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Largest Verdicts of 1997

Rank	Case	Plaintiff Counsel	Defense Counsel	Type Of Claims	Amount	Post-Trial Activity
1	Said v. Assaad Jan. 10, 1997 Onondaga Supreme	John C. Cherundolo, Anthony S. Bottar of Cherundolo, Bottar & McGowan, Syracuse. ¹	Thomas A. Conway of Featherstonhaugh, Conway, Wiley & Clyne,² Albany. Kenneth M. Alweis of Saperston & Day, Syracuse.³	Motor Vehicle. Teen suffers brain damage after car in which he was passenger had collision with truck that had snow plow at its front end.	$45 million; 2.7 million for Michael Said for past loss of services.	Reduction by trial judge to $18.3 million. Fourth Department on Dec. 21, 2001 reversed judgment and ordered new trial on damages, liability of snow plow manufacturer and apportionment of liability between defendants.
2	Diaz v.City of New York March 12, 1997 Queens Supreme	William Schwitzer of Dinkes & Morelli, Manhattan.⁴	Grace A. Brannigan, Assistant Corporation Counsel of New York.	Police Shooting: Officers shot mentally handicapped man claiming they had mistaken the man's fake gun for real one; lung injuries, fractured ribs.	$37.1 million	Settled for $900,000 while post-trial motions were pending.
3	Butler v. NYCHHC Feb. 21, 1997 Queens Supreme	Stephen Seidner and Jeffrey L. Guttentag of Fisher & Seidner, Babylon.	Bruce F. Gilpatrick of Heidell, Pittoni, Murphy & Bach, Manhattan.	Medical Malpractice: Failure to diagnose bilirubin in infant's blood; brain damage, severe cerebral palsy.	$27.5 million	Terms of settlement not disclosed.
4	Cabrera v. NYCHHC June 18, 1997 Queens Supreme	Fred Queller of Queller & Fisher, Manhattan.⁵	Raymond W. Murphy of Heidell, Pittoni, Murphy & Bach, Manhattan.	Medical Malpractice: Improper positioning of 8-month-old by nurse during spinal tap procedure; failure to have experienced doctor during procedure; brain damage, quadriplegia and total blindness.	$27.37 million; $200,000 for Arlette C. for loss of services.	$18.4 million for future licensed practice nurses reduced by trial court as excessive to $12 million. Second Department set reduction at about $6.5 million. Case settled in Feb. 2, 2002, for $6 million.
5	Robinson v. Robert Bosch Power Tool Corp. March 28, 1997 Bronx Supreme	Raymond Carey⁶ and Edward R. Scheine⁷ of Scheine, Fusco, Brandenstein & Rada, Woodbury.	Arthur J. Leiderman, Shuana J. Reeder of Standard Weisberg, Manhattan; Trevor A. Reid, Bronx; Dennis E. Krolian of Alan I. Lamer, Elmsford; Linda A. Stark of Molod, Spitz, DeSantis & Stark, Manhattan.	Product Liability: Foreman on construction site injured after using power saw. While undergoing repair of femoral artery in right thigh, plaintiff suffered cardiac arrest and brain damage as a result.	$26.8 million; $6 million for Esther R., $3 million each for past loss of services and future loss of services.	Case settled on March 27, 1998 for $5.1 million plus a waiver of Worker's Comp. lien of $1.2 million while post-trial motions were pending.
6	Vasquez v. Figueroa April 18, 1997 Bronx Supreme	Keith A. Raven of Garbarini & Scher, Manhattan. ⁸	Kenneth S. Merber of Callan, Regenstreich, Koster & Brady,⁹ Manhattan; Philip W. Coleman, Assistant Corporation Counsel of New York.	Motor Vehicle: Car hits cement rail, vaults over rail and flips over while traveling on exit ramp off Sheridan Expressway to Cross Bronx Expressway. Inadequate warning signs alleged. Passenger suffers cerebral brain damage.	$24.2 million; $2 million to guardian for loss of services.	Case settled following retrial in December 2001.
7	Martelly v. NYCHHC June 2, 1997 New York Supreme	Thomas A. Moore of Kramer, Dillof, Tessel, Duffy & Moore,¹⁰ Manhattan.	Gary A. Greenfield of McAloon & Friedman, Manhattan.	Medical malpractice: Brain damage after childbirth; claims of failure to diagnose sign of fetal distress and to perform delivery sooner.	$23 million	First Department set reduction at $16.6 million.
8	Abellard v. NYCHHC Nov. 7, 1997 Queens Supreme	Ivan S. Schneider of Schneider, Kleinick, Weitz, Damashek & Shoot, Manhattan.	Elizabeth Cornacchio of Heidell, Pittoni, Murphy & Bach, Manhattan.	Medical Malpractice: Baby stillborn; treatment failures cited in high-risk pregnancy. Mother in coma through time of trial.	$19.27 million for past and future medical expenses	Second Department set reduction for future medical expenses at $12 million, for total of $14.2 million.
9	Storms v. Vargas and City of New York Jan. 17, 1997 Kings Supreme	Dominic DiPrisco of Lysaght, Lysaght & Kramer in Lake Success.¹¹	Robert A. Hulten of Bruce A. Lawrence, Brooklyn. Grace A. Brannigan, Assistant Corporation Counsel.	Motor Vehicle: Police officer injured while responding to 'officer in trouble' call. His car collided with another car, and he was struck in the face by a speedometer on dashboard; enucleation of one eye and multiple facial fractures.	$16 million.	$15 million award for pain and suffering reduced by trial court to $7.5 million, for a total award of $8.5 million. Second Department set award at $4 million.
10	Heffernan v. City of New York Oct. 1, 1997 Bronx Supreme	Richard E. Shandell of Shandell, Blitz, Blitz, Glass, Bookson & Kern, Manhattan. ¹²	Jon L. Norinsberg, Assistant Corporation Counsel.	Motor Vehicle: driver thrown from vehicle while driving on Pelham Parkway over pothole he claimed was not repaired properly. Injuries include brain damage.	$13.5 million, reduced to $7.4 million for 45 percent comparative negligence of plaintiff. Further reduced by $1,000 for plaintiff's failure to wear seat belt.	Settled for about $4 million.
Chart prepared by Elaine Song and Susan Harper.
1. Law firm name has since changed to Cherundolo Bottar Leone.
2. Law firm name has since changed to Conway & Kirby.
3. Kenneth M. Alweis is now employed at Fix, Spindelman, Brovitz & Goldman.
4. Law firm name has since changed name to Dinkes & Schwitzer.
5. Firm name has changed to Queller, Fisher, Dienst, Serrins, Washor & Kool.
6. Raymond Carey is now employed at the Law Offices of Raymond Carey.
7. Edward Scheine is now employed at Scheine, Fury & Rosado.
8. Keith A. Raven is now with Friedberg & Raven.
9. The firm is now known as Callan, Koster, Brady & Brennan.
10. The firm name is now Kramer, Dillof, Livingston & Moore.
11. Dominic DiPrisco's firm is now Decolator, Cohen & DiPrisco.
12. The firm name is now Shandell, Blitz, Blitz & Bookson.
NOTE: Case names include only the first named plaintiff and first named defendant. Many cases involve multiple defendants, and verdicts may be against parties in addition to or other than the named defendant.
Source: The New York Jury Verdict Reporter, an affiliate of the New York Law Journal.

(the New York Law Journal, March 2002)