brain injury.
Mr. Jimenez was working on installing new electrical wiring on a ladder. When installing the wire, Nicholai was using an old ladder in dire need of repair that his employer refused to fix. While at the top of the ladder installing the wire, Nicholai fell due to the unstable ladder. He fell 32 feet to ground placing him in a coma for over a week. The horrific accident caused frontal lobe injury, brain bleed as well as multiple facial fractures requiring several surgeries.
Nicholai was stationed in a NY hospital for over a month after the accident receiving treatment for his injuries. Unfortunately, once released from the hospital the repercussions from the accident did not stop. Mr. Jimenez suffered several seizures and still continues to complete neuro-cognitive therapy.
Nicholai’s attorney, Mr. Ginarte was convinced this accident occurred due to the faulty ladder and through no fault of Nicholai’s labor. Through a strenuous investigation, Mr. Ginarte was able to prove that the injuries and horrifying accident Nicholai endured, it was due to the improper safety measures and prevention of Nicholai’s boss.
Mr. Jimenez and his family were extremely grateful for the compassion, dedication and determination of Ginarte and team of legal experts. “Although Nicholai will never fully recover from this accident, we can still provide for our family.” Nicholai’s wife, Linda expressed. “Had it not been for Mr. Ginarte I don’t know what we would have done.”

On the morning of November 12th, 2016, Ms. Perez was taking a casual stroll to her mother’s residence in the Bronx when she suffered a devastating trip and fall injury from an improperly maintained hole in the sidewalk. Ms. Perez severely fractured her left leg and was subsequently rushed by ambulance to Jacobi Medical Center where she was afflicted by a series of disastrous complications that would confine her to the hospital for the entirety of six months. The same day, she was immediately scheduled for surgery to install hardware to bring her leg back to its original length. During the operation, however, doctors discovered that a major artery was no longer supplying blood to her lower leg and foot. The very next day, doctors attempted to restore blood flow to Ms. Perez’s leg, but she nonetheless developed an extremely dangerous condition known as Compartment Syndrome—the result of a prolonged lack of blood flow which causes the death of muscle tissue—in all four compartments of her lower left leg.

On November 14th, Ms. Perez underwent the removal of dead muscle tissue, release fluid build-up, and reduce pressure. After two weeks of continuous treatment for her wounds, she once again went under the knife to revise the first procedure. However, during the operation doctors found that she had significant clotting in her arteries that needed to be removed. Over the next two months, she underwent multiple surgical interventions, and on March 1st, Ms. Perez was finally able to sit on the edge of her bed for the first time. She then received intensive rehabilitation treatment until her eventual discharge home on July 24th, 2017, despite walking still being nearly impossible.

Five years after her injury, Ms. Perez is almost completely dependent on her wheelchair and the assistance of others to get around. She cannot bend her knee, feel any sensation below her knee, move her ankle, and can only walk a few steps (even with the assistance of an ankle brace). Through the skilled litigating and negotiating of attorneys Joseph Ginarte, Esq. and Steven Payne, Esq., Con Ed agreed to a settlement of $12,000,000 dollars.

LJordan v St. John’s Episcopal Hospital verdict of $96,400,000 was the largest medical malpractice verdict in the United States for that year.

In a major legal victory, Juan Deleg was awarded $12 million in compensation for injuries sustained during an accident that occurred while working for a trucking company. Ginarte managed to achieve this great victory in favor of his client.

The accident occurred when Mr. Deleg, who worked as a truck driver, delivered merchandise to a construction site in New York. Unfortunately, Mr. Deleg was unloading the merchandise from the truck when a construction worker accidentally caused a pallet to fall on him. He was immediately taken by ambulance to the hospital, where he remained hospitalized for several weeks. Unfortunately Juan suffered serious injuries to his head, face and nose and had several surgeries. Ginarte stated, “This is a great victory for our client. The most important thing is that Juan has already recovered and with this money he will be able to start a new life,” added Ginarte.

The lawsuit was filed in the New York County Supreme Court. During the course of the case, Ginarte accused the contracting company and its employees of negligence and lack of care. During the course of the case, defense attorneys refused to admit that their clients had been guilty of negligence. They finally admitted guilt and Ginarte managed to get the total sum of $12 million dollars.

In a great legal triumph, Raúl Silva received $11.5 million dollars due to serious injuries sustained during a construction accident. Ginarte managed to achieve this great victory in favor of his client.

The event that started this lawsuit occurred when an iron beam fell on Mr. Silva while he was working on a construction site. Unfortunately, Mr. Silva suffered serious injuries.

He was immediately transported by ambulance to a local hospital where he was unconscious for a period of three (3) weeks.
Due to the accident, Mr. Silva has suffered permanent injuries, including forgetfulness, which prohibits him from returning to work. Ginarte started a negligence lawsuit against the general contractor and the construction site owners.

Ginarte stated “this victory represents a great triumph for Raul and his family, since we were able to verify that federal worker safety laws (OSHA) had not been complied with and that the accident was caused by said safety violations.

Ginarte’s legal team was also able to prove that both the general contractor and the site owner were negligent in the way they supervised the construction project. Few security measures were found to exist and these violations were the causes of the accident.

Mr. Silva was hospitalized for several months and has not been able to return to his work after this terrible accident. The lawsuit was filed in the Supreme Court of Kings County (Brooklyn.) During the course of the case, defense attorneys refused to admit that their clients were at fault for this accident. However, they finally admitted to being guilty and Ginarte managed to get the total sum of eleven million five hundred thousand dollars $ 11.5 million dollars in favor of Mr. Silva and his wife.

A worker who lost an arm working in a factory, received more than $10 million dollars in a legal claim, according to Ginarte.
Juan Lopez, 62, thus won a legal fight of more than a year against the manufacturer of the machine he was operating when he suffered the accident.

The event that started this lawsuit occurred when Mr. Lopez worked in a factory. Unfortunately, Mr. Lopez was the victim of a horrible accident that practically ripped off his right arm. He was rushed to Mt. Sinai Hospital in New York, where surgeons tried to save his arm. Unfortunately although the doctors did their best, he completely lost his right arm.

In need of legal advice, he went to the Ginarte Law Offices, where they began a lawsuit for compensation. But in the course of investigating the accident, Ginarte became convinced that the accident was caused by defects in the machine that Mr. Lopez was operating. As a result, Ginarte also started a legal claim against Hackmeyer Equipment Corporation, the manufacturer of the machine.

An engineer hired by Ginarte confirmed that the machine was defective. During the investigation it was discovered that the company manufacturing the machine had not incorporated into the design, safety measures to prevent accidents during the operation of the machine.

Juan Lopez immediately received $10 million in cash and plans to retire in Florida. Upon receiving the news, Lopez exclaimed with joy, “Now I will be able to retire and buy the house of my dreams and live in peace.” Mr. Lopez has 4 adult children who reside in California, Nevada, Florida, and added that he wants to share his new fortune with his children and grandchildren. Ginarte stated: “This victory represents a great triumph for all immigrant workers who come to this country in search of work and who suffer accidents due to defective machinery and equipment.

Ginarte added: “The companies that manufacture and design industrial equipment and machinery have the obligation to provide safety measures to prevent this type of accident.” Finally, Mr. Lopez added, “I have a lot to thank the Ginarte Law Firm for all the effort and dedication that made it possible to win my case.”

Nelson v Narwal verdict of $60,000,000 was the largest medical malpractice verdict in the State of New York for that year.

A jury in Atlantic County, New Jersey, returned a $37 million medical malpractice verdict in a suit claiming a child was born with cerebral palsy because of the negligent administration of the drug Pitocin to his mother during childbirth.

Following a two-week trial before Superior Court Judge, the jury awarded $29,021,150 in pain, suffering, disability, impairment and the loss of enjoyment of life; $5,481,023 in future life care expenses; and $3,045,923 in lost future income.

The suit stems from the birth of Michael Markert with cerebral palsy at Shore Medical Center, on June 10, 2008.
Michael sustained an ischemic stroke impacting the left side of his body during childbirth, giving him limited use of his left hand and a limp impacting his left leg, said James Wilkens, Ginarte Law Firm trial attorney, who represented the plaintiffs along with Thomas Vesper of Westmoreland Vesper & Quattrone. Michael, now 16, also suffers cognitive defects because of the negligence.

When Amareda Markert was in labor, hospital staff put her on an intravenous Pitocin drip, Wilkens said. The hospital’s own protocol calls for monitoring of the patient while Pitocin is administered, and for the drug to be discontinued if her contractions become too frequent or too long in duration, Wilkens said. But nurses attending to Markert failed to monitor the mother closely and increased the Pitocin dosage to the maximum allowable level, Wilkens said. That caused a reduction in blood flow to the baby’s brain, causing the baby to have a stroke, he said.

Michael appeared normal at birth but was diagnosed with cerebral palsy at about four months of age when his mother noticed he was using his left arm less than the right, Wilkens said.

The plaintiffs maintained that Michael was injured because his brain was deprived of oxygen during birth, even though his blood had sufficient oxygen, Wilkens said.

A construction worker who suffered electrical discharge at a construction site was awarded $8.933 million in his NY Southern district suit, Daniel Rivera, Plaintiff, v. HOME DEPOT U.S.A. et al on April 11th, 2018.
Daniel Rivera, 37 years old at the time of the accident, was working on a construction site in Yonkers, New York on August 22nd, 2015. Mr. Rivera was climbing an unsecured metal ladder, the ladder shifted coming into contact with a live electrical wire, causing Daniel to endure grave injuries including immobile left arm, vision loss and significant pain to left side of his body.
An ambulance transported Mr. Rivera to nearby Saint Joseph’s Medical Center where he was treated for his injuries. Mr. Rivera was discharged from the hospital three days after the accident.
The Ginarte Law Firm attorneys; Steven Payne with the assistance of Joseph Carfora, Michael Edelman and Timothy Norton argued successfully that Bryan’s Home Improvement Corp, a subcontractor for the defendant Home Depot USA Inc., failed to introduce any evidence to contradict two expert witness reports, thus entitling Mr. Rivera to summary judgement as to economic damages.
Mr. Rivera’s employer, Bryan’s Home Improvement Corp., did not provide any precautions against electrical hazards such as but not limited to; posting and maintaining proper warning signs, or permitting an employee to work in proximity to any part of an electric power circuit unless the employee is protected by de-energizing the circuit and grounding it or by guarding such circuit by effective insulation or other means.
Daniel Rivera underwent numerous surgical procedures including; knee surgery, discectomy, Left L5-S1 foraminotomy, several epidural steroid injections in an effort to treat injuries obtained from electrical discharge.

In another legal triumph for the Ginarte law firm, Mr. Bradley Lawrence, Esq., wins an $8,750,000 settlement for his client, a 44-year-old Ecuadorian carpenter who suffered a blunt force trauma injury while working.
On the day of the accident, José Santiago was installing a scaffold on the façade of a public school in Brooklyn. While kneeling to secure the wooden planks that were to be the floor, he suddenly received a crushing blow near his right shoulder. His lower back contorted, he felt extreme pain near the area of impact and was rendered unable to move or speak. When emergency services arrived, they had to load Mr. Santiago into a stretcher and bring him in through the window to lower him to ground level. He later discovered that his injuries were caused by a metal level jack that had fallen from two stories above him.

In the months following his accident, Mr. Santiago received continuous physical therapy and injections for his intense back, neck and shoulder pain but did not feel any improvement. As such, he underwent surgery on his right shoulder and a lumbar fusion. A year later, he was subjected to another operation on his left knee. However, his back continued to hurt, so his treating physician implanted an electrode stimulator in his spine to alleviate the pain. Finally, he required yet another surgery on his right shoulder to repair a labral tear.

Even today, the pain has not subsided and continues to affect his daily life, preventing him from playing with his children or cooking for himself. Furthermore, he has not been able to return to work. To protect his financial stability, the talented Mr. Bradley Lawrence managed to reach a settlement agreement with the defendants to compensate Mr. Santiago for the injuries sustained in the accident. Now, despite his physical limitations, Mr. Santiago can still financially support his family, send his four children to college, and ensure that he and his wife will be able to enjoy the rest of their lives together.

Client was standing behind a dump truck. The dump truck reversed and struck the client, pinning his knee against the bumper of another vehicle. The client had an arthroscopic ACL reconstruction with two screws, a second left knee arthroscopy, and most recently, a total left knee replacement.

In the early morning of January 13th, 2016, 32-year-old Juan Cabrera, a carpenter and manual laborer by trade, was working on a construction site in Flushing for a new building. That fateful day, a co-worker was driving a ‘spider’ crane when it suddenly fell over the edge of a ramp and landed on Mr. Cabrera’s left foot, shattering two of his toes. He tried with all his might to lift the 3,000-pound crane himself, but 20 men were needed to lift it high enough so that he could remove his foot. He was then transported by ambulance to New York Presbyterian hospital in Queens where he received treatment for his foot injuries, including crutches and a specialized boot to assist him in walking.

Unfortunately, these injuries were the least of his concerns. He started to feel pain in his lower back and left knee as a result of his attempt to lift the massive crane, which led him to attend physical therapy sessions for eight months — to no avail. Due to this unbearable, incessant pain, Mr. Cabrera decided to undergo a lumbar fusion wherein four screws are placed into the patient’s back to stabilize the damaged disc. Although the procedure had alleviated part of his pain, he can no longer fully bend forward now that the screws have fixed his back into an upright position. Moreover, he would go on to have four more surgeries, two on his ankle and two on his knee, also to reduce the pain in these areas.

Now, more than eight years after the accident, Mr. Cabrera finally received just compensation for his serious injuries in a trial by jury. Over the course of the litigation process, Mr. Ginarte fought tirelessly for Mr. Cabrera because knew that his injuries were worth more than the paltry offers made by the defense, despite their attempts to settle as soon as possible. Thanks to the efforts of Mr. Ginarte and his dedicated team, the jury reached a verdict of $7,200,000.

Ginarte Law Firm obtained a $6,500,00.00 settlement on behalf of Elba Galeno in Galeno v. NJ Tranist.

Miss Galeno was struck by a New Jersey Transit bus, while she was crossing the street at the intersection of Market and Main Streets in Paterson, NJ. As a result of the horrific accident, she sustained severely comminuted open fractures and crushing injuries to both legs. Ms. Galeno ultimately underwent an amputation of her right leg below the knee.

Lewis Rosenberg, Esq. obtained a victory in the amount of 7,500,000.00 for our client. Due to a lack of care and delay in delivery, the plaintiff suffered hypoxia and sustained severe brain damage at the time of birth that will impact that rest of her life. This young baby will need lifetime treatment and currently receives occupational therapy, speech therapy, and feeding therapy. In less than 2 years the Ginarte Law Firm was able to settle this case for a multimillion sum that will hopefully provide a better quality of life for the baby and the family as they deal with the permanent and lasting consequences of the hospital’s negligence.

Ginarte Law Firm obtained a $6,500,00.00 settlement on behalf of Elba Galeno in Galeno v. NJ Tranist.

Miss Galeno was struck by a New Jersey Transit bus, while she was crossing the street at the intersection of Market and Main Streets in Paterson, NJ. As a result of the horrific accident, she sustained severely comminuted open fractures and crushing injuries to both legs. Ms. Galeno ultimately underwent an amputation of her right leg below the knee.

Verdict of $26,000,000 after hospital botched the birth of twins, leaving one dead and the other deaf and mute.

Work Accident Causing Arm Amputation yields $5.5 million settlement in Essex
“A minor who lost part of his arm in a meat grinder in a Paterson store where he worked was paid a portion of his $5.5 million settlement Jan 18 in his suit, Ucelo v. Mi Esquina Corp.

In September 2012, Fredy Ucelo, then 17, was working at El Nuevo Bodegon, using a table mounted meat-grinding machine. His right, dominant hand got caught in the machine’s metal teeth, and he ultimately lost his arm to just below the elbow, according to his lawyer, an attorney of Ginarte, Gonzalez Winograd in Newark.

The suit, filed in Essex County, initially names as a defendant the machine’s manufacturer, which did business in that county. But the manufacturer later was dismissed, Ginarte Law Firm said.

The suit alleged that the machine was missing a guard for its opening, and claimed the task Ucelo was performing was prohibited for minors by federal and state statute as a potentially hazardous task.

Mi Esquina Corp. is the owner of El Nuevo Bodegon.

Ucelo underwent surgery and had a claim for psychological harm. He had trouble with the weight of a mechanical prosthesis, and rejected an alternative one, Ginarte Law Firm said, noting that he argued it’s common for young men to have trouble adjusting to a prosthesis.

The defense claimed comparative negligence disputed liability and contended that Ucelo’s situation was made worse because he refused a prosthesis, according to Ginarte Law Firm.

Superior Court Judge Christine Farrington, ruling on summary judgement motions last year, held that Ucelo, though an undocumented immigrant, could pursue a lost-wage claim because he was minor when the injury occurred and because the employer was alleged to have caused the injury, Ginarte Law Firm said.

In lodging the suit, Ucelo surrendered any right to further workers’ compensation payments, but had no cap on his recovery, as per the New Jersey Workers’ Compensation Act….”

– By David Gialanella

Steven Payne, Esq. acquired a settlement for George who fell 8 feet from a ladder after falling from scaffolding. Mr. George lost consciousness and later woke up at NY Presbyterian Hospital. Mr. George suffered 2 fractured ribs, a dislocated left shoulder, fractured bone of left ear. Mr. George also had to undergo surgery form his left shoulder. The total sum awarded was a total of $5,000,000 in which Mr. George was very happy with the amount and the victory.

Joseph Ginarte, Esq. obtained a recovery in the amount of $4,500.000.00 for a client who in March of 2016 was installing a section of metal decking to build out of the 5th floor level of a construction project when he was caused to fall through an opening in the decking approximately 10 feet to the concrete ground below. The plaintiff was provided with a safety harness but there was no area/place for him to tie off while performing this work. As a result of this incident, plaintiff sustained severe and extensive injuries through his body including multiple facial skeletal fractures, wrist fractures, and disc herniations requiring fusion surgery. The plaintiff suffered such devastating injures which have prevented a return to work.

Ginarte Attorneys Richard Winograd helped truck driver, Gadiel Martinez, win a $4,200,000 settlement in his suit Martinez v. Inter-City Tire and Auto Center. Mr. Martinez was driving his 18 wheel truck westbound on Tyler Street in Newark, when he was forced to swerve to avoid another truck that was heading eastbound on Tyler Street that decided to make a left turn. Mr. Martinez was thrown out of the cab, and became pinned underneath one of the truck’s tires, which required having his left leg amputated at the hip.

Steven Payne, Esq. announced a settlement on behalf of Mr. Padillo for $4,250,000. Mr. Padillo was fixing a rooftop. He was working close to the edge of a roof when he lost balance and fell. Mr. Padillo was working without proper safety tools even though he had spoken to his boss about providing proper safety equipment but he was never provided them and was told to not be a baby by his boss. Mr. Padillo needed the money and continued to work in those conditions. Mr. Padillo hit the ground and fractured his pelvis, jaw, and hip. He also had to undergo surgery for his jaw and lost consciousness at the time of accident. Mr. George was very happy with the victory.

Fell from ladder TBI, ankle surgery as well as cervical and lumbar fusions.
Client was doing spackling standing on an 8ft A frame ladder that was not heavy duty. The ladder moved and he fell. His head hit the edge of the kitchen sink and then he landed on his back.

This case involved a worker who fell 14’ through an opening and sustained significant injuries to his neck, back and knees. These injures have necessitated four (4) surgical procedures to date. Settled for $4 Million.

Fell 6 stories Suffered TBI Cervical and lumbar surgeries. Settled for $3.9M
Mr. Ramirez was working in NY on a new building, the building was almost complete, they were making the finishing touches on the roof, they were ready to put the last bricks. On this date, as he was on the roof, his coworker was making a scaffold. The scaffold was not placed correctly and as he stepped on the wood, he fell down 6 stories down. Mr. Ramirez states he fell on top of plywood that was on the ground. He was taken to Mt. Sinai – Beth Israel.

Steven Payne, Esq. announced a settlement on behalf of client, George, in the total amount of $3,900,000. Mr. George, while at work, was coming down from the 4th floor of a building and as he walked down from the 4th floor to the third, he slipped and fell which cause him to injure his knees and lower back. Mr. George had to undergo a lumbar fusion and other several knee surgeries.

Attorneys, Joseph Ginarte announced a $3.9 Million settlement on behalf of a factory worker, who suffered a debilitating injury to his arm, while in the course of his employment. The Ginarte law firm was able to achieve this significant settlement after three (3) years of protracted litigation in New Jersey Superior Court. The accident in question occurred when the worker was operating this machine his left arm was pulled into the machine, thereby causing severe orthopedic and internal injuries. Unfortunately, he was rendered totally disabled, and has been unable to return to work. The Ginarte law firm filed a products liability complaint against the manufacturer of the machine. Attorney, Ginarte, added, “this is a tremendous victory for our client and his family since we were able to establish that the machine in question lacked proper safety guards.”

In addition, attorney, Ginarte Law Firm, added, “this accident could have been prevented if the manufacturer had taken proper steps to ensure the proper design of this machine.”

Steven Payne, Esq. helped Mr. Caesar acquire a settlement in the total sum of $3, 850,000 after his foreman told him to use a specific scaffold to open a hole in a ceiling for the purpose of installing a light fixture. Opening the hole was beyond the scope of client’s duties, however, he complied. While he pushed the scaffold to move it to the desired location, a platform plank from the highest level of scaffold fell on his left foot. Mr. Caesar had to undergo surgeries as he suffered multiple metatarsal fractures. Mr. Caesar was ecstatic with the victory and the results of the case.

This case was settled for a significant 3.8 million dollars on behalf of a construction worker who suffered injuries in the course of his employment. The accident occurred in March of 2014 while doing ceiling restoration work for a church in Manhattan, NY. Client fell 45 feet off the ground while working in an elevated bucket lift and suffered tremendous injuries on both ankles, back, left hand, and head. Client underwent a multi-level lumbar fusion as well as an ankle fusion. Luckily, Steven Payne, Esq. was able to work fast to come to a resolution for the client.

This was case was settled during trial for $3.8 Million. It involved a worker who fell 12’ from a cement form injuring both his legs and his back. He required 9 surgical procedures.

Steven Payne, Esq. obtained a recovery in the amount of $3,800.000.00 for an injured worker who was not afforded proper fall protection and fell from a concrete form. The client injured both legs and underwent eight surgeries. As a result of the accident in this case, the client was caused to sustain permanent injuries all of which have substantially prevented him from enjoying the normal fruits of social activities.

The Ginarte law firm announced a significant $3.5 Million settlement on behalf of a construction worker, who was injured in the course of his employment. Ginarte Law Firm, was able to obtain a very significant settlement in a very challenging case. The accident in question occurred when a metal beam fell on top of Raul Silva, while working at a construction site owned by Viera’s Bakery in Newark, New Jersey. Unfortunately, Mr. Silva suffered significant injuries, and was rushed to a local hospital, where he remained in a coma for over three (3) weeks. As a result, he suffers from memory loss, and has been unable to return to work.

Ginarte Law Firm stated, “this is a tremendous victory for Mr. Silva and his family since we were able to establish that Viera’s Bakery did not comply with safety guidelines required by law.” The Ginarte law firm was able to establish that Viera’s Bakery was negligent in failing to properly supervise this construction project. There were numerous safety violations at the subject construction site, which contributed to the cause of this accident. Attorneys, Joseph Ginarte and Ginarte Law Firm, stated, “we are delighted to achieve this significant settlement on behalf of Mr. Silva and his family, and we are especially pleased because this was a very difficult case, and we were able to achieve a terrific outcome for our client.”

Steven Payne, Esq. announced a settlement for Mr. Willie who was on standing on a 4’ aluminum “A” frame ladder using an electric powered sanding machine in the secondary shower. He was sanding/polishing the marble near a shower when the ladder moved forward and then the polisher “bucked”. He fell forward into the shower head hitting it with his forehead and threw up after he regained consciousness. He injured his back, neck, right leg, right arm, head, and showed signs of traumatic brain injury. After 5 years, Mr. Willie was able to receive a $3,350,000 settlement in which Mr. Willie was ecstatic with the victory and was grateful for all the help from Ginarte Law firm.

Settled during jury selection on July 20, 2016 in New York County. Client was a 57 year old laborer who fell from a scaffold in July of 2011 while performing asbestos abatement work in an office building. Ginarte filed a motion with the New York County Supreme Court which was granted in our client’s favor, the Judge finding that the building owner and general contractor were negligent and this negligence was the sole cause of the scaffold collapse. As a result of this accident Client was unable to continue working. Due to these serious injuries, it was necessary for him to have surgery to repair his injured left knee, left shoulder, and spinal fusion surgery to his cervical and lumbar spines.

Ginarte Law Firm obtained a $3,000,000.00 settlement on behalf of Eliazar Castillo in Castillo vs. NYCTA.

Steven Payne, Esq. obtained a settlement in the amount of $3,000.000.00 for a client who was knocked down by an MTA bus that was turning right as she was crossing the street. As a result of being struck by the bus, Ms. Castillo sustained severe and permanent injuries including extruded disc herniation, head trauma, and both cervical and lumbar fusions. Ms. Castillo continues to suffer as a result of the negligence in the operation of the bus though she is grateful for the team at the Ginarte Law Firm for helping her.

Steven Payne, Esq. obtained a settlement in the amount of $3,000.000.00 for a client who was shocked while using an electric welding machine on a metal beam and following the shock fell 15 feet from the elevated work platform and remained unconscious. This accident occurred inside a warehouse with dangerous conditions including defective electrical wiring and precariously elevated work platforms that lacked personal fall protection. As a result of the accident the plaintiff suffered back and head injuries and had a lumbar fusion. Additionally, the plaintiff suffers sensorineural hearing loss in both ears. The client was very satisfied with the victory.

Our law firm obtained a verdict yesterday May 19th, 2016 in Essex County before Judge Farrington in the amount of $2,875,000.00. This was a tough Laidlow case wherein Plaintiff, Miguel Marte, was seriously injured with those injuries ultimately leading to his death when he was caused to fall into an operating piece of machinery. Mr. Marte was extracted by employees and brought to the loading dock before emergency personnel arrived. He was left in that machine for 8-10 minutes while employees were trying to extract him. Safety devices had been removed from the machinery permitting it to work and be operational when the cover was in an upraised position.

This wrongful death case settled for $2.5 million on behalf of a bicyclist who was struck and killed by a tractor-trailer. The accident occurred in July of 2018 when Juan Gomez was riding his bike near an intersection in Newark. The truck knocked Gomez to the ground, then ran him over. After realizing there was a collision, the truck driver backed up the truck while Gomez was still underneath it. Gomez sustained fractures to the sternum and pelvis in this fatal accident.

This case involved a worker who fell from a ladder while securing steel beams injuring his back which required surgery. The case settled for $2.5 Million.

“This was a medical malpractice case in which the plaintiff contended that the two defendant pediatricians, who were partners, negligently failed to determine that the child had glaucoma. The plaintiff maintained that as a result, the condition was not detected until the mother’s optometrist observed the pronounced sign of enlarged globes when the mother was buying glasses when the child was four-and-one-half-years old, and referredthe child to an ophthalmologist. The plaintiff contended that if timely diagnosed, the condition could have been medically managed successfully. The plaintiff also maintained that even if surgery had been indicated, the child would have undergone far fewer than the six operations which she required, and that the 40% vision loss would have been limited to approximately 10%. The case settles prior to trial for $2,500,000.00.” – New Jersey Jury Verdict Review & Analysis

Construction worker fell from an unsecured ladder.  Our client sustained injuries to the left shoulder and knee which resulted in a total left knee replacement. Attorney Steven Payne settled case for $2,500,00.00

Ginarte Law Firm obtained a $2,500,000.00 settlement on behalf of Fausto Lopez in Fausto Lopez vs. Ryder Truck Rental, et al.

The lift gate attached to a truck broke suddenly and unexpectedly causing Mr. Lopez to fall to the ground and sustain serious injuries while he performed a delivery of a pallet of copy paper in July 2013. The plaintiff underwent extensive treatment and several surgeries and suffers residuals of the injuries. He is limited in his ability to lift; bend and perform strenuous activities. John Ratkowitz, Esq. recovered a settlement on behalf the plaintiff in Essex County.

Plaintiff was working at a construction site painting. While working from a ladder that lacked rubber feet, the ladder slipped causing him to fall approximately 12 to 15 feet. Plaintiff suffered spinal fractures and herniation requiring fusion surgery .

On June 6, 2015, a construction worker, was working for a framing subcontractor in Middletown, Orange County, NY when he fell 35 ft. from a ladder outside of a house. He was placing plywood but did not have any safety tools with him nor were there any security anchorage in place to hold the ladder. As he was placing the plywood, the ladder moved causing him to fall and while his boss was in the area, his boss did not want to call the ambulance right away.

He suffered fractures on his right hand, both ankles, injuries on his back, shoulders and left arm. In total he has undergone 5 different surgeries because of this horrific accident. At one point he had a cast on both of his feet. Last week attorney Steven Payne, was able to settle this case for $2.25 million.

On September 2011 construction worker fell from scaffold that tipped over while on the second level of the second tier of the scaffold. While construction worker was plastering a ceiling, the baker’s scaffold, with unlocked wheels tipped causing plaintiff to fall backward to cement ground and scaffold then fell on top. This resulted in an injured neck, shoulder, and wrist. Steven Payne Esq. settled during trial for 2.25 million and a reduction in the worker’s compensation lien of $75,000.00.

Plaintiff was knocked off a trailer by a swinging crane load and falls 15 feet to the ground – bilateral wrist fractures and calcaneal fractures requiring surgery.

On October 13, 2012 Edwin Encalada, a 33 year old Ecuadorean immigrant was working as a carpenter for NHS & BJ Enterprises, a subcontractor for Rock Ridge Construction Management in Demarest, NJ. While framing on a home construction site Encalada was using a nail gun that misfired and struck his left eye with what doctor’s believe to be a nail or a piece of wood. Escalada was immediately taken to the hospital where he underwent surgery the following day. Under federal safety regulation it is required for employees to wear safety goggles of which Rock Ridge did not enforce.
The Ginarte Law Firm argued in Essex County Superior Court that Escada now 37, will have to deal with extremely blurry vision for the rest of his life. His partial blindness affects his daily life making normal activities such as walking difficult because of his impaired depth perception. After five days the jury found Rock Ridge negligent and awarded Encalada $2 million.

Brett Riccio settled his case for personal injuries sustained on December 10, 2014 while working as an elevator modernization helper, for $2,025,000 dollars after the matter was assigned to trial before the Hon. Andrea G Carter in Middlesex County Superior Court on September 24, 2018.

Mr. Riccio was a unionized helper working for the elevator Co. which had been hired to modernize the elevators in its 6 story commercial building in Clifton New Jersey. On December 10, 2014 while exiting the elevator machine room located on the roof, Mr. Riccio stepped onto a metal grating which slipped off its angle support and slipped into a vertical position. Mr. Riccio immediately was thrown into mid air and while attempting to grasp the sides to save himself, hyper-extended both shoulders and twisted his right knee, ultimately landing on the hanging grating laying face up in an awkward position opposite the direction he had been coming. He was treated and released after presenting with multiple complaints. However plaintiff returned to work later that next day and continued working albeit with difficulty over the course of the next week. He then sought out further medical attention and subsequently was required to undergo arthroscopic surgery for a tear of the medial meniscus of the right knee and sequentially also had arthroscopic surgeries for bilateral torn labrums in the shoulders as well as a torn rotator cuff in the left shoulder.

Partner, Richard Winograd, achieved a $2,000,000 settlement on July 12, 2012 in New York County Supreme Court for 67 year old Wilbur Rocco, a truck driver who injured his back, while working at a construction site in Lower Manhattan on December 14, 2007. Mr. Rocco’s injuries occurred when he was seated inside the cab of his stationary tractor, while several tons of steel studs, which were being hoisted in a sling by a crane, fell on the truck and cab. The sling that was holding the studs ripped apart during the hoisting process, when the studs were approximately 14 stories above the ground, causing the studs to come crashing down to the ground and the truck which, in turn, caused Mr. Rocco to fall to the floor of the cab.

Mr. Rocco sued several entities for negligence in their respective roles in allowing for the use of the sling, which tore apart and caused the accident. The injuries to Mr. Rocco’s back rendered him totally and permanently disabled, requiring extensive medical treatment that ultimately led to severe complications despite multiple surgeries, which included discectomies, laminectomies, and fusions.

The Defendants contended that Mr. Rocco was contributorily negligent, because he should not have been in the “pick zone” during the hoisting of his load, and that any injuries he claimed to his back were not related to this accident. Mr. Winograd successfully overcame these defenses, and Mr. Rocco received substantial compensation for his injuries.

Struck by falling objects. Lumbar fusion, settled for $2M
Client is a construction worker who was doing forms at the time of the accident. He was bending over facing one way when a temporary metal scaffold post fell from somewhere behind him and struck him on his neck/back. Ambulance to NY Presbyterian Hospital

This case involved a painter who was injured while painting a bridge in Massachusetts. This matter was successfully resolved at a mediation for $2 Million.

Steven Payne, Esq. helped Mr. Manny achieve a settlement of $2,000,000 after Mr. Manny suffered an accident in the workplace. He was doing demolition work on the 4th Floor of a building and was standing on a frame ladder when the steel figure came down with force hitting his shoulder, elbow, and puncturing his forearm. With the help of Ginarte Law Firm and Steven Payne, ESQ. client was able to get the compensation that he deserved and was very happy with the results of the case.

Steven Payne, Esq. Obtained a settlement in the amount of $2,000,000 for client who was installing a smoke detectors and fell from a ladder. His foreman had released too much cement and the funnel with the cement came crashing down. It took out a wooden scaffold and shoved Rodriguez against the exterior wall. Mr. Rodriguez was not taken to the hospital at the time of the accident and was told to go home and not to tell anyone about the accident. Finally, after two days, the foreman took him to the hospital. He injured his neck, right shoulder, and back. With the help of Ginarte Law Firm and Steven Payne, Esq. he was able to receive compensation and hold those responsible accountable. Mr. Rodriguez was very happy with the victory.

Partner, Richard Winograd, achieved a $2,000,000 settlement on April, 2017 in New York County Supreme Court for a longshoreman, in his early 50s who fell after a large number of lashing bars shifted under his feet, causing him to suffer a cervical and a lumbar herniation. The large number of lashing bars used to secure cargo were left in passageway, causing plaintiff to fall.

Ginarte Law Firm obtained a $2,000,000.00 settlement on behalf of Guillermo Hernandez in GUILLERMO HERNANDEZ v. CLEARVIEW DEVELOPMENT OF NY, INC., et al.

The Plaintiff was caused to fall from a ladder in violation of New York State Labor Law during the course of his employment duties while working on a ceiling in a network room. As a result of the negligence by the Defendants, the Plaintiff sustained several injuries including a comminuted fracture of the right heel bone and internal ankle derangement requiring right ankle arthroscopy.

Client was cleaning windows when then scaffold he was working on tipped over. The client sustained a fractured calcaneus. Steven Payne, Esq. fought for our client and obtained a $2,000,000 settlement.

Steven Payne, Esq. obtained a recovery in the amount of $2,000,000.00 for an injured bridge painter who fell from an elevated work platform. As a result of his extensive and painful injuries, the client underwent lumbar fusion surgery and continues to have discomfort and limitations due the incident.

Ramon Perez was injured on April 29, 2013 while making a delivery to Prime Aid Pharmacy. Ramon was taking some boxes down to the basement when he fell down a flight of stairs after slipping on a piece of plastic; the stairwell had no handrails. Mr. Perez sustained the following injuries: Inferiorly extruded right paracentral disc herniation with marked mass effect upon the ipsilateral nerve root; Right foraminal disc herniation. – 2 back surgeries required.

Richard Winograd Esq., settled a 1.98 million dollar on behalf of a restaurant supply company worker who resulted blind on his right eye and partially blind on his left eye. The incident occurred on August 8, 2011, while our client was cleaning a product some chemicals got into his eyes. Client was using a small pump to clean an exhaust filter when a small rubber hose that was attached to the pump became loose and sprayed both of his eyes. He was rushed to the hospital where he stayed for two weeks and had to eventually undergo a corneal implant. In the years of working for the company he had received no training in using dangerous chemicals and had never been instructed to use face protection.

Steven Payne, Esq. obtained a recovery in the amount of $1,950,000.00 for a client who fell down a defective stairway and lost an eye when a lamp he was carrying broke and went into his eye. As a result of the accident Mr. Medina was caused to sustain permanent loss of vision in the left eye and intracranial injury as well as infection and loss of intraocular tissue all accompanied by severe pain and distress. The plaintiff will never live with the same quality of life as before the accident all because the defendant failed to provide proper maintenance and safe and secure footing for those lawfully in use of said steps and stairways.

The Ginarte Law Firm won $1,900,000 on behalf of the estate of Carlos Diaz, who died while employed by Northeast Linen Supply in Linden. Carlos Diaz was instructed to remove debris from a 15,000 gallon wastewater holding tank, which had sludge containing sulfuric acid, bleach, and other toxins. Carlos Diaz and fellow Northeast Linin Supply, employee Victor Diaz, no relation, were discovered dead three hours after being inside the tank.

fell from ladder lumbar surgery settled for $1.9M
Client was doing construction work in a bathroom. He was putting up waterproof sheetrock “wonder wall.” He was standing on an unsecured, 6ft, A frame ladder when the ladder moved causing him to fall. had bilateral knee surgeries and a lumbar fusion.

construction worker fell from a scaffold and required a lumbar fusion.

Two chemical operators, who worked in Newark together will get almost $2 Million for injuries sustained from inhaling toxic fumes from a nearby chemical plant four years ago. Ella Smith, formerly of the Monmouth Junction section of South Brunswick, was awarded $1.4 Million, and Monmouth Junction resident, Fred Harris, received $395,000. They were both chemical operators at an industrial factory, when they were rushed to nearby hospitals after inhaling toxic fumes that they claimed were emitted by Peridot Chemical Inc. “Smith, 49 years old, who had worked at Celanese for 10 years, spent nine days in the hospital, and was never able to return to work,” said her attorney Richard Winograd. Harris, 51 years old, a 20-year employee, spent a total of 18 days in the hospital, and was out of work for four months. Richard Winograd said, “both employees had suffered permanent respiratory damage and mild cognitive impairment resulting from a three-to-five-minute exposure to sulfur dioxide and hydrogen sulfide,” a claim contested by Peridot’s attorneys. Both victims remained conscious but felt sick within minutes of the incident and were taken to area hospitals within a half-hour. “Extended exposure to large amounts of hydrogen sulfide and sulfur dioxide can be fatal,” said Richard Winograd. Richard Winograd said,”Peridot admitted that sulfur dioxide was a byproduct of its operation, but maintained the gas was not released on that day.”

Plaintiff, Omar Cruz, was injured while working at a construction site located on 164th Street in the Bronx, New York. Heavy rain from the night before had caused the trench in which the construction was occurring to cave in. The following morning, Mr. Cruz was ordered to go into the trench with two other workers to remove the stripping panels from the excavation site. Three minutes after the men entered the ditch, the excavator operator at the site moved the excavator, causing the dirt to shift and the ditch to cave in further. The two other workers were able to escape, but Mr. Cruz was not as he had his back to the dirt wall and did not see it falling. Mr. Cruz was buried under ten feet of dirt. He was immediately pulled out of the pit, but he was bleeding from his mouth and had lost consciousness by then. He suffered from severe internal bleeding, oral and facial injuries, and broken toes and leg. He currently suffers from back and stomach pain, difficulty in walking and moving due to the abdominal trauma, and he requires the assistance of a wheelchair. Throughout the course of litigation, it was proven that excavators should not be moved while men are working in a pit. This is in violation of the strict duties imposed upon construction site supervisors and owners under New York Labor Law. The case was settled for $1,750,000.

Plaintiff fell from ladder after electrical shock. Multiple surgeries on non-dominant arm.

In November 1996, fifteen-month-old Jared McLean was placed in the New Jersey foster care system under the watch of the Division of Youth and Family Services. Born prematurely and exposed to a number of drugs, diseases, and developmental problems while in gestation, Jared was classified as a special needs medically fragile child by the State for which he required special medical attention. Instead, Jared was placed in a foster home that was overcapacity, with a single mother to two natural children and three foster children, who, by her own admission, was depressed, experiencing financial problems, and felt stressed. Despite several visits by the State to the foster home wherein alarming issues with the living arrangements and care of Jared were noted, nothing was done to ensure Jared’s proper care. Anonymous phone calls and missed doctor’s appointments regarding Jared’s welfare were all brought to the attention of the State, but Jared remained in the home. It was the culmination of these factors that led to Jared’s injuries. In October 1997, his foster mother left him alone and unclothed in the kitchen sink as she walked off to get a bath towel with which to bathe him. In that instant, Jared was severely burned by hot water that spewed from the faucets at full pressure after he accidentally kicked a loose hot water faucet. Rather than seek immediate medical attention, Jared’s foster mother rubbed what is believed to be benzyl peroxide on his burns, and put him to bed. Upon discovering in the morning that the skin had blistered overnight, the foster mother waited until her other children went to school before taking him to the hospital. This case settled for $1,700,000.

Fell down wet stairs lumbar surgery settled for $1.7M
The accident happened on July 21, 2015 @ 7:30am. Plaintiff said he was going to the back entrance to access the service elevator when he slipped on water covering the stairs. The super had just finished hosing the sidewalk and stairs down. He was not carrying anything when he fell. He landed on his back. An ambulance came and took him to St. Lukes Hospital. They told him he had fx coccyx. He also injured his right wrist and back.

Plaintiff was a construction worker and was building the walls for the elevator shaft when he fell down the elevator shaft. He fell about 30 feet (three stories). Injuries include fractured skill, face contusions, injured left shoulder, two fractured ribs, and left knee.

A worker who sustained vertebral fractures and other serious injuries in a fall from a jobsite roof settled his Middlesex County suit for $1.6 million. Victorino Ramirez, 41, a roofer, was working on a roof on a commercial building when he fell through an uncovered hole in the roof and landed 22 feet on the floor below. The defendants negligently failed to provide a safe workplace with no fall protection used on the roof, and failed to plan, monitor and ensure that the incident fall hazard was controlled. Ramirez underwent an emergent decompression and fusion at T12-L2, closed reduction and application of external fixator for the right ankle pilon fracture, open reduction and internal fixation from L4 to the sacrum, and open reduction and internal fixation of the distal radius. Ramirez remained hospitalized for several weeks before being transferred to an inpatient rehabilitation facility, where he treated for the next five months. Ramirez was ultimately diagnosed with cauda equina syndrome, lumbar radiculopathy, multiple decubiti at the sacrum, scrotum and heel, and bowel, bladder and sexual dysfunction, including incontinence. Ramirez received home nursing care and was in and out of the hospital to treat pressure sores. He further treated with a urologist for his bladder dysfunction. In November 2020, Ramirez died from complications related to COVID-19. He was survived by his mother and four brothers.

On May 29, 2024 a jury verdict of $1.5 million was returned in Essex County Erik Rojas The verdict will be molded due to a stipulation regarding Workers’ Compensation benefits between the parties to bring the final verdict to $1,620,843.25 million.

Mr. Rojas was working at a construction site in Jersey City, New Jersey. On the day of the accident, Mr. Rojas was attempting to access a pump jack scaffold from a 4th floor balcony. The balcony was adjacent to the scaffolding and workers were jumping over an eighteen-inch gap to access the scaffolding, after which they would tie into their lifelines.

Mr. Rojas sustained serious injuries due to his fall, including a cerebral concussion, a fracture of the right L3 transverse process, a right ankle fracture/dislocation requiring open reduction and internal fixation, a displaced intraarticular fracture of the left talus requiring open reduction and internal fixation.

A jury verdict of $1.5 million was reached after a three-week trial and a day of deliberations.

Fall from ladder. Trial in Essex County Court where the issue was whether the plaintiff, an experienced construction worker who placed the ladder himself, had noticed that the floor was slippery, which had caused the ladder to kick out. The Ginarte Law Firm obtained a $1,500,000.00 verdict for plaintiff.

Fall from scaffold. Closed head injury – TBI – Subarachnoid hemorrhage – Progressing cognitive deficits involving memory and concentration.

189 N.J.L.J 1021 NEW JERSEY LAW JOURNAL, SEPTEMBER 17, 2007 9 Suits & deals.$1.475M for Workplace Accident Lopez v. Sender Ornamental Iron Works Inc.: A Union City masonry worker has received $1.475 Million to settle his suit over injuries suffered while using a machine on the job. The accident occurred on Sept. 12, 2005, at Cambridge’s Pavers Inc. in Lyndhurst. Employee Mauro Lopez, then 46 years old, was using a machine that tumbled and stacked paving stones when his right hand became caught in a moving part. Newark’s Ginarte Gonzalez Winograd L.L.P., says, “Lopez suffered multiple fractures to his hand and forearm that required multiple surgeries to repair.”

The product-liability suit, venued in Hudson County, named the machine’s manufacturer, Sender Ornamental Iron Works Inc., of Pennsylvania. Ginarte Law Firm says the award, offset by a workers’ compensation lien of $310,000, was paid on July 29. Sender Ornamental’s carrier, the Continental Insurance Co., retained Lee Eckell, of Princeton’s Post & Schell. He refused to confirm the settlement.

Mr. Cuenco sought the help of Ginarte Law firm regarding an accident in the workplace. Mr. Cuenco was doing demolition work when a coworker dropped a metal beam from roof of a 5-story building which struck Mr. Cuenco on his back and left side of his body. Mr. Cuenco also sprained his left ankle. Mr. Cuenco underwent left knee arthroscopic surgery as well as a partial medial meniscectomy. Steven Payne, Esq. helped Mr. Cuenco receive a settlement in the amount of $1,424,000.

Attorney Matt Martin announced a settlement in the sum of $1.4 million on behalf of Dela Cruz in Cruz v. Huguenot Realty Corp. client who was painting the interior of a restaurant when the old, wobbly, and beat up ladder that client was using moved and caused him to fall. Client suffered injuries in his back and had a fracture on his right hand that required surgery. Mr. Cruz sought the help of Ginarte and was very satisfied with the Victory.

A construction worker injured in a fall at a Perth Amboy construction site was awarded a verdict in Middlesex County, resulting in a $1.4 million total recovery. Cesar Cruz was working on a construction project building 1,700 apartment units. At 9:30 a.m. on March 29, 2018, Cruz was installing floor joists on the second floor of an apartment while standing on an elevated platform that he and his crew built into the framing of the unit. That platform collapsed, and Cruz fell six or seven feet to the ground below. Cruz suffered a concussion, post-traumatic headache disorder, cervical herniations at C2-3 and C5-6, bulging discs at C3-4 and C4-5, and C6-7 cervical radiculopathy. Initially, Cruz underwent cervical epidural injections, but on July 28, 2020, he underwent a cervical discectomy, fixation, and fusion. Cruz sued the general contractor on the project and alleged that it permitted the subcontractors’ employees to access heights in dangerous ways while working, and that the designated safety supervisor lacked adequate training to enforce OSHA fall protection requirements. During discovery, it was revealed that the general contractor did not try to find out why its framing contractor had been previously investigated and cited by OSHA on the same job site.

The estate of Mario Gomez is awarded $1,400,000 in the suit, Estate of Gomez v. Tec-Cast. Ginarte Law Firm represented the Gomez estate. Mario Gomez was involved in an explosion at Tec-Cast Inc., when he was using a welder to repair a vessel that shapes aluminum parts. The vessel’s 450-pound door struck Gomez tossing him 30 feet. The welds and seams had allegedly failed because of metal fatigue.

Our client was a traffic engineer employed by the New York City ,when his boss, the Commissioner of the Department of Traffic wrongfully hired a friend to produce roadway signs, at an exorbitant price. This done without competitive bidding, which violates City law. The Employee Manual required employees, such as our client, to promptly report this behavior to the New York City Department of Investigation. He dutifully complied and reported the Commissioner. When the Commissioner learned of this, he had our client demoted resulting in a substantial loss of salary and benefits. New York City and State Law is supposed to protect Whistleblowers such as our client from retaliations for performing their duties in reporting wrongdoing such as this. When the City ignored the recommendation of its Commissioner of Investigation that he be reinstated, the client engaged the firm.

New York State Labor Law provides a remedy of reinstatement and back pay for Whistleblowers such as our client who suffers from retaliation. However this strangely requires, before suing they must first report this to in- department authorities, which in this case was the Commissioner who committed the wrongdoing. City attorneys first had the case dismissed for not complying. An appeal to the Appellate Division overturned that dismissal, ruling the client’s good faith attempt to furnish notice , conformed to the laws notice requirement and ordered a damage trial. The trial judge the awarded only $175,000. for back pay, despite proof that more than $388,000. in pay was lost and interest of almost $275,000.had accumulated, denying both interest and reinstatement. On a second appeal the Appellate Division again overturned the lower court and ruled that the client entitled to the proven lost pay, with interest and reinstatement. The City they appealed both intermediate appellate rulings to the State’s highest court, New York Court of Appeals in Albany. Argument, which may be seen on the Courts website, was heard on September 16.The Court issued its decision on October 22, affirming the earlier rulings, providing our client with a complete victory. This is estimated to cost the City about 1.4 million dollars for back pay, interest and attorney’s fees and requiring that he be reinstated.

This was a complex New York City building chemical explosion case, which was ordered, and coordinated by the Litigation Coordinating Panel as it was determined that there were common technical and factual issues of causation. Plaintiffs sought to recover for personal injuries arising from an April 25, 2002 explosion that gutted a Chelsea building, and sent fears of terrorism rippling throughout New York City when two employees of Kaltech Industries Group, a sign manufacturing company on West 19th Street, transferred chemicals from smaller drums into a larger one for disposal. More than 40 people were injured. Our client had worked for Kaltech, and sustained severe burns to parts of his body as a result of the explosion. Defendants moved for Summary Judgment dismissing plaintiffs’ complaint, arguing that under a lease rider, tenant Kaltech was responsible for insuring the safe use of chemicals on the premises absolving defendants of liability to plaintiffs. On November 8, 2007, the Honorable Judge Shirley Werner-Kornreich rendered a decision in favor of the plaintiffs, defeating defendants’ motions for summary judgment, in ruling that there was evidence in the record that defendants knew of the chemical use, and concluding that it was a question of fact as to whether it was sufficiently hazardous that defendants should have taken steps to protect third persons. The case was reported on and published in the New York Law Journal. On February 28, 2008, the case was successfully negotiated and resolved for $1,375,000 at Mediation. Richard M. Winograd, Esq. and Gary R. Novins, Esq. were co-counselors for the Plaintiff.

Plaintiff struck by car that was force onto sidewalk. Back injuries resulting in multi-level lumbar fusion.

Michael Edelman, Esq. obtained a settlement in the amount of $1,275,000 for Client Antoni in Antonio v. NYCHA. Antoni was working on a roof without a harness or a vest and fell between a wall and the scaffolding. Antoni injured his back, right arm, and left knee. With the hard work and determination of Michael Edelman, Antoni was very happy with the success of his case. Having heard about our law firm through Univision, Antoni already knew who to call after he suffered his accident.

Accident leads to $1 million jury award. “A former employee of Sea- Land Corp. in Elizabeth and his wife won a $1.25 Million award after he suffered an on-the-job fall that has kept him out of work,” his attorney said yesterday. After 1 ½-week trial, before Superior Court Judge A. Donald McKenzie, a jury on Monday awarded John Fanoli of Brooklyn $900,000 in personal damages, and his wife, Molly, $350,000 stemming from an accident at the dockyard, said Joseph Ginarte, one of the two Newark lawyers representing the plaintiff. Ginarte said his client sustained serious injuries when he fell from an aluminum ladder as he was disembarking a barge at the company’s docks on June 27, 1986. Fanoli, a shore gang worker, slipped from the ladder and fell about 15 feet onto a pile of wood pilings on the dock, Ginarte said. The plaintiff sustained multiple fractures, and spent 2 ½ months in Elizabeth General Medical Center-West. His injuries included a shattered hip, which required surgery for replacement, and damage to the nerves in his hands, Ginarte said. Fanoli has been out of work since the accident, the attorney said. He said Fanoli brought a negligence suit against the company after officials there told him he could not seek anything other than workers’ compensation. Fanoli and his attorney have contended that Sea-Land should have a gangway with handrails rather than a ladder for disembarking from barges, which are substantially higher than the docks. The plaintiff also said that beyond providing compensation the company has a separate duty to provide a safe exit and entrance to the barge.

The jury found that Sea-Land was 100% negligent in the case, Ginarte said. The attorney representing Sea-Land could not be reached for comment. Ginarte said Sea-Land took the position that because Fanoli was in his 60s; the case was not worth as much as it would for a younger couple. “Fanoli walks with a cane, and most likely will have to undergo a second hip replacement operation,” his attorney said.

“Money cannot replace his health, but it will help him. They will be able to at least have the monetary means to enjoy their golden years together,” said Ginarte, who tried the case with his partner, Richard Winograd.

Jose Orellana was injured on April 20, 2016. Jose was working at Staten Island University Hospital when he was struck by a Hydraulic Excavator while walking past it; operator of machine was not qualified to operate. Jose was taken to Staten Island University Hospital, where he was advised of 2 blood clots in the brain, he was in a coma for a week.

Steve Payne, Esq. obtained a recovery in the amount of $1,200.000.00 for a client who was injured by a falling brick wall at a demolition site in Clifton Park, New York. The defendants in this case failed to guard the equipment used so as to comply with all applicable safety regulations for New York State. As a result of the accident our client suffered leg and ankle fractures which required surgery, extensive medical treatment and months of physical therapy. The client’s way of life has been altered since the date of the accident in 2016 and he continues to suffer from pain.

Defendant driver crossed the center line Plaintiff suffered a closed head trauma that resolved with relatively moderate deficits, multiple fractures, including a non-displaced cervical fracture, a shoulder fracture, a humeral fracture, multiple rib fractures, a hip fracture and leg fractures.

Defendant driver crossed the center line Plaintiff suffered a closed head trauma that resolved with relatively moderate deficits, multiple fractures, including a non-displaced cervical fracture, a shoulder fracture, a humeral fracture, multiple rib fractures, a hip fracture and leg fractures.

Jose Lopez was injured on Oct. 31, 2015, as he was working at a condominium construction site in Jersey City, NJ. Jose fell from scaffolding about 15 feet and sustained a broken right arm and lumbar disc herniations that required fusion. He also, sustained a tear in the labrum of his right shoulder that required surgery. Dinallo, the general contractor and Lopez’s employer, failed to provide proper safety measures to prevent falling, settling in the amount of $1,000,000

Jose Lopez was injured on Oct. 31, 2015, as he was working at a condominium construction site in Jersey City, NJ. Jose fell from scaffolding about 15 feet and sustained a broken right arm and lumbar disc herniations that required fusion. He also, sustained a tear in the labrum of his right shoulder that required surgery. Dinallo, the general contractor and Lopez’s employer, failed to provide proper safety measures to prevent falling, settling in the amount of $1,000,000

Plaintiff fell from unsecured ladder while fixing a sign. Multiple ankle surgeries.

Ginarte Law Firm obtained a $1,000,000.00 settlement on behalf of client.

The Ginarte Law Firm obtained a recovery in the amount of $1,000.000.00 for a client who slipped and fell due to extensive ice throughout the sidewalk abutting a commercial property. The client lost her balance and forcefully fell on the sidewalk twisting her right ankle and leg awkwardly. She underwent open reduction internal fixation surgery resulting in significant and permanent scaring, loss of mobility and function, and continues to have discomfort and limitations due the incident on a daily basis.

The Ginarte Law Firm won a settlement for the family of Elva Carrasco in the amount of $990,000 in the Urbina v. R&J Express Trucking case. Elva Carrasco was run over by a tractor trailer while crossing within the crosswalk on McCarter Highway at Bridge Street. Reliable Wood Products of Jersey City, who was held responsible for the insurance, agreed to pay $990,000 on its $1,000,000 policy states Ginarte Law Firm.

Ginarte Law Firm obtained a $982,500.00 settlement on behalf of Jose Cardenas in OSE CARDENAS v. 111-27 CABRINI APARTMENTS CORP.

Mr. Cardenas suffered a serious fall after the supporting bracket of the A-Frame ladder he was using to paint a ceiling snapped. The dangerous and defective condition that existed in that ladder was in violation of several industrial codes. As a result of the employer’s negligence, the Plaintiff suffered numerous serious injuries including a hip fracture, a left femur fracture, left knee injury, and several disc bugles and deformations. Additionally Mr. Cardenas underwent several surgeries and extensive medical treatment.

 Plaintiff was injured on June 23, 2016. Plaintiff was walking down Broadway intending to cross over at the intersection when he was struck while completely within the crosswalk and proceeding with the right-of-way. As a result of the collision, plaintiff sustained serious injuries to his hip and elbow resulting in surgery.

Ginarte obtained a recovery of $950,000 in Union County on behalf of a man who contended that defendant driver struck him from the rear as he was slowing down to make a right hand turn. The plaintiff had sustained several lumbar herniations and a cervical herniation in a motor vehicle accident approximately three and a-half years earlier. The plaintiff maintained that after treatment, including lumbar epidural injections, he was discharged from medical care with “remarkable relief” noted in the records approximately two years before the subject accident. The plaintiff contended that this accident occasioned a significant aggravation of the lumbar herniations and new lumbar herniations, ultimately necessitating lumbar fusion surgery. The defendant denied that the plaintiff’s claims should be accepted.

 Mr. Luis Peralta was injured on November 11, 2014. While walking to work he was struck by a vehicle turning left.
Surgeries—Cervical spine, neck (2)

 Construction worker slipped and fell down from ceiling with no harness. He required a lumbar surgery. Steven Payne Esq. settled case for $900,000.00

 Ginarte Law Firm obtained a $900,000.00 settlement on behalf of Walter Cabrera in Walter Cabrera v. 240 VE, LLC.

In May of 2011, Mr. Cabrera fell several feet off a scaffold after his employer failed to properly inspect the scaffold and ladder to see that they were safe and proper. As a result of the accident the Plaintiff suffered serious injuries to his left knee, right wrist, and right elbow. He underwent extensive medical treatment and was unable to perform the duties and requirements of his job and sustained loss of wages and benefits. Luckily, Steven Payne, Esq. was able to work fast to come to a resolution for the client.

Construction worker fell from ladder while removing planks from a ceiling. Fractured calcaneus.

A Bergen County jury awarded $778,500 to a woman who fell on her apartment complex steps, but she will recover $389,250, because she was found 50 percent liable.

On June 22, 2007, Carol Radzikowski was walking from her apartment at the Hillside Village Apartments in Hillside to the parking lot, when she tripped and fell on an exterior stairway.

Her attorneys, Ginarte Gonzalez Winograd L.L.P., in Newark, blamed improperly placed guardrails that diminished the width of the steps, poor lighting, and shrubbery that grew over the steps.

Radzikowski, who suffered a bimal-leolar ankle fracture that required open reduction surgery, sued the apartment complex for negligence.

Defense attorney, Richard Tango, of McDermott & McGee in Millburn did not return a call, but Ginarte says, “the complex denied negligence and argued that it was not on notice of a dangerous condition.” He adds, “the defense noted that Radzikowski had been up and down the steps hours before the accident, was carrying two bags at the time, and had made a good recovery. The defense asked that the jury consider her negligence as the cause of her fall.”

On Jan. 31, the jury awarded $778,500 and apportioned comparative liability of 50 percent to each party, so the recovery was molded to $389,250.

Superior Court Judge, Honorable Menelaos Toskos presided at trial.

— By Jon Steiger

Construction worker fell from scaffold. Fractured ankle with multiple surgeries.

Mr. Ramirez was violently and forcefully struck by a vehicle that failed to yield the right of way while he was crossing the street on foot in the winter of 2017. Mr. Ramirez sustained multiple serious injuries that left permanent and painful damages including leg fractures, broken ribs, broken pelvis in two places, shattered left elbow, and life threatening internal damage. Mr. Ramirez required several surgeries. In a case where liability was heavily disputed our client was very satisfied with the result.

Steven Payne, Esq. announced a settlement in the amount of $750,000 for Mr. Gonzalez who suffered an accident in the workplace. Mr. Gonzalez worked for a maintenance company that sent him into a building to finish cleaning the lobby, as he got into the elevator, the doors closed, and the chains snapped and fell to the basement. Mr. Gonzalez suffered injuries in the back, neck, head, left leg, and suffered from post-traumatic stress disorder.

This case involved a worker who was replacing a staircase which collapsed. The gentleman sustained significant injuries including a subarachnoid hemorrhage, traumatic brain injury, loss of hearing, blurry and neuropsychological impairment. The case settled for $750,000.00.

The Star-Ledger Thursday, AUG. 17, 1995 FINAL EDITION After several operations, child regains the looks lost in accident By KINGA BORONDY Yerica Febus got better. She said so yesterday after visiting the room in the children’s ward of Newark’s University Hospital, where she spent 11 days after an accident last October in which the left side of her face was scraped to the bone. She spent many more days there in the following months while plastic surgeons reconstructed her face. “I got better,” she said happily in the hallway and the playroom where her doctors – Anthony Berlet, Allen Rosen, and Bill Kivett – gathered to explain the procedures they had used to make Yerica a pretty little 6-year-old again. “When she came in, it looked like her scalp had been sanded off,” Berlet said. The girl was in shock, and had lost the skin from the left side of her head, from the cheeks to behind the hairline, and her left ear had been torn from her scalp. Her attorney, Joseph Ginarte of Newark, said Yerica was 5 when she was struck by a van as she crossed the street with her father. Her head had been trapped in the tire well of the vehicle, and she was dragged several feet before the driver was able to stop. “I wasn’t there,” said her mother, Bethzaida Seguinot. “By the time I heard, she was already in the hospital. ‘I thought the worst. It hurt to see her with so many tubes, So many machines, so much blood. I only wanted her to get better, to live.’ – Bethzaida Seguinot, Yerica’s mother – No one said anything to me about what had happened until I arrived. “But I thought the worst. At first, I thought both my children were dead,” Seguinot said. Reality was a little better. Her son, Victor, 8 years old, who was also with his father that day, was unharmed. Doctors started working immediately. “Her injuries were not life-threatening, but they were quite traumatic,” Berlet said. Four days after the accident, when she had been stabilized and her ear had been reattached, the team of surgeons removed a muscle and a small flap of skin from Yerica’s back, and attached it to her head and neck. They took another skin graft from her thigh to cover the muscle. When the graft had healed, doctors placed a balloon, called a tissue expander, under the graft, and filled it slowly with salt water. “The expander stretches the tissue,” Berlet said, explaining that after the flesh expanded, the balloon was cut out and the skin was positioned to give the girl a natural hairline. “Last week, we cut it out,” Berlet said. He lifted Yerica’s dark curly hair away from her face and said there will be more operations, designed to minimize the scarring. One operation will remove the skin grafted to her cheek from her back, and replace it with skin that matches the lighter tone of her face. Yerica grimaced as the doctor pulled the curls away from her face; she wrinkled her nose and shut her eyes, but she didn’t pull away

Ginarte obtained a recovery of $750,000 in Essex County on behalf of a man who sustained an aggravation injury to his lower back after being rear-ended by a commercial van. It was alleged in this case that the accident aggravated a pre-existing disc herniation and disc bulge sustained in a separate accident three months prior. As a result of the accident the plaintiff underwent fusion surgery as well as additional surgeries including installation of spinal stimulator.

bus rear-ends plaintiff’s car. Plaintiff needed knee replacement surgery. This plaintiff further contended that the altered gait caused by the aggravation of the knee injury led to the need for a total hip replacement.

Client was inside train unloading 50 lbs. sacks of rice. A pallet of rice toppled over, crushing the client.

Client was installing a water tank and fell crushing right foot. Client was being hoisted out of a manhole standing on a chain. Client fell on chain and back into manhole.

Fall from scaffold. Bilateral wrist fractures with surgery.

Plaintiff fell from unsecured ladder while installing awning. Fractured calcaneus requiring surgery.

Plaintiff fell from unsecured ladder while removing asbestos. Wrist fracture with malalignment. She required two ORIFs, as well as carpal tunnel surgery.

The client was injured on January 2nd, 2013. He was hammering in a cement/concrete nail with a hammer when the nail head broke off and struck him in the right eye. The client has had a total of 4 eye surgeries since the accident including a corneal transplant in 2013.

On March 24, 2015 our client was hit in the face with a tape measure. The tape measurer hit his hard hat at first then struck his nose.  Our client had to undergo two surgeries to his nose and a neck surgery. Steven Payne, Esq. obtained settlement of $650,000 for client in May 2017.

Berquis Rodrigues was in on July 1, 2012 at an Amazing Savings Store when she took the escalator and when she stepped off, came up to a rug which was raised up where she tripped and fell sustaining injury to her right knee. Berquis need to have arthroscopic knee surgery done which eventually led to having a knee replacement.

Fractured wrist with surgery. Client was injured when a beam fell on him during construction.

Ginarte Law Firm obtained a $600,00.00 settlement on behalf of Mariano Simota in MARIANO SIMOTA BAILEY VS. HENNESSY, ET AL.

Mr. Simota was violently and forcefully struck by a vehicle that failed to yield the right of way while he was riding his bike in the summer of 2014. Mr. Simota sustained multiple serious injuries that left permanent and painful damages including facial fractures, traumatic brain injury, and complete paralysis of several cranial nerves.

Construction worker sustained severed nerves and artery in his wrist from a defective grinder.

28 year-old laborer sustained injury to his eye while using a cutting machine at work which required surgical repair.

Ginarte obtained a recovery of $575,000 in Union County for an infant plaintiff, age 7 at the time of settlement, who suffered lead poisoning after being repeatedly exposed to peeling and chipping lead paint on defendant’s property. The parents of the infant had complained to the owner of the property many times before, especially after seeing a paint chip in the infant’s mouth. The child’s levels were more than 4 times the upper normal limits, requiring chelation therapy.

A demolition worker injured his back when a truck driver hit the dumpster in which he was piling debris. Steven Payne Esq. settled case for $575,000.00.

Gerardo was working with Pizzaria for 15 yrs, preparing pizza. He developed chest discomfort, coughing in 2006. After visiting a lung specialist and having a biopsy done they informed him he had a yeast in his lungs.

Construction worker sustained crush injuries from falling pipe.

On March 8, 2013 our client was performing maintenance work for a warehouse. While replacing slats on a bay door a sectional door opened that was resting on his ladder, causing him to fall from a height of about 13-15 feet. One of his coworkers had opened the sectional door for a truck driver honking to get inside. Our client fell due to the sectional doors opening. As a result he suffered severe injuries to his leg and underwent surgery on his left ankle.

Due to the negligence of the company, attorney Steven Payne was able to argue that an employee disregarded prior warnings to open the sectional door was the direct cause of our client’s injuries. The Ginarte team fought hard for this case and it settled in April 2017 for $550,000.

Client was a Health Aid traveling in an ambulette van injured from a motor vehicle accident. Client’s shoulder required two surgeries. The Ginarte Law Firm settled case for $535,000.

Fall from unsecured ladder at construction site. Fractured skull and moderate cognitive deficits – Vertigo

A loaded garbage container was caused to fall from a dump truck onto the 26 year-old plaintiff’s right foot at a construction site, he sustained an ankle fracture requiring ORIF surgery and a subsequent hardware removal procedure before returning to work.

New Jersey Law Journal Suits & Deals 20 Personal Injury Awards of the Year Worker Whose Fingers were Severed by Punch Press Receives $490,000 Hernandez v. Topco Inc.: A factory worker who lost two fingers in an industrial accident received $490,000 on Aug. 15 to settle her Union County suit. Arelis Hernandez, now 30 years old, of Elizabeth, claims she was retrieving a piece of trimmed metal from a punch press at Topco, Inc. in Elizabeth on June 13, 2003, when the cutting die descended unexpectedly. The accident severed the index and the middle finger of her left hand. Her attorney, Richard Winograd, of Ginarte Gonzalez Winograd L.L.P., in Newark, says Topco’s in-house mechanic said the punch press was supposed to have been sidelined for repairs. “The die that trims the metal sometimes came down more than once, partly because of the installation of a replacement valve not meant for the machine,” Richard Winograd says. Hernandez sued under Laidlow v. Hariton Machinery Co Inc. 170 N.J.602 (2002), which permits workers to recover from employers who know death or injury is likely from workplace conditions. Topco paid $465,000. The valve maker, SMC Pneumatics of Indianapolis, who allegedly should have indicated in its packaging and literature the valve was not suitable for punch presses, paid $25,000.Topco’s lawyer, John Sawicki of Stevens & Schwab in Secaucus, and SMC’s lawyer, Michael Muscio of Muscio & Kaplan in Denville, did not return calls.

The client was awarded $475,000.00 as a result of an automobile accident. The client was 38 at the time of the accident. Mr. Villani alleged the accident caused herniations to his cervical spine which required him to eventually undergo a cervical discectomy and fusion.

Plaintiff, Caritza Soler-Torres, was exiting a store in Newark, New Jersey when she fell due to excessive variation in risers and uniformity in color between sidewalk and stair tread. Ms. Soler-Torres suffered a right ankle trimalleolar fracture necessitating open reduction internal fixation surgery with a metal plate, K-wiring and four (4) screws as a result of her fall.

The client was awarded $421,537.92 for a Slip and Fall accident that occurred on defendant’s property. Plaintiff alleged that defendant maintained the subject property in a negligent manner which lead to the formation of ice. As a result of the fall, the plaintiff was diagnosed with multiple herniations to his cervical and lumbar spine. He was also diagnosed with Closed head injury with post-traumatic headaches and Post-traumatic dizziness secondary to head injury.

Client was inserting potatoes into a potato peeling machine. Their hand became caught in the machine requiring an amputation of the right thumb.

Ginarte obtained a recovery of $400,000 in New Jersey Federal Court for an undocumented worker, who fell at a factory due to a drain cover that had not been secured properly. The worker had been in the defendant’s plant doing asbestos clean-up with his employer for at least one month prior to the incident. The worker sustained an Achilles tendon rupture necessitating surgical repair, and resulted in scarring.

Bradley Lawrence, Esq. obtained a recovery in the amount of $400,000.00 for a client who was caused to trip and fall due to a sunken manhole cover while she went for a walk in April of 2014. The client, Ms. Cruz, lost her balance and forcefully fell fracturing her right femur and hip. She underwent surgery resulting in significant and permanent scaring, loss of mobility and function, and continues to have discomfort and limitations due the incident on a daily basis.

Involved a fall down stairs leading from the sidewalk to a cellar. Fractures to the right arm which necessitated and open reduction and internal fixation with plates and screws.

a pedestrian who stepped into the street and was struck by a Van trying to Parallel Park into a space. Client had an ankle fracture and two years later underwent an arthroscopic surgery.

Torn meniscus with surgery. Client fell from a ladder while painting.

A roofer fell from scaffold, obtaining injuries on shoulder. Steven Payne Esq. settled case for $375,000.00.

A construction worker sustained a tear in ACL when struck by falling barrel of nails. Steven Payne Esq. settled case for $375,000.00.

Luis Arevalo was injured on May 20, 2015, while carrying a 400 lb. rock onto a roof. As Luis and his coworker attempted to get off of the roof, his coworker could not control his side and the rock began to fall. Luis took on the opposite side and he began to struggle holding the rock back from falling. It fell back onto his legs where it landed on top of him while flat on his back.

Settlement obtained for group of employees, who claimed they were the victim of national origin discrimination.

Client was injured on January 11, 2015. The client was screwing sheetrock in a bedroom closet using an “A” frame ladder, the ladder was missing feet. He fell from the unstable, unsecured ladder, fracturing his left wrist.

Scaffold collapse. The plaintiff suffered a fractured coccyx as well as a medial meniscus tear and rotator cuff tear that were treated by way of arthroscopic surgery

Christopher Iavarone, Esq. obtained a settlement in the amount of $350,000.00 in the matter of Luis Ramirez (dec’d) on behalf of the administrator of the estate, his wife. Mr. Ramirez died of blunt head trauma in a work accident after someone turned on the machine where he was working. The Plaintiff’s damages were caused by the negligence, carelessness, and lack of due care on the part of the Defendant. As a result, Mr. Ramirez was caused to sustain great pain and suffering from the onset of this accident until his death thereafter. He is survived by his wife and child.

Settled during mediation on July 22, 2016. Client was a 26 year old carpenter who was injured during the superstructure phase of construction of a large office building in Brooklyn in November of 2013. He was standing on an elevated platform when he was caused to fall, injuring his right leg and ankle. Client had not been provided with adequate fall protective devices by the owner and contractor. As a result of this fall, he suffered a tibia/fibula fracture and an ankle fracture. The lower leg was casted and the ankle was repaired surgically.

Demolition worker fell from ladder and sustained fractured left scapula and shoulder tear. He underwent surgery to correct the problems.

construction worker fell from an elevated work platform while putting up a circus tent. He fractured his wrist which required surgery.

Client was working as a mason installing slab on pedestal in patio without safety goggles and sustained ruptured globe on left eye from broken leveler. Steven Payne Esq. settled $325,000.

Plaintiff was completing a delivery of a refrigerator. He placed fridge on a huge hand truck and strapped it in place. The elevator operator hit up button while the refrigerator is still only half way in the elevator. As the elevator is going up the refrigerator tilts back and pins the client against a wall, causing the plaintiff to get injured. Plaintiff began to tap on box of refrigerator to alert operator that he was in trouble because he could not speak due to being crushed by refrigerator box. The elevator was causing the refrigerator to tilt backwards toward client. The plaintiff sustained injuries to the neck, throat, back, right wrist, left side of head.

A construction worker sustained a fractured wrist from a scaffold. Michael Edelman Esq. settled case for $325,000.

Client was walking to work, while crossing the street they were struck by a vehicle. It was proven the vehicle ran a stop sign.

Mr. Hector Garcia was injured on November 7, 2013. He was doing construction work on the hallway of a new building, where he slipped and fell on wet cement while on stilts striking his right knee. Hector sustained serious injuries to his right knee, requiring two surgeries.

Construction worker tripped over rebar at construction site. ACL Repair.

42 year-old carpenter fell from a ladder while working at construction project sustaining a shoulder injury that required arthroscopic surgery.

The Ginarte law firm won a settlement of $300,000 in a NY Auto accident case. At a summary jury trial the issue was whether the plaintiff suffered a serious injury under New York Insurance Law § 5104, and if so, the amount of damages he suffered. The plaintiff was 24 years old on the date of the accident. He suffered disc herniations and bulges in his neck and lower back. After a $9,000.00 offer, the jury found that he suffered permanent limitations as a result of the accident and after only being offered $9,000, returned a verdict of $300,000.

Christopher Iavarone, Esq. obtained a recovery in the amount of $290,000.00 for Martha Sanchez in a New Jersey Workers’ Compensation case. In the spring of 2019 the claimant tripped over a rug and fell on a hardwood floor while vacuuming during the course of her employment. She also hit her head on a desk. As a result she sustained injuries to her left arm, left leg, left hip, back, and head requiring treatment and a period for recovery. Mr. Iavarone overcame an issue of proving wages and secured a big settlement. The claimant is very happy with the results.

Pedestrian walking into street mid-block struck by car. Sustained fractured rib, nose and clavicle. Defense argued liability.

Plaintiff fractured ankle while walking down stairs which required surgery. Defense attorneys argued no liability as stairs in good working condition.

Ginarte settled a construction site accident for $270,000.00. In this matter, plaintiff – a landscaper – fell off a ladder while attempting to fill a tank of water to water shrubs previously planted and fractured his ankle. As a result of the injury, plaintiff underwent a surgical procedure where hardware was implanted.

The difficulty with this case was that the general contractor alleged that the construction at the site had concluded when the accident had occurred. Thus, it was argued that the general contractor did not have a duty to provide plaintiff with a safe work environment since plaintiff was no longer working for the general contractor.

All parties agreed that while the construction was going on, plaintiff’s duty at the site was to plant shrubs. All parties also agreed that plaintiff was performing the “warranty” portion of his work when the accident occurred. In other words, plaintiff’s employer had provided a warranty to defendant and the defendant property owner that the shrubs planted would survive for at least one year.

Defendants also argued that plaintiff was responsible for the accident. It was alleged that plaintiff used a ladder he should have known was broken.

Ginarte was able to secure evidence suggesting that the defendants knew of the unsafe ladder and the use of that ladder at the construction site before the accident had occurred. Ginarte argued that OSHA regulations required the removal of the ladder from the work site. Ginarte also secured evidence that the defendant was aware of the plaintiff’s presence on the site on the date of the accident.

On April 27, 2013 Juan Astudillo was installing windows when the ladder that he was standing on gave way causing him to fall sustaining multiple fractures including skull fracture, fracture of both wrists, internal bleeding and total loss of vision to one eye.

Ginarte recovered a $251,000.00 settlement for his client who was involved in an automobile accident. Plaintiff suffered a herniated disc which ultimately required him to undergo a discectomy. Defendant argued that plaintiff’s alleged injury was not caused by the accident. To support this argument, defendant emphasized the fact that plaintiff did not see a doctor for at least 3 months after the accident. The matter settled at mediation with a retired judge.

Plaintiff was a pedestrian struck by a car while stepping off a curb. Plaintiff a 69 year-old male sustained fracture to his ankle with no surgery.

The client was injured on January 14, 2015. Valios was on an 8 foot aluminum A-frame ladder, trying to install sheetrock when a co-worker let go of his slack. He was standing on the last rung of the ladder, the piece of sheetrock came down, and hit the client causing him to fall off the ladder and was diagnosed with a distal radial fracture of the left wrist.

A motor vehicle accident when plaintiff’s car was side swiped by another motor vehicle coming into his lane. Defendant claimed plaintiff came into his lane and caused the accident. Client underwent surgery to both knees and shoulder. Obtained settlement for full amount of the defendants policy.

The client was awarded $250,000 for an accident in which she, as a pedestrian, was struck by an automobile. The plaintiff was diagnosed with 1. Cervical/Sciatic Radiculitis; 2. Right Knee Derangement; 3. Left Shoulder Derangement; 4. Disc Bulging C2-C3, C3-C4, C4-C5, C5-C6, C7 and L5-S1; 5. Disc Herniation L3-L4 and L4-L5; and 6. Medial meniscus tear.

A construction worker sustained back injuries from a fall from an unsecured ladder. Michael Edelman settled case for $250,000.00.

Ginarte obtained a recovery of $247,500 in Hudson County for a man who sustained a fractured right leg, necessitating surgery after a chain link fence fell on him, while at work performing his job duties as a security guard.

44 year-old construction worker was performing plastering work on a ceiling while positioned on a scaffold which suddenly moved causing him to fall 8 feet to the ground below. Mr. Bonano suffered injuries to his left shoulder, neck and back and required a rotator cuff repair surgery for his left shoulder.

Client was a passenger in a car that struck by another motor vehicle that ran a stop sign. The accident took place in Suffolk County. Plaintiff a 69 year-old female sustained a fractured wrist for which she underwent surgery.

Ginarte obtained a recovery of $230,000 for a woman, who slipped on a wet floor in her employer’s bathroom that had recently been cleaned by third party janitorial service. It was alleged that there were no warning signs to indicate that the floor had been recently cleaned and was wet. Plaintiff sustained some loss of hearing in her left ear after falling on her left side and a disc herniation.

Plaintiff was involved in a motor vehicle accident when her car was struck in the rear. As a result of the accident, plaintiff alleged she herniated a disc to her lumbar spine which required a microdiscectomy to treat. Plaintiff had pre-existing issues with her lumbar spine prior to the motor vehicle accident for which she was treating for.

54 year-old laborer was caused to fall from a ladder while painting an apartment under renovation. In an attempt to prevent his fall he extended his left arm outwards which crashed through a glass window. He sustained a significant laceration from the glass which severed an artery and required emergency medical treatment and a repair surgical procedure.

Defendant made illegal turn into plaintiff’s car. Plaintiff suffered herniation at L4-5 and L5-S-1 resulting in fusion surgery.

Plaintiff fell from unsecured ladder while painting. Shoulder injury requiring surgery.

Wrist fracture with surgery. Client was in a motor vehicle accident.

Ginarte obtained a recovery of $210,000 in Ocean County against a day care center tenant and property owner for a woman, who slipped and fell on an icy sidewalk at a mini strip mall building, while picking up niece and nephew from day care center. The woman sustained a fractured ankle necessitating surgery. The plaintiff’s engineer maintained that the structure was defective and dangerous, because the slant of the roof was such that water or snow would frequently fall onto the edge of the sidewalk, creating a slipping hazard upon freezing temperatures. The plaintiff also contended that the defendant day care center was aware of the danger, and that although several inches of snow had fallen several days earlier, it had not put down salt or other chemicals as it had done in the past.

Client was a passenger of a van, carrying 12 co-workers on their way back from work. Driver of the van lost control and flipped the van over several times. Client suffered a broken clavicle with surgery and a dislocated pelvis.

Herniated lumbar disc. Client tripped and fell in pot hole of a driveway.

Our client was atop a 6 foot aluminum ladder placing sheetrock in an old ceiling panel. While conducting this work a bracket broke off the ladder causing him to fall. The bracket supported the ladder in the middle and caused the ladder to collapse. Our client was rushed to the hospital where he underwent surgery for a fractured wrist. This incident has severely affected our client’s future work life due to constant pain in his wrist. Fortunately, Steven Payne, Esq. was able to reach a settlement of $200,000 for our client, arguing that the developers of the construction were negligent in maintaining safe equipment for workers to use.

Settlement obtained for a law enforcement officer, who alleged he was the victim of racial harassment in the workplace.

Settlement obtained for a group of four employees alleging they were the victim of a racially hostile work environment.

Rear end auto accident. Plaintiff sustained a tear to the anterior cruciate ligament and rotator cuff tear.

Rear end auto accident. Spinal fusion

Ginarte recovered a $200,000.00 settlement for his client who was involved in a fall down accident on snow and ice. The defendant argued that it was in the process of clearing the area of snow and ice at the time of the accident. Additionally, the defendant argued that the snow and ice that plaintiff slipped on was sufficiently obvious that plaintiff should have acted reasonably and avoided the area. In other words, plaintiff voluntarily assumed the risk. Plaintiff’s injury was a quadriceps tear with a surgical repair.

Ginarte recovered a $200,000.00 settlement for his client who was involved in a fall down accident in her apartment. Plaintiff tripped over a broken tile. Plaintiff did not seek any medical attention for approximately 7 days. However, because of continuing pain, she eventually went to the emergency room where she was diagnosed with a fractured hip. The defendant argued that there was no “notice” of the condition and therefore, there was no way the defendant could have repaired the tile. Ginarte was able to find witnesses and presented evidence which showed the defendant did know of the dangerous condition and failed to address it.

Ginarte recovered a $198,000.00 settlement for his client who was involved in a motor vehicle accident. This case involved two accidents several months apart. Following each accident, the plaintiff was taken to the emergency room. The plaintiff was still treating for her injuries at the time of the second accident. Both defendants pointed the finger at each other arguing that other’s accident caused the most severe injuries. Ginarte retained an expert that compared the diagnostic studies and assigned percentages as to which accident caused which injuries. As a result of plaintiff’s injuries from both accident, she underwent a discectomy.

Ginarte was able to settle his client’s personal injury claim for $180,000.00. His client tripped over a raised sidewalk in front of a business premises. The defendant argued that the plaintiff was negligent in not observing an open and obvious defect. Defendant also argued that the defect was caused by a tree planted by the City of Newark. As a result of the accident, the client non-displaced fractured to a vertebra. There was no surgery and minimal therapy. The fracture appeared to have healed well.

Plaintiff was caused to slip and fall on water on the sidewalk that was dripping from an awning. Plaintiff a 61 year-old female sustained a fractured wrist which required surgery.

The client suffered a fractured ankle requiring surgery. Plaintiff alleged that ice on defendants’ property caused her to fall and injure herself. The defendants argued that there was a continuing storm at the time of the accident, and thus, there was no duty on the part of the defendants to shovel and ice their sidewalks during the actual storm. Ginarte produced an expert who opined that certain preventative actions could have prevented the fall.

On August 2nd, 2016, Mario Gonzalez was working removing the roof from a school and while attempting to climb the roof from the dump truck, he lost his balance and fell from 15 feet. Air lifted to the hospital, fracturing his right arm, 5 broken ribs and collapsed lungs.

Ginarte obtained a recovery of $167,500 in Hudson County for a man who sustained lacerations to his right wrist, which resulted in scarring after being cut by broken glass from a window. The plaintiff resided in the apartment, where the accident occurred, and had previously complained to the property owner, who also resided in the building about the dangerous condition of the window.

Client was driving employers van when they were rear-ended. Client underwent a lumbar discectomy.

Client was passenger in a vehicle involved in a rear-end collision.

Ginarte recovered a $155,000.00 settlement for his client who was involved in a fall down accident. Plaintiff fell when she was exiting her apartment building. The fall occurred steps before the exit door. Ginarte retained an expert who stated that defendant’s floor mats were not placed appropriately and were not the adequate size, thus creating a situation where the floor would become slippery anytime there was a storm. As a result of the accident, plaintiff suffered a fracture to her wrist.

Auto accident involving a 60 year old woman. As a result of the accident, she alleged a herniation to her cervical spine which required an anterior cervical endoscopic discectomy.

On December 3rd, 2013 Santos Chicas was lifting a steal beam with coworker when it got loose causing injury to right shoulder requiring surgery.

Plaintiff was caused to slip and fall on snow on the sidewalk. Defendants claimed snow in progress as it had just stopped snowing prior to her fall. As a result of the accident Plaintiff sustained a fractured wrist which required surgery.

Plaintiff was a passenger in her husband’s car when it was struck in the rear. Plaintiff claimed she sustained herniation’s to her cervical spine. Plaintiff eventually underwent a microdiscectomy to treat her injuries. Plaintiff had been treating for cervical spine injuries prior to the motor vehicle accident.

Ginarte recovered $150,000.00 on behalf of the estate of a man killed in a truck accident. The case presented numerous difficulties based on the Wrongful Death Statute in New Jersey. In particular, there was no evidence of any conscious pain and suffering. Furthermore, the decedent was a 26 year old single man with no children. The decedent did not provide any financial support to any family members. Ginarte was able to successfully argue that although the decedent did not provide monetary support to his family, he did provide other “services” which had monetary value – such as babysitting, security, and general household repairs.

The client was awarded $150,000 for emotional damages. Mr. Villani alleged that the defendant business negligently hired and supervised an employee who made unwanted advances to a disabled minor. The client, now an adult, underwent 5 months of mental therapy.

Client was stopped in traffic when they were rear-ended. Client suffered lumbar tear with herniation.

Ginarte obtained a recovery of $150,000.00 in Union County for a woman who was a passenger in a vehicle, where the driver lost control, and struck a utility pole. The plaintiff sustained a left elbow fracture.

Ginarte obtained a recovery of $150,000 in Essex County for an undocumented man after being hit by defendant driver, who made a left turn into parking lot as inebriated plaintiff was walking on sidewalk. The plaintiff sustained a cervical herniation necessitating fusion surgery. Ginarte was able to successfully represent the plaintiff, although, the plaintiff acknowledged to the responding police officer that he had consumed 8 beers prior to the accident.

Auto accident where plaintiff and defendant had diametrically opposed versions of how the accident occurred. Both parties accused each other of causing the accident. As a result of the accident, plaintiff alleged she herniated a disc to her lumbar spine which required a microdiscectomy to treat.

An automobile accident case where plaintiff alleged multiple injuries to her neck, back, shoulder and knee. Plaintiff underwent a knee surgery nearly four years after the accident and defendant claimed the treatment was not related to the accident.

Client was driving when struck by another vehicle who ran a red light. Client suffered a cervical herniation and received epidural injections.

A slip and fall accident where plaintiff fell at an apartment complex. Plaintiff alleged a fracture to her wrist as a result of the accident. Defendant argued that the snowy and icy conditions were open and obvious and that plaintiff should have taken an alternate route to leaving her apartment.

Plaintiff a truck driver was hit in the rear by another motor vehicle. Plaintiff claimed injuries to his left shoulder as a result of the accident. Plaintiff eventually underwent left shoulder surgery.

Plaintiff fell down the stairs at a bar/lounge and suffered a fracture to her shoulder. The defendants’ vigorously denied any wrongdoing. Defendants’ had produced expert reports showing their stairs were in compliance with all government and city codes and regulations. The defendants’ expert also attributed the entire fault of the accident on plaintiff.

Ginarte argued that even if the defendants’ property was “up-to-code”, the property should have been safer given the nature of the defendants’ business. Additionally, Ginarte was able to put forth evidence that the defendants’ procedure for admitting patrons into their place of business caused patrons to descend down stairs in a dangerous manner. The stair case at issue had only one hand railing. The hand-railing was on the right side of the stair case. However, because of the way defendants’ security guards were positioned, patrons were forced to descend down the stairs on the left. Thus, nullifying any safety benefits of a hand-railing.

The matter was arbitrated at the Superior Court of New Jersey. Ginarte rejected the arbitration award and moved to proceed to trial. However, prior to trial, Ginarte was able to recover $130,000.00 on behalf of the plaintiff. This amount was greater than the Superior Court arbitration award.

Segundo Alejandro was working on a home for J&J Framing, LLC., when he fell off a ladder approximately 15 feet to the ground suffering a brain hemorrhage and spinal fractures.

A car accident. There was a dispute in liability. Client underwent a right knee arthroscopy.

Plaintiff was riding his bicycle when a car opened their door and struck him. Plaintiff claimed injuries to his shoulder. Two years after the accident plaintiff eventually had surgery.

A slip and fall accident on ice. Defendant argued that the proximate cause of the accident was plaintiff’s own negligence in walking on the sidewalk with worn out house slippers during a snow storm. Plaintiff suffered an ankle fracture.

Ginarte recovered a $125,000.00 settlement for his client who was involved in a motor vehicle accident. Plaintiff’s vehicle was struck in the rear by defendant’s vehicle. However, there was evidence presented that the plaintiff’s vehicle was disabled in the middle of a highway, with no lights activated. The police reported that plaintiff ran out of gas. Therefore, defendant argued that: 1. plaintiff was at fault for negligently operating her vehicle to the point where it would run out of gas on the highway; 2. not moving her vehicle to the shoulder when the vehicle ran out of gas; and 3. failing to put her hazard lights on. Following the accident, plaintiff went to the emergency room and was diagnosed with a fractured clavicle.

Ginarte hired an accident reconstruction expert who reconstructed the accident and determined that even if everything the defendant argued was true, the defendant should have been able to see the plaintiff’s vehicle in a sufficient amount of time to avoid the accident, had he not been speeding.

Client was a passenger of a multi-vehicle accident. Client underwent a cervical discectomy.

$115,000 PRESUIT RECOVERY, INCLUDING $70,000 FROM COMMERCIAL PIZZERIA TENANT AND $45,000 FROM SNOW REMOVAL CONTRACTOR
Slip and fall on ice several days after precipitation – Plaintiff contends no salt applied and melting/refreezing occurs, causing sheet of ice on which plaintiff slipped and fell – Fracture of dominant ulna – Surgery – No income claims

Bergen County, NJ

The plaintiff, 47 at the time, contended that he slipped and fell on a sheet of ice on the sidewalk abutting a pizzeria The plaintiff also named the snow removal contractor.
The defendants maintained that the snow and ice was properly removed after the last storm and denied notice.
The plaintiff countered that the contractor failed to apply salt or other chemicals, resulting in thawing and refreezing.
The plaintiff suffered a fracture to the ulna on the dominant side. The plaintiff maintained that he will suffer pain and limitations permanently despite an open reduction and internal fixation.
The plaintiff made no income claims.
The case settled prior to the institution for $115,000, including $70,000 from the commercial tenant and $45,000 from the snow removal contractor. The case settled before the plaintiff obtained a liability expert.

by Brian Kessler at Jury Verdict Review

REFERENCE

Branco vs. D&R Original Pizza, et als., 03-00-15.

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