by Long Island Attorney Paul A. Lauto, Esq.
Long Island Lawyer
Paul A. Lauto, Esq.
by Long Island Attorney 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.
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by Long Island Attorney 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. by Long Island Attorney 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. by Long Island Attorney 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. |
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March 2024
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