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Wednesday, 26 Nov 2014

Verdicts and Settlements

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Trial attorney Kenneth Mangano obtained one of Long Island’s largest verdicts of the year when a Suffolk jury awarded our client 4 million dollars. Our client, a construction worker, was erecting sheet rock at a construction site in 2001 when he fell from a four foot A-frame ladder, landing on his back. The client did not initially report the accident and actually continued working that day. In the following days and months, the pain to his back and neck became severe and eventually caused him to stop working as a carpenter.

After subsequent years of treatment, the client required both back surgery in 2006 and neck surgery in 2009. His doctor, Richard Radna, a neurosurgeon in Manhattan, related all to the accident. The defendants argued that the client was addicted to Vicodin and that his injuries, if any, were unrelated to the accident. A total of seven expert witnesses testified at trial. On summations, one attorney asked the jury return a verdict awarding the plaintiff nothing; the other suggested a combined amount of $450,000. After just one and a half hours of deliberation, the jury awarded the client a combined 4 million dollars. Because of a legal victory on this case three years ago, the defendants were also required to compensate the plaintiff 9% interest for those three years, in addition to the amount of the verdict, bringing the total award to more than 6 million dollars.


SLIP AND FALL - $3,750,000
A 51-year-old gentleman was injured when he fell in his hotel room. The client could not initially recall what caused him to fall. He consulted with and retained FKMS one year post accident. We immediately surveyed the hotel room and performed a reconstruction of the accident. It was determined that the client fell on a defective cord which hung from the wall mounted air conditioner. The hotel contended the air conditioner was not defective and that the accident could not have occurred the way the plaintiff stated. The client suffered quadriplegia and is wheelchair bound. The case was tried by FKMS partner Kenneth Mangano and settled immediately before the jury’s verdict on liability.

BUS ACCIDENT - $3,300,000
A 92-year-old woman was crossing the street when she was struck by a private bus line making a left turn. The defendant driver denied causing the accident and claimed the victim walked into the back of the bus. The client was rushed to the emergency room where she underwent an amputation of both legs. Ferro, Kuba, Mangano, Sklyar, P.C. aggressively pursued the defendant and through the gathering of evidence convinced the bus company to engage in a mediation. FKMS partners William Ferro and Kenneth Mangano were able to persuade the defendant, the mediator and other parties in attendance that despite the plaintiff’s age, her past and future pain and suffering were significant and justified a substantial award.

Our client, a 28-year-old construction worker, was working on a roof when he fell through a hole in a sky light, which had been previously cut out and covered with insulation, making it impossible for the client to notice. As a result our client fell approximately 20 feet to ground sustaining numerous fractures and required a splenectomy to repair his internal injuries. FKMS partner, Kenneth Mangano secured a settlement of 2.5 million dollars just prior to trial.

Our client, a construction worker, was employed doing new window installations at a public school. He was working on the second floor ledge with an unsecured Bakers Scaffold without the benefit of an assistant. The scaffold moved and rolled off the roof causing the plaintiff to fall to the floor. The plaintiff sustained multiple fractures including a fractured ankle, which had to be repaired with a surgical fusion. The case was handled by FKMS partners William Ferro and Kenneth Mangano and settled immediately prior to trial for 1.9 million dollars.

On the date of the accident, Ferro, Kuba, Mangano, Sklyar, P.C. client, who was gainfully employed for six years as a window installer, was working in a new renovation of a penthouse apartment. While installing windows at the location, the temporary floor collapsed causing him to fall one full flight into the apartment below. The client was transported via ambulance to St. Vincent’s Hospital in Manhattan where he was diagnosed with a right ankle fracture. He subsequently underwent two surgeries including an arthrodesis and fusion. FKMS partners Kenneth Mangano and William Ferro secured this settlement after the completion of depositions prior to trial.

FKMS partner Kenneth Mangano obtained a verdict in federal court for the sum of 1.65 million dollars on behalf of a client injured in an automobile accident. The client, 35-years-old, suffered a triangular fibrocartilage tear to his left wrist, as well as a herniated disc. The defendant argued that the injuries were pre-existing and not caused by this accident. Fortunately, the jury agreed with our contention that the injuries were in fact causally related to this accident and permanent in nature.

ROAD DEFECT - $1,250,000
Our client was injured when she was traveling in a heavy rainstorm. The road was severely flooded causing her to lose control of the vehicle and strike a tree. FKMS trial attorneys argued that the town failed to safely maintain the roadway to prevent flooding. The plaintiff sustained multiple facial injuries. The town offered $25,000 to settle the case, which was rejected. The jury agreed with our contentions and rendered the substantial verdict in the plaintiff's favor.

Our client, a bricklayer, was injured while working on a scaffold when a wood plank fell, striking his body. The plaintiff sustained a significant back injury that required surgical intervention. The case was moved swiftly by the FKMS litigation team and settled pursuant to a voluntary mediation.

SLIP AND FALL - $1,000,000
Our client, a food service employee, tripped and fell over an exposed electrical box. As a result of this fall, he underwent conservative treatment for an injury to his back. Eventually, with no relief from the treatment, the client had lumbar surgery to repair a herniated disc. The defendants argued that the plaintiff could not have suffered the injuries claimed due to the minimal fall he took. FKMS partners Kenneth Mangano and William Ferro were successful in proving the causal relationship of the injuries to the accident and thus secured the substantial settlement prior to jury selection.

LABOR LAW - $950,000
A 67-year-old semi-retired roofer was injured when climbing a fixed building ladder to inspect a roof. The ladder suddenly became detached from the wall. Our client fell 12 feet to the floor below. We were able to prove the ladder had been negligently repaired some six months prior to the accident. FKMS partner William Ferro, as trial counsel to another firm, moved pursuant to labor law section 241 on the issue of liability. The case settled immediately before the jury verdict on liability.

FKMS client, a laborer, fell off a six foot scaffold while installing windows. The plaintiff initially treated with a chiropractor for a few months before seeing an orthopedic surgeon. Two years later, the plaintiff under went surgery to his back that the defendants alleged was unrelated to this accident. Through expert witnesses and demonstrative evidence the FKMS team of attorneys was able to prove our case and secure the award on behalf of our client.

AUTO ACCIDENT - $900,000
The plaintiff, a 45-year-old woman, was driving in Westchester County when she was struck in an intersection by an oncoming vehicle. The defendant was arrested for DWI. Our client sustained a fractured arm requiring two surgical procedures, as well as a fractured orbital bone. The case proceeded to trial in Westchester County. During the course of the trial, defense counsel claimed our client made a full recovery and offered a settlement of $100,000. FKMS partner Kenneth Mangano, in full agreement with our client that the offer was insufficient, rejected the offer and continued the trial to conclusion. After hearing summations of both counsel, the jury returned a verdict of in favor of our client in the amount of $900,000.

LABOR LAW - $750,000
The plaintiff was injured on a job site constructing an interior wall with a powered activated nail gun when a piece of debris entered his eye. He was not provided with safety goggles or protective eyewear. FKMS partner Kenneth Mangano, acting as trial consul to another firm, argued the defendant violated labor law section 241(6) cd, the Industrial Code. The defendants claimed the accident did not occur at the worksite and introduced evidence of the hospital record wherein the plaintiff stated the injury occurred at home. Kenneth Mangano was able to convince the jury the accident in fact occurred as we contended and the jury agreed, resulting in the award.

FKMS client was injured while working on a job site at the O’Dwyer Housing Project in Coney Island. The client, 41-years-old, was constructing an interior wall when a piece of debris entered his eye, rupturing the globe. He was not provided with safety goggles in violation of Labor Law Section 241(6). The defendant alleged the accident was the plaintiff’s fault. At trial Kenneth Mangano argued to the jury the defendant’s negligence and they found the defendant to be 70% at fault for the accident. The case subsequently settled for $750,000.

A 41-year-old laborer working at mall doing demolition was injured when a junction box fell fifteen feet striking him on his back. He did not immediately seek medical attention. Our client later sought medical treatment, and it was determined he sustained a spinal injury which required surgical correction. The defendants alleged the accident did not occur. FKMS partner Kenneth Mangano handled the matter and obtained a settlement after jury selection.


FKMS client, who was convicted and served a twelve year prison term, was exonerated as a result of DNA evidence. At trial FKMS partner William Ferro established the client’s entitlement to an award under the Court of Claims Act. The state argued that due to the client’s prior felony convictions for which he had been incarcerated the award should have been minimal. The court disagreed and rendered the award of $550,000.

Our client, a 30-year-old female deli clerk, was riding her bicycle on Montauk Highway in Suffolk County when the defendant driver made a left turn, striking the plaintiff. FKMS senior associate Claudia Behmoiram successfully proved liability via summary judgment, which was granted by the court. The matter proceeded to trial where partner Kenneth Mangano secured a jury award of $500,000.

AUTO ACCIDENT - $450,000
Our client was operating her motor vehicle when the defendant government vehicle disregarded a stop sign causing accident. The plaintiff sustained a significant injury to her back, which eventually required surgical intervention. The case was handled in Federal Court by Senior Associate Claudia Behmoiram and partner Kenneth Mangano and settled prior to jury selection for $450,000.

FKMS associate Rebecca Fortney recently secured this verdict in Suffolk County. The plaintiff, 46-years-old, went to a deli owned and managed by her family. While inside the store she was caused to trip and fall over an extension cord attached to a fan by a store employee. The plaintiff sustained a fractured humerus. The defendant insurance company refused to make a settled offer and the case proceeded to trial where Ms. Fortney obtained the verdict for our client.