by Long Island Attorney Paul A. Lauto, Esq.

A Long Island man, Thomas Arnold, detected a malfunction in his swimming pool pump, recently installed at his East Yaphank home by Swim King Pools.  Arnold called Swim King pools and advised them of the defect and that the pump's sandy filter media was being expelled into the pool.  A representative reportedly advised him to tighten one of the pump's clamps to remedy the problem.  Upon doing so and after reactivating the pump, the pump's lid allegedly blasted off striking Arnold in the face.  Arnold sued, among others, Swim King Pools claiming negligent installation of the pump and negligence in failing to properly instruct him on how to fix the pump.  

Plaintiff sustained a laceration to his face, extending from his forehead down across his nose and right cheek, with claimed significant residual scarring.  Plaintiff further maintained that he sustained brain damage with resultant persistent vertigo, headaches and impaired balance. 

Defendant maintained that they were not negligent, in that proper maintenance was exlplained upon installation of the pool.  Further, that all purchasers receive a manual explaining how to deactivate and reactivate the pump.  As to plaintiff's injuries, defendant denied the existence of brain injury and maintained that plaintiff's scar healed well. 

The parties negotiated a pre-trial settlement in the amount of $150,000.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

A 2 year old boy was scalded by a shower head in a bathroom apartment, allegedly due to a defectively installed temperature regulating valve.  Plaintiff alleged that the defective shower head, was such that it would unexpectedly disperse hot streams of water at up to 160 degrees Fahrenheit. 

The boy sustained second and third degree burns to his back and buttocks that required skin grafting and left significant residual scarring.  Plaintiff's medical expert stated that although the residual scars could be diminished, it would require between 5 and 17 surgeries to do so.   The defense's medical expert stated that the scars could not be diminished by any procedure.

The plaintiff and defendants including the residence's owner, the residence's managing agent and the plumbing company that installed the valve, agreed to a pre-trial settlement in the total amount of 4 million dollars.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

In March 2012 Yahoo filed a lawsuit against Facebook alleging infringement of 10 of its patents related to advertising, privacy, customization, messaging and social networking.  Facebook counterclaimed alleging patent infringement by Yahoo.

All claims have been settled with no money transferring hands.  The settlement agreement includes a new "advertising partnership" between the two mega companies.  Yahoo's decision to bring suit against Facebook, was the unpopular brain trust of former CEO Scott Thompson.  Thompson lasted only four months on the job and was replaced in May 2012, as a result of his embellished resume.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

Wells Fargo Bank allegedly discriminated against minority borrowers in violation of the fair lending laws from 2004 to 2009.  The claimed result was approximately 34,000 borrowers paying higher interest rates on loans based on the color of their skin.

The Justice Department announced that Wells Fargo has agreed to settle the matter for approximately 175 million dollars.  A total of 125 million will be paid in compensation to the alleged discriminated borrowers.  In addition,  25 million will be paid as down payment aid to borrowers in areas claimed to have been heavily discriminated against, such as New York City.  This settlement is the second largest of its kind on record.

Long Island Lawyer
Paul A. Lauto, Esq.

In December 2007  a 5 year old girl was struck by a car  while crossing Fulton Avenue in Hempstead, NY.  In that the crossing is located near an elementary school and high school, a crossing guard was present at the time of the accident.  As a result of the accident, the girl suffered multiple fractures and traumatic brain injuries.  Today, among other things, the now 10 year old girl remains in a wheelchair, unable to speak, blind in one eye and needs assistance to eat.  The case has settled with Hempstead Village for $16.6 million dollars.

Long Island Lawyer
Paul A. Lauto, Esq.

A woman who bought a pair of boots at the Farmingdale Target in January 2007, claims she was seriously injured when she tried on the boots at home.  It is claimed that upon trying on the boots, a nail sticking up in the boot pierced her foot resulting in Complex Regional Pain Syndrome.  As a result, the now 45 year old woman has been walking with a cane ever since.  The manufacturer of the boots, ITC Trading Co., has agreed to pay $400,000 of the settlement and Target has agreed to pay the remaining $100,000.  The time is long past due, to re-evaluate our consumer protection laws, especially with regard to quality control. 

Long Island Lawyer
Paul A. Lauto, Esq.

A Supreme Court in Australia has ordered KFC to pay $8.3 million dollars to a 7 year old girl, who allegedly sustained food poisoning after eating a Twister wrap sandwich.  Unfortunately, the young girl suffered from a brain injury known as salmonella encephalopathy.  Her claimed injuries include among other things, severe cognitive impairment, motor skills impairment, speech impairment and quadriplegia.  The judge found that KFC employees were negligent in failing to follow proper preparation rules.   Perhaps the money will help pay for a lifetime of medical care and expenses, but no amount of money will ever bring back the quality of life forever lost by that 7 year old girl.  KFC plans to appeal the decision.

Long Island Lawyer
Paul A. Lauto, Esq.

The Town of Smithtown recently settled a case after trial with a Shirley woman, who was injured in the lobby of the water district office.  The claimant was  cleaning the lobby, when an unsecured decorative fire hydrant fell on her left foot.  The claimant sustained multiple serious injuries and was out of work for an extended period of time.  

 The jury verdict held the Town of Smithtown 60% liable and the claimant 40% liable.  The case was subsequently settled for $50,000.  Pursuant to New York's comparative fault law, the value of a case is reduced proportionately based on claimant's share of liability.  Accordingly, had the claimant not been deemed contributorily negligent in the happening of the accident, her case would have had a value of approximately $83,333.  That is a reduction of over $33,000 that claimant would have likely received, if her case was at full value.

This settlement helps demonstrate that every case is unique and that to compare one case to another based upon the money received, is often a very innacurate comparison.

Long Island Lawyer
Paul A. Lauto, Esq.