Miller, Montiel & Strano

Verdicts & Settlements

Case Results

$4.5 Mil

CONSTRUCTION WORKER STRUCK BY FALLING STEEL FROM MACHINE

Our client was directed to dismantle a large machine on defendant’s premises. The machine was not supplied with any safety devices. Our client was not supplied with any safety or dismantling instructions. In the process of dismantling the equipment, a large piece of the machine dislodged from same falling from above our client onto him. As a result, he sustained a guillotine type injury to his right leg resulting in a below knee amputation. Defendants claimed they were not responsible for the incident because our client was an experienced construction worker familiar with dismantling machinery. Our challenge was to prove our client was entitled to the protections of the New York State Labor Law. Ultimately, through discovery, we prevailed, resulting in substantial compensation for our client.

$3.5 Mil

WORKER STRUCK WITH LOAD FALLING FROM DOLLY

Our client was stationed in a freight elevator and was directed to stack heavy crates along the walls of the elevator. The crates were delivered on dollies pushed by co-employees. As our client was facing the back of the elevator stacking the crates, the wheels of one of the dollies went into a depression in the floor while being pushed by our client’s co-employee. When the dolly struck the depression, the five crates on the dolly fell striking our client on his back. As a result of the incident, our client sustained herniated discs in his neck and lower back. He was required to undergo spinal surgery to correct these conditions and reduce his pain. Despite the surgery, our client was unable to return to his job as a laborer.

$6 Mil

Bus Hits Pedestrian

Our client was crossing West 38th Street at 11th Avenue in Manhattan when she was struck by a left-turning bus and sustained degloving injuries to her left leg. When surgical repairs failed, her left leg was amputated below her knee. After making inadequate offers that we rejected, the insurance company met our demand during jury…

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$18.2 Mil

Failure to diagnose blood clot in vein

Our 49-year-old client went to the emergency room complaining of abdominal pain, discomfort and nausea. After being treated and released several times without a proper diagnosis, she was finally found to have a blood clot in the portal vein, but the damage was done as she underwent over 25 corrective surgeries, including removal of a…

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$4.5 Mil

Abuse of minor

Our two young clients were sexually abused by their next-door neighbor, a man who gained the trust of their family. The case was tried before a judge in Suffolk County who rendered the damage verdict.

$2.87 Mil

Dangerous machinery

Our client, a construction worker, was assigned to work with a milling machine on the roadway of 164th Street near Crocheron Avenue in Queens County. As the milling machine approached a manhole cover, our client was unable to stop the machine because it was not supplied with an appropriate cutoff switch. The machine lifted the manhole…

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$4.5 Mil

Failure to diagnose neck fracture

Our 70-year-old client fell down the basement stairs of her Levittown home injuring her neck. She was taken to a local emergency room where a CAT scan was misread, and she was discharged with a broken bone in her neck. She later lost use of her legs and died from complications of this injury. At jury…

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$3 Mil

UPS worker who fell

Settlement for a UPS worker who fell while making a delivery because of an unsteady, improperly installed stairway and sustained tears to the meniscus of the knee requiring multiple arthroscopies, injury to the elbow requiring decompressive surgery and aggravation of a prior back condition. Proof of the defective stairway was made easier because we obtained…

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$2.25 Mil

Deck collapse

Our client, an assistant teacher in a Queens nursery school, opened the door of her classroom and stepped out onto a deck that collapsed beneath her, resulting in an injury to her lower back for which she ultimately required surgery. The insurance company claimed that the accident was not the cause of our client’s injuries….

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$1.5 Mil

CONSTRUCTION WORKER TRIPS AND FALLS ON REBAR LEFT BEHIND BY ANOTHER CONTRACTOR

Our client was a construction worker assigned to work in a crawl space of a building. Other contractors had previously worked in the crawl space leaving behind debris and rebar covering the floor. As our client walked across the floor in the darkened crawl space, he tripped and fell on a section of rebar. As a result, our 42 year-old client sustained a herniated disc of his lower back which contacted the nerve roots in his sacral area causing pain and numbness to go down his legs. He was treated with numerous lumbar epidural steroid injections in an attempt to alleviate this condition. He also tore a ligament in his left wrist for which he underwent a series of injections. As a result of the changes in his life caused by his injuries, our client became depressed and withdrawn. His psychological response kept him from returning to his job.

$1.25 Mil

WORKER STRUCK BY FORKLIFT

Our client drove his vehicle into the loading/unloading level of defendant’s factory. At the time he intended to offload items from his truck. Defendant’s workers were offloading and loading other vehicles at the time. While our client was standing next to his vehicle, defendant’s employee was operating a forklift/hi-lo carrying a load which obstructed his view. The hi-lo struck our client throwing him to the ground where he struck his face to the pavement. He was taken to the hospital where he was found to have a fracture of the left temporal bone and a brain bleed. These injuries caused dysfunction of a cranial nerve resulting in loss of the sense of smell. Our client also experienced phantom smells and his sense of taste was diminished. We prevailed in showing the many dangers our client endured by reason of the loss of sense of small.

$1.25 Mil

OPERATOR OF CAR SIDESWIPED

Our client was operating his car in the right lane of a two-lane roadway in Islip, New York. Another car was traveling beside him in the left lane and attempted to exit the roadway by turning right from the left lane. As a result, he sideswiped our client’s vehicle. Our client reported no injuries to the responding police officer. Prior to this collision our client had degenerative conditions of his spine including spinal stenosis and disc bulges and protrusions. Soon after the accident he began to experience pain in his neck and lower back. We claimed the trauma of the collision aggravated his pre-existing spinal conditions necessitating spinal surgery. The defendant argued that our client had no complaints of pain at the accident scene and his pain and symptoms were caused by nothing more than his pre-existing serious degenerative spinal condition. We prevailed in arguing our client’s case resulting in a significant settlement.

$3.5 Mil

Failure to diagnose kidney failure

Our client was a 73-year-old grandmother who went to a local hospital complaining of vomiting, nausea and diarrhea. In the emergency room, blood tests were run but the results, which showed our client to be in renal failure, were not timely acted upon. As a result, our client went into cardiac arrest, suffered brain damage…

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$1.5 Mil

Jury verdict on liability; motor vehicle accident

Our client was traveling down Springfield Boulevard near 136th Avenue in Queens when he was cut off by a truck and struck it in the rear. As a result, he sustained fractures to his jaw and nose, and a nerve injury of his left shoulder and arm. The insurance company refused to make an offer, claiming the…

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$1.28 Mil

Construction site injury for union worker

Our 45-year-old client fell down the ice and debris covered stairs while working at a construction site. He suffered a fracture of the smaller bone in the lower portion of his leg as well as an aggravation of a prior back injury requiring surgery. The general contractor claimed the accident was all our client’s fault…

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$1.25 Mil

All insurance coverage available to the defendant

Settlement, representing all of the insurance coverage available to the defendant, in a case where our client’s car was sideswiped by the defendant’s car. Defendant claimed our client was the one at fault, but we were able to show defendant’s negligence through deposition testimony. As a result of the collision, our client sustained an aggravation…

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$1.2 Mil

Multiple fractures suffered in a car accident

Our client was a 54-year-old municipal employee whose car was struck by a left-turning vehicle causing extensive injuries, including multiple fractured ribs and a fracture to his left knee requiring surgery. He returned to work nine months following the accident.

$1.4 Mil

Partial loss of vision

Our minor client was a front seat passenger in her father’s car as it traveled down Stewart Avenue in Nassau County when it was involved in a collision with another automobile. As a result of the collision, the airbag deployed striking our client in the left eye and causing a traumatic injury resulting in loss of…

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$2.34 Mil

Mother injured during child birth

Our client during delivery of her first child sustained a laceration to her perineal area that was neither timely nor properly repaired, resulting in an injury affecting her bodily functions. After conducting extensive depositions of all medical personnel involved, we were able to obtain a favorable settlement for this Nassau County resident.

$1 Mil

DEFENDANT DRIVER RUNS STOP SIGN

Our 47-year-old client was operating his sport utility vehicle northbound in Plainview, New York. The defendant was operating her motor vehicle in an eastbound direction when she came to a stop sign. Unfortunately, the defendant ran the stop sign and drove directly into the path of our client who collided into her car. From the scene of the accident our client was taken by ambulance to the hospital where an MRI of his neck revealed an unstable injury at the C5-C6 level. The next day he was taken for surgery which consisted of a fusion at that level. Notwithstanding the surgery, he continued to suffer from neck pain with radiation of the pain down into both arms. The $1 million dollar recovery represents the full extent of the defendant’s insurance coverage as well as the full extent of our client’s Supplementary Uninsured/Underinsured Motorist coverage.

$1.98 Mil

Failure to diagnose

Our client appeared in a local hospital’s emergency room on three separate occasions complaining of dizziness, slurred speech and weakness. The emergency room staff attributed the symptoms to various illnesses, including a cold. We claimed these symptoms resulted from decreased blood supply to the brain caused by a stroke in evolution that ultimately caused our…

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$930,000

81-year-old pedestrian hit by car

Our 81-year-old client was crossing Meadow Farm Road near Old Courthouse Road in New Hyde Park when he was struck by the defendant’s left-turning vehicle. As a result, he suffered a fracture of his right arm as well as bleeding in the brain that caused cognitive impairment. The insurance company claimed the accident was the…

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$775,000

CEMENT TRUCK CAUSES COLLISION

Our client was driving his car on a major roadway in Queens, New York on his way to pick up lunch. In the opposite direction the defendant was driving his employer’s MACK cement truck. Just as out client was approaching an intersection, the defendant driver made a left turn causing a collision between the two vehicles. The driver of the truck told the responding police officer that our client was speeding down the roadway and blamed the collision on him. Following the collision, our client suffered from neck and back pain. Prior to the collision, our client had been treated for approximately three years for disc injuries of his spine. A month before the collision, he received an epidural steroid injection for his pain. Following the collision our client was treated once again with epidural steroid injections for his neck and lower back pain. When the neck pain did not respond to conservative treatment, our client underwent a discectomy and fusion at the C5-C6 level. Defendant claimed that the surgery was caused solely by our client’s preexisting condition and that, in any event, the collision was his fault as he sped down the roadway. Our deposition of the defendant driver provided evidence otherwise, and we prevailed in obtaining the substantial recovery our client deserved.

$750,000

Child struck by bus

Our young client was struck by a bus while returning from school. The bus company claimed that our client “darted out” into the street. With detailed investigation and thorough discovery, including depositions of the bus driver, we were able to secure fair compensation for our Queens County client.

$700,000

Perforation of blood vessel during surgery

During hernia repair surgery, our client’s blood vessel was unknowingly punctured causing her to go into shock, requiring a second surgery for repair of the vessel and leaving her weakened. Following our deposition of the surgeon, a fair settlement was obtained.

$633,000

Facial scar to child

Our five-year-old client was a passenger on a school van when it was in collision with a bus on Union Turnpike at 184th Street in Queens. As a result of the collision, our client sustained a laceration of her forehead resulting in scaring. The bus company denied any liability for the accident. After the jury…

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$509,610

Retail store accident

Our 10-year-old client was walking down the ramp of a discount store when her middle finger got caught on a protruding portion of a tubular handrail, amputating it at its base. The finger was reattached, and the insurance company claimed that our client had a complete recovery from her injury, which in any event was…

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$505,000

Shoulder injured in car accident

Our client was a passenger in an automobile involved in a collision with another automobile at the intersection of Avenue M and East 36th Street in Brooklyn. As a result of the collision, she sustained a tear of the rotator cuff of her right shoulder. The insurance company claimed our client sustained no injuries as…

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$500,000

Knee injured in car accident

Our client was driving on Old Country Road in Hicksville when struck head-on by another automobile. He sustained a tear of the anterior cruciate ligament of his left knee but delayed treatment for same. The insurance company claimed that our client fully recovered from any minor injury he may have sustained in the motor vehicle…

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$500,000

Settlement for motorcyclist

Our client, a 37-year-old motorcyclist, struck the side of a car that darted out in front of her as she traveled down a Queens roadway. As a result of the impact, she was propelled from her motorcycle and suffered a fractured pelvis requiring multiple surgeries. The driver of the car claimed he was stopped on…

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$460,000

Settlement for motorcyclist involved in Manhattan collision

Our client, a motorcyclist, suffered a fractured hip requiring surgery after an accident with a motor vehicle he said was making an illegal U-turn. The driver of the car claimed to have been stopped when our client rode into him. The driver had auto insurance with minimum policy limits coverage. As a result of our…

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$400,000

Knee injured in car accident

Our client was driving her SUV on 76th Avenue in Flushing when the defendant ran a stop sign causing a collision. The insurance company claimed our client was at fault and that the torn meniscus in her knee was not a “serious injury.” The trial proceeded, the defendant was found 100 percent at fault in…

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$400,000

Car Collision

Settlement for our client who sustained aggravation of an arthritic knee as a result of his vehicle being struck in the rear by defendant’s vehicle. About four years after the collision, our client had arthroscopic surgery on his knee for the now painful arthritic condition.

$320,000

Bus accident

Our client was a passenger on a bus and sustained an injury to her knee when the bus collided with an automobile. Both drivers denied being at fault. We tried the liability issue before a Kings County jury and thereafter secured an appropriate settlement for our client.

$310,000

Pressure ulcer (bedsore)

Our 61-year-old client suffered a pressure ulcer (bedsore) during a two-week hospitalization following a surgical procedure. We claimed the pressure ulcer could have been prevented and then, once discovered, should have been managed better to stem its progression. The defendant hospital claimed that our client’s compromised health, malnutrition and immobility made the pressure sore unavoidable….

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$235,000

Herniated disc

Our client was involved in a motor vehicle accident, sustaining a herniated disc as a result. The insurance company initially claimed that the herniation was not caused by the motor vehicle accident but then decided to make the appropriate offer after presented with our medical evidence.

$235,000

Fall on broken sidewalk

Our client tripped and fell on a broken sidewalk and fractured her elbow. The insurance company claimed our client caused the accident because she was distracted by family members and not looking where she was going. We prevailed in obtaining a favorable settlement.

$131,000

Five-car collision

Our client was involved in a multicar accident, sustaining a bone chip in her wrist. The insurance company claimed the injury was not caused by the accident and was minor in any event. Following detailed discovery, our client received the compensation she deserved.

Every case is different and results depend on their specific circumstances. Prior results do not guarantee a similar outcome.