Motor Vehicle Accident Settlements Manhattan, New York

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Pedestrian Hit by Truck Settlement $2.6 Million

Mitchell Proner was successful in getting a $2.6 Million settlement for his client who sustained head and ankle injuries when she was hit by a truck while crossing the street on a dark rainy night. The settlement was especially appreciated by his client because another prior attorney, that Mr. Proner substituted, wanted to settle the case for $1.2 Million.

When someone is unhappy with their attorney they have the right to changes lawyers at anytime. Mr. Proner’s client came to him under these circumstances, Sheila Hurley was not originally represented by Proner & Proner. In the Fall of 2006, Ms. Hurley was unhappy with the advice her attorney was giving her. Her attorney had recommended a settlement of $1.2 million. This prior attorney said it was a fair offer because there was only $2 million in insurance coverage. He also said that she had a difficult claim because she did not remember how her accident happened and there were no eyewitnesses to support her story.

After searching for a new attorney to get a second opinion, she decided to hire Proner & Proner. Mr. Proner immediately began motion practice and discovered that it was $3 million in coverage, not $2 million in coverage. The insurance company lawyers were playing tricks or were simply sloppy. Mr. Proner went to the accident scene, interviewed witnesses, and hired new experts. Mr. Proner was able to settle the claim on the eve of trail for $2.6 million.

The facts of the accident are as follows:
Sheila Hurley, a 49-year-old registered nurse, was walking to go to work during a rainstorm at 11:30p.m. on April 26, 2004 when she was struck by the defendant’s motor vehicle while attempting to cross the street at the intersection of 1st Avenue and Houston Street in New York, New York. The accident was witnessed by a woman approximately 20 feet away. The witness could not place the plaintiff, who was wearing a black raincoat, in the crosswalk prior to the accident and was unsure what color the traffic light that controlled the intersection was. The plaintiff sustained a fractured ankle and traumatic brain injury which required a craniotomy, and has post traumatic amnesia and no recollection of the accident.

Although the plaintiff was able to resume many of her normal daily activities, she continued to suffer from significant cognitive deficiencies and behavioral changes. She was permanently disabled from returning to her employment as a nurse as a result of the accident. In addition, she sustained medical expenses totaling approximately $125,000.

Plaintiff alleged that defendant was negligent in not seeing the pedestrian in the crosswalk and striking the pedestrian with defendant’s truck. Defendant alleged that the plaintiff walked off the curb into the path of the truck, against the light and outside of the crosswalk. The plaintiff obtained an order precluding the defendant driver from testifying at trial due to his failure to appear for a court ordered deposition.

Result:
Settled on the eve of trial for $2,600,000.00

Proner & Proner Wins Jury Trial in Scooter Accident Case October 2006

On October 12, 2006, Mitchell Proner wins another jury trial in the case of Conlin v. Rob’s Towing, Supreme Court, Suffolk County in the State of New York. This case was referred to Mitchell Proner for trial by the attorney of record Gino Giorgini, Esq. The accident took place on April 14, 2001. At the time of the accident Mr. Conlin was riding a scooter and was hit by a flat bed tow truck. The tow truck was turning into a driveway to unload a car it was carrying on the flatbed. Mr. Conlin was going straight. At the accident scene, Mr. Conlin received three tickets, all of which were dismissed. The police report had the cause of the accident as being Mr. Conlin’s failure to see the tow truck. Mr. Conlin gave sworn testimony at his deposition prior to trial that he never saw the tow truck, not even a second before. Mr. Giorgini demanded the entire insurance policy of $300,000 on his client’s behalf. The insurance company refused, saying the accident was Mr. Conlin’s fault since he failed to see the tow truck.

In a four day trial, Mr. Proner used eye witness and engineering testimony to convince the jury of the tow truck’s fault for the accident. After Mr. Proner’s successful jury verdict on Mr. Conlin’s behalf, the insurance company for the towing company paid the entire insurance policy of $300,000.

Recovery: Eight Hundred Thousand ($800,000) October 17, 2005

Facts: Two sisters were passengers in a car involved in an intersection accident with a van transporting handicapped adults. There was an allegation of a missing stop sign. One sister sustained a broken ankle and the other sister, a closed head injury.

Recovery: One Million One Hundred Sixty- Five Thousand ($1,165,000) July 12, 2005

Facts: A 17-year-old girl was injured when she was a passenger in a car driven by her sister that skidded on ice into oncoming traffic. Proner & Proner were successful on general negligence and roadway defect claims. The plaintiff sustained a broken hip and a ruptured diaphragm.

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