Past Verdicts & Settlements for New York City Victims
The following are brief summaries of Mr. O'Gara's work on behalf of those injured in accidents that occurred in the New York City metropolitan area. They reflect his commitment to going the extra mile to prove the client's case and to maximize financial recovery.
New York City Construction Site Accidents
Ladders, Scaffolds, and Falls from Heights
Cases involving falls from heights frequently result in terrible injuries. All of the cases listed below resulted in million dollar plus recoveries for injured construction workers.
Bricklayer suffers in injury in fall at construction site
A bricklayer building an elevator shaft fell down a shaftway during construction of a new residential apartment building in Manhattan. He suffered injuries to his head, back, hip and ribs. The defendant general contractor and building owner each denied responsibility and legal liability for the accident. During the course of the lawsuit, Mr. O’Gara won judgment for the injured worker against both the owner and general contractor for violation of the New York State Labor Law, which the defendants appealed. Mr. O’Gara won the appeal. The plaintiff recovered $2.45 million.
Construction Injury
Progression of ironworker's injury compensable after fall
Plaintiff ironworker fractured his foot in a fall at a construction site. Although the plaintiff was able to return to his former employment in construction within seven months following the accident, Mr. O'Gara argued that arthritis from the injury would progress and prevent the plaintiff from continuing as a construction worker within five to ten years, thereby requiring the plaintiff to take a lower paying job in the future. The alleged future lost wages resulted in a $1.3 million monetary recovery for the plaintiff.
Scaffolding Accident
Recovery for emotional difficulties and loss of sense of smell and taste
A carpenter had fallen six-feet from scaffolding, striking his head on the floor. Although diagnostic tests, including an MRI, did not show a brain injury, the plaintiff's family noticed a change in his behavior and he complained of emotional difficulties and a loss of sense of smell and taste. As such injuries are difficult to prove, Mr. O'Gara arranged for the plaintiff to undergo extensive testing at the world renown University of Pennsylvania Smell and Taste Center. Many tests were administered over the course of two days, and were so extensive that any fraud or faking of symptoms would be revealed. The tests proved that the plaintiff's symptoms were real, which added credence to the claims of emotional difficulties, resulting in a $1.2 million recovery for the plaintiff.
Ladder Fall Injury
Electrician should have been provided scaffold in windy conditions
An electrician fell from a six foot A-frame ladder while working outdoors, suffering multiple fractures to his leg with complications. His case settled for a very large monetary recovery after Mr. O'Gara obtained weather records proving that there were high winds at the time of the accident. He argued that, as the plaintiff could not hold on to the ladder while working with his hands, a scaffold should have been provided instead of merely a ladder.
Other Construction Site Accidents
Electrical Saw Accidents
Mr. O'Gara has litigated several cases involving finger amputations resulting from electrical saws. Modern electrical saws are designed with injury protection in mind; however, it is not unusual for safety devices to be removed, as in one case Mr. O'Gara brought to trial in the Supreme Court, New York County (Manhattan).
Injuries compensable where safety device removed from electrical saw
The plaintiff was using an electrical saw in connection with the installation of wood flooring. The plaintiff testified that the saw he was provided lacked a movable, self-adjusting guard. Mr. O'Gara called an expert electrical engineer to the witness stand. The engineer testified that such a guard was standard equipment on the saw that the plaintiff was using and that such guards are sometimes removed because they can slow the work down, resulting in a heightened danger to the worker. The engineer further testified that New York State Industrial Code required such a guard. Under New York State Labor Law, the corporate owner of the premises and general contractor both had a responsibility to ensure that the saw had the required guard. After testimony from several witnesses, Mr. O'Gara obtained a favorable settlement for his client from the defendants' insurance companies.
This case highlights a point common in construction site accident cases. Often times the worker is not in a position to compel compliance with the law, especially on non-union work sites. The worker's complaints regarding unsafe tools or methods of work are often ignored. The worker is then left with the choice to continue with dangerous but steady work or quit and try to find other work, which may not be available, or may present similar dangers.
Electrical Saw Accident/Defective Flooring
Cabinetmaker recovered after tripping and falling into table saw
In a case involving finger amputations from a saw accident, Mr. O'Gara obtained a verdict for the plaintiff after proving to the jury that a defense witness was lying about the cause of a table saw accident. The case was tried before a jury in the Supreme Court, Queens County, New York. The plaintiff was employed as a cabinetmaker in a workshop where wood furniture was made. He testified that he tripped on a piece of aluminum that the owner of the shop had affixed to the floor. The piece of aluminum had bent up edges, (as proven by photos Mr. O'Gara obtained), causing a tripping hazard which caused the plaintiff to fall forward into an electric table saw. The defense witness, on examination by the attorneys for the defense, testified that the plaintiff must be lying, because the hazard in the photograph was located a distance of eight feet from the saw, and that he was sure of the distance because he had double-checked it with a measuring tape the day before he took the witness stand.
On cross-examination, Mr. O'Gara asked the defense witness the width of the wood planks of which the floor was made that were visible in the photos. He then asked the witness to count the number of planks between the hazard and a rubber mat which everyone agreed was located right in front of the saw. The defense witness's own testimony on cross-examination by Mr. O'Gara contradicted his earlier statement and proved that the tripping hazard was in fact only two to three feet from the table saw. The jury quickly returned a verdict for the plaintiff, which resulted in a sizable financial recovery.
Failure to provide eye goggle / eye protection
A carpenter suffered an eye injury on a construction site. While using a type of circular saw or grinder to cut a concrete tile, a chip came off the tile and went into the worker’s eye. Mr. O’Gara brought a lawsuit alleging a violation of Labor Law Section 241(6) and violation of the New York State Industrial Code which specifically requires suitable eye protection be provided to Workers. During discovery testimony was taken from several co-workers which established that the worker was not provided with eye protection. Mr. O’Gara retained an economist to establish the future lost wages suffered by the injured worker. The case settled before trial for a substantial sum.
Failure to provide hardhat and overhead protection from falling object
A demolition worker was struck in the head and face by a falling light fixture, causing injuries and substantial scarring. Mr. O’Gara brought a lawsuit against the owner of the premises for negligence and failure to provide a safe place of work. The lawsuit alleged violations of laws intended to protect construction workers, in this case New York State Labor Law §240(1) , §241(6), and Rules and Regulations of the State of New York, a/k/a Industrial Code, Sections 23-1.7(a)1 and 23-1.8(c)1. After testimony from several witnesses a substantial monetary settlement was reached.
New York City Car Accidents
Rear Ended by Drunk Driver who had only Minimal Insurance
Recovery in excess of drunk driver's insurance coverage
Plaintiff suffered injuries when she was stopped at a traffic light and her car was hit from the rear by a drunk driver. Although the drunk driver had only a minimal insurance policy and little in terms of assets, Mr. O'Gara made a claim against the plaintiff's own insurance company, pursuant to her policy, and obtained a settlement well in excess of, and in addition to, the drunk driver's full insurance coverage.
Intersection Accident Causing Facial Scarring
Immediate investigation resulted in significant settlement for plaintiff
The plaintiff was a passenger in a car turning left at an intersection, when her side of the vehicle was hit by an oncoming SUV. Mr. O'Gara immediately obtained a sworn written statement from an eyewitness and later visited the scene of the accident with a crash reconstruction expert, to gain insight into the causes of the accident. This resulted in the insurance companies for both vehicles contributing significantly toward a large settlement for the plaintiff.
Officer Struck by Passing Car
Injured police officer recovered for loss of future earnings
Mr. O'Gara represented a fifty-five year old police officer who was investigating the scene of a car accident when he was struck by a passing vehicle driven by an inattentive driver. As a result of injuries, the police officer was permanently reassigned to desk duty. Mr. O'Gara consulted an economics professor to calculate the economic loss to the police officer in terms of earnings lost as a result of the loss of overtime and pension benefit lost as a result of lower earnings due to the loss of overtime. Additionally, he asked the professor to calculate the cost of the disability in terms of the officer's inability to do work around the home at the same level as pre-accident. In total, despite the police officer's age, Mr. O'Gara maintained that the economic loss totaled over $500,000. Shortly after the defendant's attorney was provided the economic loss calculations, the case, which had been brought in the Supreme Court, Westchester County, New York, settled for a very substantial sum.
Passenger Involved in Auto Accident
Girlfriend recovered from insurer without suit against boyfriend
Mr. O'Gara represented a passenger in an automobile driven by her boyfriend when he lost control of his car and hit a tree. Although Mr. O'Gara's client directed him not to sue her boyfriend, Mr. O'Gara was able to convince her boyfriend's auto insurance company to pay the full amount of his insurance policy without resort to a lawsuit, much to the satisfaction of the client.
Pedestrian Struck by Car While Crossing Street
Substantial recovery following immediate investigation of accident
Mr. O'Gara represented a pedestrian was struck by a car while crossing the street in midtown Manhattan. He immediately interviewed witnesses, who placed the blame squarely on the driver. Mr. O'Gara brought suit in Supreme Court, New York County in Manhattan. Largely due to the irrefutable evidence of the defendant driver's fault in causing the accident, a substantial offer was made by the driver's auto insurance company and the case settled before trial.
Negligent Security
Tenant Shot by Intruder
Landlord liable because of broken and unlocked roof door
Mr. O'Gara's client, a tenant in a Brooklyn apartment building, was shot through her apartment door by an unknown gunman. Mr. O’Gara’s immediate investigation, including interviews with other tenants and video taken depicting a broken and unlocked roof door, enabled him to defeat the landlord's motion to dismiss. After jury selection as the trial was to commence the case settled for a large monetary s recovery for the client.
Slip and Fall Accidents
Fall on Stairs Caused by Defective Flooring
Plaintiff recovered after tripping on a chip in a marble step
In a case involving a fall on a stairway in a Brooklyn apartment building, the plaintiff suffered a broken hand after tripping on a large chip in a marble step. The case was tried before a jury in the Supreme Court in Brooklyn. Although there were conflicting accounts regarding how the accident happened, Mr. O’Gara’s skillful cross-examination of two witnesses called by the defense helped turn the jury in the plaintiff's favor, resulting in a significant financial recovery for the injured party.
Fall Caused by Defective Stairs
Substantial recovery for plaintiff who fell on uneven stairs
In another case involving a fall on a stairway in a Brooklyn apartment building, the plaintiff suffered a broken wrist when he fell down a wooden staircase. Mr. O'Gara’s investigator took photographs of the stairs shortly after the accident. Those photographs proved that the stairs were defective in that they were not uniform, but rather, varied in height, in violation of basic safety standards. Mr. O'Gara took the case to trial in the Supreme Court Brooklyn and the jury returned a verdict in favor of the plaintiff, who obtained a substantial financial recovery.
Fall from Stairs caused by Defective Handrail
Prompt investigation showed that a handrail was inadequate
In another case involving a fall on a stairway in a Brooklyn apartment building, Mr. O'Gara personally conducted a prompt investigation which demonstrated that the handrail was unstable. Photos and video were taken immediately, which proved invaluable in convincing the insurance company to settle this case before trial, resulting in a substantial financial recovery for the plaintiff.
Slip and Fall Injury
Gas station liable for damage caused to sidewalk by fueling trucks
In a case involving a trip and fall on a hole in a sidewalk adjacent to a Brooklyn gas station, the plaintiff suffered a wrist fracture which required surgery. Mr. O'Gara brought suit against the gas station because his investigation revealed that the gas station regularly allowed its fuel delivery trucks to drive up over the curb and onto the sidewalk in order to make deliveries, thereby damaging the sidewalk. Photos Mr. O'Gara had taken documented the evidence. Despite denials by the defendant at trial, the photographic evidence convinced the jury, who returned a verdict in favor of the plaintiff resulting in a significant financial recovery.
Slip and Fall in Store
Plaintiff recovers damages after falling in supermarket
Mr. O'Gara represented a woman who tripped and fell when her toe caught on a hole in a tile on a supermarket floor. The case was brought in the Supreme Court, Brooklyn, New York. The defendant supermarket's lawyers made a motion to dismiss on the basis that the hole was too small for them to be held responsible for the accident. Defense counsel cited many prior cases where courts dismissed cases where sidewalk defects were larger than the hole in which Mr. O'Gara's client tripped. Mr. O'Gara successfully argued that a supermarket customer has a different expectation than a pedestrian on a sidewalk and that a customer reasonably expects a supermarket floor to be safer and smoother than a sidewalk. The court agreed and the defendant's motion to dismiss was denied. Shortly thereafter, the supermarket's insurance company made a substantial financial offer of settlement, which Mr. O'Gara's client accepted.
Slip and Fall in Nightclub
Nightclub liable for injury due to the design of the steps that violated city building codes
Mr. O'Gara represented a woman who fell down a step at a nightclub in a case brought in the Supreme Court, Bronx County. Mr. O'Gara's investigation revealed that the design violated New York building code requirements, and convinced the insurance company for the nightclub to pay a substantial sum to settle the case.
Assaults
Bar/Nightclub Assault
Nightclub liable to patron attacked outside of nightclub
Mr. O'Gara represented a college student who was attacked at a nightclub in the Bronx. The student was attacked by a group of men first inside, and later, more brutally, outside the nightclub. Mr. O'Gara aggressively investigated the circumstances prior to bringing a lawsuit, and obtained statements from several witnesses who saw what happened. The lawyers for the nightclub made a motion before the Supreme Court, Bronx County, to have the case dismissed. They claimed the nightclub bore no responsibility for the assault, as their employees did not attack the student.
Mr. O'Gara consulted with a security expert who submitted an affidavit stating that the nightclub's security personnel did not follow standard procedure and thereby aggravated the situation. Mr. O'Gara argued that under the circumstances, the nightclub had a legal obligation to protect the student from his attackers. He further argued that the security personnel working at the nightclub were chiefly concerned with protecting the nightclub's reputation and liquor license, and therefore chose not to call the police. The defendant's motion to dismiss was denied by the court, and the nightclub's insurance company paid a substantial settlement to the student.
Please note that every case stands on its own merits. Past results in one case do not guarantee future results in another.
