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Cases Won by Our Personal Injury Lawyers in New York City
We recovered more than 15 million dollars for our clients last year! Our personal injury lawyers in New York City continue to provide our clients with the finest legal representation available. Because our lawyers are the leading experts in motorcycle accidents, auto accidents, and personal injury lawsuits, Proner & Proner is able to consistently achieve outstanding results for injured victims throughout the nation. The diligence, experience, and tenacity that our personal injury lawyers demonstrate will give your case the best chance for a successful resolution.
If you would like to speak with the personal injury lawyers at our New York City office about your case, we encourage you to contact Proner & Proner today for a free case review.
Here are some recent examples of cases handled by our personal injury lawyers:
Motorcycle Accident Cases
Mitchell Proner wins 3.3 million dollar verdict.
In April 19, 2007, a Supreme Court New York County jury returned a verdict in the case of Florencio Hernandez v. Michelle Vavra , Liberty Lines, Inc., Evelio Torres and Mungo One, Inc, awarding the Plaintiff, Mr. Proner's client Florencio Hernandez $3,309,000. The case was tried before the Honorable Justice of the Supreme Court Carol Huff. The award came on a case the Defendants were only offering $150,000 prior to trial. Mr. Hernandez suffered a stroke while in the hospital after being struck as a pedestrian by a taxicab that was involved in an accident with a bus.
The Defendant's claimed his stroke was unrelated to the accident and was because he had seven high risk factors for a stroke unrelated to the accident including prior strokes, diabetes, high blood pressure, a history of heart ailments, arteriosclerosis, and smoking. When the accident happened Mr. Hernandez was already disabled from his prior heart condition unrelated to the accident and was in fact walking to his doctor's office for a post operative visit to his Doctor after having four heart stints placed one week prior to the accident. Mr. Proner obviously convinced the jury that Mr. Hernandez's stoke was related to the accident and his quality of life subsequent to the accident was greatly diminished.
Motorcycle Accident Claim Settles August 2006
In August 2006 Mitchell Proner settled a motorcycle accident claim on behalf of a Proner & Proner client for $900,000. The case involved a broken ankle sustained in an intersection accident in February 2004 in Queens, New York. The defendant driver drove his car making a left turn into the path of the motorcycle. Mr. Proner convinced the insurance carrier the accident was the fault of the car driver and the injuries sustained had a permanent effect on the health and earning capacity of his client. His client was very satisfied with the settlement and is setting up a college fund for his child and is buying a home. He has also already purchased three motorcycles with the settlement proceeds.
Proner & Proner Wins Jury Trial in Car Accident Case August 2006
Mitchell Proner was again successful in another jury trial. On August 17, 2006, two clients from the law firm of Proner & Proner were awarded $1,100,000 after a jury verdict in Kings Count Supreme Court New York State. The clients were injured in an accident that took place in 2003 when the car they were passengers in hit a guardrail. The clients each sustained a broken wrist. Prior to the trial the defense attorney said the case was not worth over $100,000. After the jury verdict the defendant settled the case for the entire amount of the $1,100,000 verdict, subject to a confidentiality agreement that prevents us from disclosing more details of this significant recent victory.
Proner & Proner Wins Jury Trial in Motorcycle Accident Case July 2006
In Supreme Court, Suffolk County Mitchell Proner was successful in the case of Gorden v. Usry in proving the accident was 100 percent the fault of the defendant, Usry. Mr. Proner represented Mr. Gorden who sustained a shoulder injury in November of 2002 when he laid down his motorcycle after he claimed the car being driven by Mr. Usry went through a stop sign.
The police at the scene let Mr. Usry go, saying there was no contact between the vehicles. Mr. Usry’s name did not even appear on the police report. The police attributed the fault of the accident to Mr. Gorden for losing control of his motorcycle because he thought a car was going to go into the intersection. Mr. Gorden saw Mr. Usry’s vehicle in the neighborhood after the accident, got the license plate, and contacted Mr. Proner.
After a three-day trial, Mr. Proner proved to the jury that it was not the motorcyclist who was at fault for the accident but the defendant, Mr. Usry. This was a significant victory because not only did the police officer blame the motorcyclist but the defendant car driver was an ordained minister who appeared in court with full clerical garments including the white collar. The insurance company for the defendant settled the case for the entire insurance policy of $100,000 after the trial.
Recovery: Two Hundred Thousand ($200,000) April 24, 2006
Facts: A 34-year-old riding a Harley-Davidson on the Major Deegan Parkway in New York City got side swiped by 81-year-old defendant driver. The rider of the motorcycle refused medical attention at the scene and drove the motorcycle home from the accident. Two years later, the rider underwent surgery for carpal tunnel syndrome, which his doctor was able to attribute to his accident.
Recovery: Nine Hundred Thirty Thousand ($930,000) November 21, 2005
Facts: A 47-year-old home improvement contractor was riding a custom Harley-Davidson motorcycle when he was hit by a car pulling into the roadway from a Long Island shopping mall in Rocky Point, New York. The motorcyclist sustained two broken legs.
Recovery: Four Hundred Eighty Thousand ($480,000) November, 21 2005
Facts: A 52-year-old motorcyclist driving a 1974 custom Harley Davidson was killed in an intersection accident in Binghamton, New York. The plaintiff was successful in showing that the defendant was driving during his employment as a civic club officer.
Recovery: One Hundred Twenty Thousand ($120,000) August 31, 2005
Facts: A twenty-three-year-old motorcyclist on a custom Harley-Davidson in Milford, Connecticut was hit by a right turning car. The motorcyclist sustained a broken wrist.
Click here for more information about motorcycle accidents.
Personal Injury Cases
$5,100,000 Settlement
Mitchell Proner was recently successful in settling the personal injury claim of Donna Newcomer for $5,100,000. Ms. Newcomer’s claim was for injuries she sustained on September 17, 2003 when her bicycle was struck by and pulled under an 18 wheel tractor-trailer in Lancaster, Pennsylvania. The tractor trailer was owned by the defendant Armstrong World Industries.
Initially Ms. Newcomer contacted a local Lancaster attorney, but he failed to return her phone calls and never actually agreed to represent her. This was probably due to the fact that the police report, which included the names of six independent witnesses, indicated that the accident was Ms. Newcomer’s fault. After investigating the accident scene and interviewing the witnesses, the officer who prepared the report concluded that Ms. Newcomer had failed to stop a the corner while the truck was making a right hand turn and had driven her bicycle into the side of the truck. Ms. Newcomer, however, claimed that she had stopped on the sidewalk and when she realized that the rear wheels were going to come up onto the sidewalk, she attempted to peddle out of the way and in the process the bike’s handle bar struck the trailer and she fell under the truck. The wheels of the trailer ran over her right leg and she subsequently had to have it amputated at Lancaster Hospital.
Mss. Newcomer was still in a rehabilitation facility when her sister did some research online and contacted Mitchell Proner of the Law Offices of Proner & Proner. Mr. Proner agreed to come to Lancaster Pennsylvania that same day. Mr. Proner traveled from Manhattan, New York to Lancaster. He listened to Ms. Newcomer’s version of what had happened to her and immediately agreed to represent her. Within 24 hours of having been contact by Donna’s sister, Mr. Proner was already working on the case.
In the beginning, it did not look like Ms. Newcomer was going to be successful as she eventually was in obtaining a multi million dollar settlement. In addition to having to deal with a police report which indicated that the accident was entirely Ms. Newcomer’s fault, the case had to be brought in Lancaster County. Lancaster is known to be one of the worst places in Pennsylvania for an accident victim to bring a law suit because the juries there are very conservative and do not like to award large sums of money to personal injury claimants.
When Mr. Proner initially contacted Armstrong’s attorney, they professed shock that he had even agreed to take the case in light of the information contained in the police report. Mr. Proner, however, commenced his own investigation and personally interviewed the witnesses listed on the police report. He subpoenaed each of them to give a deposition and it soon became clear that the witnesses weren’t at all as sure of what they had seen as the police report indicated. Mr. Proner’s handling of the witnesses provided to be the turning point in the case and Armstrong started taking the claim seriously.
Mr. Proner hired an Accident Reconstruction Engineer, a trucking expert, numerous medical experts, a life care planner and had a computer animation done of the accident. He notified Armstrong that he intended to call at least 15 witnesses to testify on Ms. Newcomer’s behalf at the trial which was scheduled to begin on September 17, 2007. Three days before the trial was scheduled to start, Armstrong, who had been vigorously defending the case for nearly four years, agreed to pay the $5,100,000.00 which Mr. Proner was demanding. Ms. Newcomer is currently looking into options with regard to a structured settlement to provide for the even greater financial gain in the future.
Premises Liability Cases
Recovery: Six Million Nine Hundred Thousand ($6,900,000) November 3, 2005
Facts: Proner & Proner served as lead counsel for two victims and four other law firms in this lawsuit arising from a hotel fire where homeless families were placed for temporary shelter. A fire was started by a tenant of the hotel who was using drugs. Proner & Proner recovered on claims that the hotel and the City of New York did not have an adequate fire safety plan.
Recovery: Two Hundred Twenty Thousand Dollars ($220,000) September 14, 2005
Facts: A 74-year-old woman fell down an open trap door at a tile store. She sustained a broken wrist and a laceration on her forehead.
Click here for more information about premises liability.
Car Accident Cases
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.
Click here for more information about car accidents.
Contact Our Personal Injury Lawyers in New York City
For expert representation in your legal case, contact the personal injury lawyers of Proner & Proner in New York City. We have recovered millions of dollars for our clients throughout the state of New York and the country, and we may be able to do the same for you. Your case review is free, so speak with one of our attorneys today.
