Preparation of the Client for
Testimony;
Law Books in Review
Voir Dire for Selection of the Jury; Case & Comment
Opening Statement; The Practical Lawyer
Cross Examination; Queens Bar Bulletin, The Practical Lawyer, The
Practical Lawyer's Manual of Trial and Appellate
Practice
Used Video of Dead Plaintiff Dancing to Obtain $200K
The plaintiff, a NYC school teacher, was knocked down by 2
girl-students running in the hallway and suffered a hip
fracture -- she died of an unrelated cause prior to the
trial; defendant City of NY received the news and offered
only $50K at the trial.
A search for procedure to
recreate the dead plaintiff for the jury led me to use: 1) a
female stand-in that read from the dead plaintiff's EBT-transcript
-- and 2) a videotape that showed the dead plaintiff doing a
disco dance before she had the accident; during jury
deliberations defendant raised its offer to $200K -- it was
accepted by the Executor prior to verdict. Click
here
to see the videotape that I used to show plaintiff in her
pre-accident dancing days.
Used Subpoena During Trial to Obtain $150K
In a toxic spray case I appeared as trial counsel for a cleaning
woman who worked in a high-rise office building in Manhattan. She claimed that inhalation of a toxic spray, while she was
working, caused cognitive dysfunction and memory loss.
Defendant, the pesticide company that sprayed the building,
brought in special counsel from Chicago as my adversary. His
client would testify that it gave prior notification to the
building about the planned visit for spraying -- an absolute
defense. Env. Cons. Law Sec. 33.
To raise an issue over credibility I obtained and served a Judicial Subpoena
ordering defendant to produce a copy of the exact notice that was given. Instead of doing so it
opted to settle the case at our figure of $150K.
Won $65K Verdict in 325(d) Case
Latest verdict in a 325(d) case in New York County; issue of
product liability -- exercise machine caused laceration to leg
of an elderly woman while she was using it for 'PT'. There was
no permanency -- top offer of $20K prior to verdict. Verdict for
$65K.
This case became part of a
study by the Rand
Institute for Civil Justice.
Won $150K for Ceiling Collapse Despite Pre-existing Injury
Ceiling collapse; hospital records showed pre-existing injury to
tenant's shoulder before ceiling fell on it -- final settlement
offer of $25K before trial. Verdict for $150K.
Obtained $100K for Ceiling Collapse Despite Location in
Vacant Area
Ceiling collapse; photos showed vacancy of impact area due to
renovation of apartments in building -- final offer of $15K
before trial. Verdict for plaintiff on issue of liability and
case settled for $100K.
Obtained $655K for Cognitive Deficits Despite Pre-existing Brain
Tumor and Radiation Treatment
Auto accident caused by hit
in rear to plaintiff cab driver; prior medical history of
massive radiation to his head, for treatment of childhood tumor,
used by defendant to explain plaintiff's cognitive deficits --
final offer of $100K before trial. Verdict for $655K.
Created Income Chart that was Used to Obtain $125K for Nurse Who
Became a Supervisor After Accident
Claim for lost
earnings when floor-nurse lost her $5.6K/month job after auto
accident; was out-of-work for two months and received assorted
compensation until start of new job as nursing supervisor --
settlement offer of $15K. Use of
Income Chartat trial led to settlement
for $125K during jury deliberations.
$63.5K for False Imprisonment of Cab Driver Who Spent One
Night in Jail
Last trial as an associate of a plaintiff's attorney; claim of
false imprisonment -- cab driver was arrested and spent one
night in jail after owner complained to police that the cab had
been stolen. Case ordered to trial when plaintiff's only medical
witness was out-of-town on a lecture tour -- settlement offer of
$5K. Verdict for $63.5K in current dollars.
Melvin
Dubinsky · 170 Broadway · New York, NY 10038
Tel. 212-233-4354 · Fax 212-233-1150
