. .

Attorney(s) for Plaintiff:
Philip L. Franckel, Esq. and Robert T. Plevy, Esq.

$1,000,000 RECOVERY – Premises Liability – Hazardous premises – Forklift negligence – Plaintiff contends she was knocked down by forklift operator in defendant’s produce warehouse that is open to public – Aggravation of preexisting condition of cervical herniation – Additional cervical fusion surgery – Future care.

Bronx County, NY

The female plaintiff, age in her early 60s, contended that as she was shopping in defendant’s warehouse, the defendant's forklift operator failed to make observations, striking her with the forklift and knocking her to the ground. The defendant could not locate the forklift operator allegedly involved and questioned whether the incident occurred.

The plaintiff contended that she reported it when it occurred and that the failure of the defendant to take and retain an incident report did not reflect that the incident did not occur. The plaintiff's motion for Summary Judgment on liability was granted.

The plaintiff had undergone a cervical fusion approximately ten years earlier. She maintained that she suffered an aggravation and the plaintiff's orthopedist related that she needed a new fusion at the same level. The plaintiff contended that she will require future care, including probable surgery, and the plaintiff physiatrist expert discussed approximately $700,000 in future economic costs. The case settled after depositions for $1,000,000.

Plaintiff's orthopedic surgeon expert: Sebastian Lettuga, MD from New York, NY. Plaintiff's physiatrist expert: Santo Bifulco, MD from Tampa, FL.

Bracho vs. Aramex Global Trading, Inc., et al. Docket no. 22886/13; Judge Maryann Brigantti-Hughes, 01-00-16.

Attorneys for plaintiff: Philip L. Franckel, Esq. and Robert T. Plevy, Esq. of FRANCKEL & PLEVY, LLP in Roslyn, NY.

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