501,000 Hoverboards Recalled Nationwide Over Exploding Batteries. At least 99 incidents of overheated battery packs have been reported, causing burns and property damage.
F&A injury lawyers file lawsuit against Swagway in hoverboard fire injury matter.
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This case where we represent the family of Nicholas Naumkin in a civil lawsuit against the homeowner who left a loaded gun in a dresser drawer found by his son who played with the gun and shot Nicholas.
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A 40-year-old male alleged that he suffered a cerebral contusion, a cervical disc herniation, and a subdural hematoma when a temporary lighting box fell onto his head as he worked on a renovation project as an installer in the mezzanine area of the defendant’s subway station. The plaintiff contended that the defendant failed to properly hire, train and supervise its employees, failed to maintain the premises in a safe manner, and invoked the theory of res ipsa loquitur. The defendant denied liability and contended that there was no proof that it installed the lighting box or that, if it did, that the box was under its exclusive control. The plaintiff’s spouse filed a claim for loss of services and received $600,000.
A Brooklyn jury returned a verdict for Bouazo Kouho, a security guard who ran inside a Trump Village apartment complex to put out a fire. As he ran, his foot was caught in a hole created by a faulty sprinkler system. He suffered a torn Achilles tendon which required surgery. After a 100% liability verdict against the defendant, the jury awarded the plaintiff $585,000 as compensation for past and future pain and suffering. Prior to the start of the trial, the defendants had a no pay position because of the difficult liability situation present in this case. Plaintiff was running and defendants claimed they had no notice of the small hole contained in a grassy field on the property. However, plaintiff was able to prove defendants knew about the hole. Plaintiff used a safety expert during the liability phase of the trial. During the damages phase , plaintiff called his treating doctor to explain the nature and extent of his injuries as well as his future prognosis.
An elderly woman was walking home along a pedestrian sidewalk when she was caused to slip and fall due to an icy condition in front of a red brick building owned by an absentee landlord and rented by tenants. She sustained a trimalleolar fracture of her ankle which required surgery in the form of open reduction internal fixaton (ORIF). State Farm insurance company was the homeowner’s insurance carrier for the building in question. Prior to trial, State Farm took a no pay position on this case. During trial, they offered $25,000 due to difficult liability. The trial lawyers at Frekhtman & Associates hired a weather expert, an engineer, and other experts for trial. They prepared steadfastly and received a 100% liability verdict in Queens Civil Court against the landlord for failing to throw down salt, clean the ice, or otherwise take any action. Weather records showed that at least 2-3 days passed from the last time it snowed in that area. Following the liability verdict, a damages trial ensued where an orthopedic medical doctor testified about the injuries plaintiff sustained including her diagnosis and future prognosis. After completion of the damages trial, the plaintiff was awarded a total sum of $550,000.00.
A pedestrian struck by a car in Manhattan won a $500,000 settlement after mediation. Frekhtman & Associates senior trial attorney, Richard Mogg, negotiated the settlement of this action which was on the trial calendar in Bronx Supreme Court about 2-3 months away from a final trial date. Liability was strong against both cars who collided with each other in the roadway sending one of the vehicles onto the sidewalk striking the pedestrian. Injuries included: soft tissue back injuries, torn meniscus with arthroscopic surgical procedure, and neurological treatment. The firm was happy with this result and continues to fight for our clients in all aspects of personal injury practice.
Frekhtman & Associates, a New York based construction accident law firm has recently settled a case involving a Brooklyn laborer who fell from a ladder while stripping a circular staircase inside a large multi-apartment dwelling. The plaintiff was working on the ladder when another worker moved a piece of sheetrock which cause other piles of sheetrock to fall over onto their side. The last such piece fell and struck the ladder causing it to topple over. The plaintiff sustained a serious injury including a fracture of his ankle which required open reduction internal fixation. Defendant moved for summary judgment arguing a different version of facts including that plaintiff was not even ever on a ladder and that he moved the sheetrock himself causing it to fall on his own foot. Despite these arguments, defendants’ summary judgment motion was denied and the case was scheduled for trial. While awaiting trial, the parties agreed to participate in an arbitration. As a result of an arbitration award, the case was resolved for $410,000.00.
In May 2010, the trial lawyers at Frekhtman & Associates settled a trip and fall case in Brooklyn Supreme Court for $325,000. The plaintiff alleged that he tripped and fell due to a raised sidewalk in front of a Burger King in Brooklyn. He sustained a fractured wrist which required surgery. The defense argued that the plaintiff did not go to the hospital immediately after the fall and never reported the incident to anyone. This coupled with the plaintiff’s prior criminal history including convictions for forgery led the defense to argue that plaintiff did not really fall where he claimed. Plaintiff’s attorneys hired an orthopedic hand surgeon and an economist to prove the cost of past and future medical care. After negotiating the case for almost a month, the case was settled after jury selection and prior to opening statements.
Frekhtman & Associates settled a trip and fall accident case at a mediation in June 2010. A tenant in a two family house was exiting when she tripped and fell over one of two decorative flower pots lining the exterior steps leading to the home’s entrance. The accident happened at night and plaintiff claimed the area was not well lit. In addition, plaintiff claimed the flower pot was a dangerous obstruction of the passageway to her home and a violation of the fire code. After extensive negotiations, the defendants offered $150,000 to settle the claim. Plaintiff suffered an ankle fracture which required surgery.
The trial lawyers at Frekhtman & Associates recently scored a major victory by settling a car accident case for $100,000.00. Although the amount is not extraordinarily high, it is a significant result in light of the injuries sustained by the client and the current New York No Fault serious injury threshold law or Insurance Law 5102(d). The client sustained bulging discs to his cervical spine after the accident and had about 3 months of treatment. Usually such cases can be dismissed for lack of serious injury or failure to meet the minimal threshold needed under NY law. In this case however, the trial attorney was able to prove a serious injury by gathering competent medical evidence from all of the patient’s treating doctors and writing a strong brief on the issue. He then prepared the case for trial, selected a jury in Supreme Court Kings County, and then settled the action for $100,000.00.
A 26-year-old female alleged that she suffered a right tibial plateau fracture when she was struck by the male defendant’s vehicle, as she attempted to cross the roadway at a designated crosswalk. The plaintiff contended that the defendant operated his vehicle in a negligent manner, failed to keep a proper lookout, drove at an excessive rate of speed, and failed to yield the right-of-way to a pedestrian. The defendant denied liability and disputed the extent of the plaintiff’s injuries.
A question of traffic lights was at issue in a car accident case in Brooklyn, NY. Both drivers claimed the other ran a red light. The plaintiff suffered a torn ligament in his shoulder which was repaired through arthroscopic surgery. After extensive negotiations, the defendants offered $75,000 from their $100,000 insurance policy and while plaintiff’s attorneys urged him to proceed to trial to attempt to win the entire policy, the client decided to accept the settlement.
Frekhtman & Associates represents the family of slain dentist Daniel Malakov in a civil wrongful death lawsuit against Mikhail Mallayev and Mazoultov Boroukhova. The criminal trial against Mallayev and Boroukhova is currently pending in Queens. The trial started in early February 2009. The wrongful death action was filed in October 2008 and will proceed following the conclusion of the criminal trial. The wrongful death action is brought on behalf of Daniel Malakov’s daughter, Michelle Malakova, his brother Gavril Malakov, and other family members. This tragic story gained regional and national attention in October 2007 when Daniel Malakov was gunned down in a Queens playground while he was with his daughter. Authorities later arrested Mikhail Mallayev, a relative of Daniel Malakov’s wife, Dr. Mazoultov Boroukhova. Some time later, Boroukhova was arrested and charged with murder and conspiracy to commit murder. The prosecution in the criminal trial alleges Boroukhova hired Mallayev to murder Daniel Malakov because she refused to abide by the family court order granting Daniel custody of Michelle. Sources have indicated Boroukhova’s family threatened Daniel Malakov and his family weeks prior to the murder.
Frekhtman & Associates represents one of the children injured when a van driven by an employee of the China Chalet, Inc. plowed into a group of children who were walking on a sidewalk in lower Manhattan. Two children were killed as a result of this accident. A lawsuit has been filed in Brooklyn Supreme Court on behalf of the firm’s infant client by her mother and natural guardian.
Latest news stories about the Chinatown van accident case: NYDailyNews.com
Frekhtman & Associates is investigating an action involving an alleged failure to timely diagnose cancer in an infant. Despite frequent visits to a pediatrician, a 1 year old boy was diagnosed with neuroblastoma. Due to the severity of this disease, doctors have prognosed a 50-50 chance of survival. The boy’s parents claim they complained to the doctor about problems feeding, stomach pains, and other relevant symptoms. However, the doctor refused to order any diagnostic tests.
A severe head on collision occurred in January 2009 in upstate New York. A truck crossed over into the wrong lane of traffic and slammed into a car. The driver of the car suffered severe injuries and was hospitalized for a prolonged period of time. A lawsuit has been filed by Frekhtman & Associates on behalf of the car driver.
A tractor trailer rearended a private automobile in upstate New York in late 2007. A passenger in the car suffered severe injuries including quadriplegia or complete paralysis below the neck. Frekhtman & Associates has filed a lawsuit against the truck/ tractor trailer owner & operator as well as a lawsuit against the manufacturer of the car the plaintiff was sitting in. The latter action sounds in products liability for failure of air bags to deploy despite such a horrific crash.
New York Hospital causes severe burns and permanent injuries during routine IV placement Frekhtman & Associates is involved in the discovery phase of litigation against a major New York hospital. Allegedly, a nurse improperly inserted an IV which led to extravasation of potassium chloride into both of the patient’s arms and elbows. The patient required numerous skin grafts and surgeries to repair the horrific injuries and will be left with permanent scarring.
A man working demolition in a building under construction in Tribeca was caused to fall three stories when he stepped into an uncovered hole on the third floor of the building. As a result, he fell three floors down inside the building landing on a dirt basement. The young man was taken to a local hospital where he was treated and released. Miraculously he suffered no broken bones. However, due to extreme knee pain he is treating with an orthopedist and a Labor Law action is about to be filed.
Frekhtman & Associates represents a bicyclist who was struck by a driver operating a car owned by actress Drea DeNiro, the daughter of actor Robert DeNiro. The bicyclist suffered severe injuries and is still undergoing medical treatment. The case is in discovery at this time with a trial to be scheduled in late 2009.
Frekhtman & Associates represents a truck driver who was rearended by another tractor trailer in the Bronx. The case will be scheduled for trial in late 2009. It involved a total of four vehicles plus an unidentified fifth vehicle that fled the scene. Our client sustained horrible injuries to his elbow, wrist, and shoulde requiring a total of six surgeries. In addition, he recently underwent a spinal surgery to his lower back.
Frekhtman & Associates represents a man who suffered a severe brain injury after being caused to trip and fall hitting his head against a cement sidewalk. He was rushed to a hospital where a craniotomy was performed. Following the accident, the patient had memory loss, depression, inability to concentrate, and other symptoms consistent with traumatic brain injury. An MRI of the brain followed by a PET SCAN of the brain confirmed the traumatic brain injury diagnosis. Discovery is about to be completed in the next few weeks and a trial date should be scheduled in mid 2009.
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