Nelson Viruet v. American United Transportation, Inc. – NY Civ. Ct., Index #: TS-300035-18/NY

Congratulations to Ivan J. Rodriguez for his successful liability verdict on this disputed intersection accident. This is a two car accident in an intersection. The jury rejected the defendants’ claims that the plaintiff was either fully or partially to blame for the accident and determined that the defendants were 100% responsible.

Della Scruggs v. MVAIC – Kings Civ. Ct., Index #: TS-300257-16/KI

Congratulations to Ivan J. Rodriguez for his successful liability verdict on this disputed pedestrian knock-down case. This is an accident involving a pedestrian who was struck by a vehicle. The defendant claimed that the plaintiff stepped off the curb into the path of a moving vehicle. The jury rejected the defendants’ claims that the plaintiff was to blame for the accident and determined that the driver was 100% responsible.

$275,000.00 settlement obtained for an undocumented immigrant who sustained a head injury as he was riding a bike and was struck by a vehicle. At the time of the accident, the bicyclist, was legally intoxicated, he was riding the wrong way in traffic and was not wearing a bicycle helmet. Our investigation revealed that the defendant driver was partially responsible for failing to avoid striking the bicyclist. In addition to the $275,000.00 we obtained payment of approximately $98,000.00 for payment of his medical bills and an additional $15,000.00 for his lost earnings.

Jose A. Rodriguez v. Jose Batista, Bx. Sup. Ct., Index #: 22187/15

Congratulations to Ivan J. Rodriguez for his successfully defending the defendants’ motion to dismiss the plaintiff’s case. Rosenberg & Rodriguez represents the plaintiff in this personal injury case stemming from a motor vehicle accident. The defendants recently made a motion to dismiss the plaintiff’s case arguing that the plaintiff had not sustained a serious injury and that the plaintiff’s complaints are the result of a prior accident that the plaintiff had been involved in.

Rosenberg & Rodriguez opposed the defendants’ motion and demonstrated that sufficient evidence existed to allow the case to proceed to trial, thereby defeating defendants’ motion to dismiss. The case is on-going and the trial is expected to take place in 2019 in the Bronx County Supreme Court.

Nelson Viruet v. American United Transportation, Inc. – NY Civ. Ct., Index #: TS-300035-18/NY

Congratulations to Ivan J. Rodriguez for his successful trial motion to preclude bio-mechanical engineer Kevin Toosi, PhD from testifying at the trial of this motor vehicle accident case. This is a low-impact car accident case resulting in injuries to the plaintiff. The defendants hired a bio-mechanical engineer who reviewed certain accident related materials and prepared a report on behalf of the defendants, opining that the relatively low impact of this accident could not have resulted in the plaintiff’s claimed injuries.

Mr. Rodriguez, after analyzing the expert’s report and conclusions, determined that the expert was relying on incomplete and inadmissible evidence. Mr. Rodriguez filed a motion on behalf of the plaintiff to prevent the expert from testifying at the trial. The defendants vigorously opposed the motion. The trial judge, after reviewing the papers submitted by both sides, agreed with our position, granted the motion and prevented the expert from testifying at the trial. The court’s decision is attached here.

Fausto Ortiz v. Luis A. Almonte, Index #: 23847/15

Congratulations to Ivan J. Rodriguez for his successful summary judgment motion in this personal injury case stemming from a 2015 motor vehicle accident. It was our position that the accident was caused solely by the negligence of the defendant in this case. The defendant claimed that he was not responsible for the accident and/or that plaintiff bears some responsibility for the car accident. The court agreed with our position and granted our motion. Having proven that the accident was solely the fault of the defendant, the trial of the case will proceed solely on the issue of the extent of the plaintiff’s injuries.

Congratulations to Ivan Rodriguez for obtaining a $760,000.00 jury verdict for a 63-year old livery taxi driver who was involved in a rear-end collision and sustained injuries to his lower back and knee.

The defendant who rear-ended the plaintiff claimed that the impact was moderate. The defendant driver also claimed that the plaintiff was not really injured because immediately after the accident he exited his vehicle and removed several pieces of heavy luggage from the trunk for his passengers. She also claimed that the plaintiff picked up the plastic cover of from his rear-bumper and tied it to the vehicle. The defendant’s insurance company only agreed to pay for the damages to the vehicle and refused to offer any money for the plaintiff’s injuries. Right before the trial the defendant’s insurance company offered $50,000.00 to settle the case. We refused the offer and proceeded with the trial.

In an effort to show that the plaintiff didn’t sustain any injuries, the defense attorneys hired numerous experts including an accident reconstructionist, a biomechanical engineer, a radiologist and an orthopedic surgeon. The accident reconstructionist and biomechanical engineer worked together to prepare extensive reports arguing that the impact was not severe enough to cause the back and knee injuries the plaintiff claimed to have sustained.

The defendant’s radiologist reviewed the plaintiff’s MRI films and claimed that there were no accident/trauma related injuries and that the plaintiff was suffering from arthritis and other age-related degenerative conditions that existed for years before the accident.

The defendant’s orthopedist examined the plaintiff prior to the trial and claimed that the plaintiff had no symptoms or limitations as a result of the accident. The orthopedist also claimed that the plaintiff had arthritis and age-related degenerative conditions that existed for years before the accident.

At trial we were able to demonstrate that the calculations and conclusions of the accident reconstructionist and biomechanical engineer were flawed and that the impact was severe enough to have caused the lower back and knee injury that our client sustained. In addition, the orthopedic expert and pain management expert we hired for the trial testified and opined that the plaintiff’s injuries were caused by the accident. After the 10 day trial the Brooklyn jury found in our favor awarded our client a total of $760,000.00 for his injuries.

Congratulations to Ivan Rodriguez for obtaining a $817,000.00 jury verdict for a teenage girl who had been a passenger in a mini-school bus involved in an intersection accident with another vehicle and sustained a fractured leg.

The school bus driver denied responsibility for the accident claiming that the accident occurred when an unidentified car cut her off causing her to swerve and collide with another vehicle. The defense attorneys acknowledged the plaintiff’s leg injury but claimed that any monetary award should be limited because the plaintiff made a full recovery from her injuries.

At trial we were able to demonstrate that the mini-school bus driver was fully responsible for the accident and that the plaintiff continued to have residual symptoms as a result of her leg injury. The Manhattan jury found in our favor and awarded our client a total of $815,000.00 for her injuries.

A 41 year old male, on a business trip in New York from California, slipped and fell on a freshly mopped interior stairwell in a Manhattan hotel. As a result of his fall he sustained an injury to his non dominant shoulder which required two arthroscopic surgeries. The settlement was reached prior to trial in New York County.

New York County Supreme Court, Index # 104843/08

Rosenberg & Rodriguez successfully moved for summary judgment on the issue of liability and for the dismissal of the defendants’ liability related affirmative defenses. This personal injury and wrongful death case stems from a two-car accident that resulted in the tragic death of two year-old child who was a passenger in one of the involved vehicles. The child’s mother, also a passenger, sustained psychological and emotional injuries from witnessing the death of her child.

The defendants claimed that they were not responsible for either the child’s death or the mother’s resulting psychological injuries because the mother allegedly failed to restrain the child with a seat belt or in a car seat. The defendants also moved to have the mother’s claims dismissed based on her alleged failure to sustain a “serious injury” pursuant to the NYS Insurance Law.

R&R moved to have the defendants’ liability defenses dismissed and opposed the defendants’ motion to dismiss the mother’s case. R&R succeeded in having all of the defendant’s liability defenses dismissed by convincing the New York County Supreme Court that, under the current law, a passenger has no duty to restrain another passenger in a motor vehicle and cannot be held accountable for failing to do so. R&R also successfully obtained summary judgment on the issue of liability. Finally, R&R successfully opposed the defendants’ motion to dismiss the mother’s case by demonstrating that there is significant evidence of the “serious” nature of her psychological injuries. The case is scheduled for trial in early spring of 2012.