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Ruby vs. Budget Rent A Car — Kreindler & Kreindler recovers nearly $20 million for a
pedestrian paralyzed by a negligent driver. The case represents one of highest personal injury
awards ever upheld in New York State, with a record setting award for future pain and suffering.
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Dodge v. Arda Tezel — $13 million Jury Verdict for a Pedestrian Seriously Injured by a
Negligent Driver.
In a case tried by James Gotz from our Boston office, a jury awarded our client $13
million plus interest for the debilitating injuries that he suffered after being run down by a motor
vehicle driven by the defendants. This represents one of the largest personal injury jury verdicts
in recent Massachusetts history, and the largest in a single victim motor vehicle case.
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Datillo v. Arbella Mutual Ins. Co. — $1.1 Million Judgement, Including Attorney's Fees, in
an Insurance Bad Faith Case Involving a $20,000 Insurance Policy.
Massachusetts is known as a jurisdiction where plaintiffs are seldom successful asserting
claims for the bad faith claims practices of liability insurance carriers. Recently, however, Joe
Musacchio of Kreindler & Kreindler's Boston office successfully sued an auto insurer for bad
faith claims practices and obtained a judgement of $1,100,000 against Arbella Mutual Insurance
Company, a large auto insurer in Massachusetts. In refusing to pay a policy limits demand of
$20,000, the insurer now has to pay more than fifty times that amount. And, as a result, our
client will receive full compensation for her injuries rather than being limited by inadequate
insurance coverage.
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Corino v. Gobbler's Knob Hunting Club — $3.3 Million Settlement for Deer Hunter shot by
Fellow Hunter.
New York partner Noah Kushlefsky teamed with a prominent New Jersey firm and
obtained a multimillion dollar settlement for a man who was shot twice by a fellow hunter and
seriously injured while participating in an organized deer hunt using the "drive" method.
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Toxic Tort Case — Confidential Settlement in Case Arising out of Release of 30 Tons of
Refinery Catalyst in a Small Town.
The firm joined forces with two well known sole practitioners in Northeastern Wyoming
to represent nearly fifty residents of a small town who were sickened when 30 tons of catalyst
used to refine crude oil was accidentally released overnight from a local oil refinery's emission
stacks and blanketed the town. The catalyst, which was in powder form, contained a variety of
heavy metals, toxins and allergens. Physical reactions to the exposure included skin rashes and
lesions and upper respiratory distress.
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Delsignore v. Rudolf - Settlement in Case Against Parents Who Gave Reckless Driver Son
a Sports Car and Racing Lessons.
Negligent entrustment is a seldom used theory of liability where a party can be held liable
for negligently allowing another to use an instrumentality (in this case a car) that causes injury to
another. In the Delsignore case, parents who knew that their son John had a terrible driving record,
including accidents, license suspensions and a drunk driving arrest, nevertheless bought him a sports
car and sent him to race car driving school. As a result, an innocent young women was killed and
our client was seriously and permanently injured in an accident caused by the son.
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Confidential Settlement on Behalf of Family of 13 year Old Boy Thrown from Whale
Watching Ship.
New York Partner Justin Green recently settled a case involving a Boy Scout who was
thrown from a whale watching ship into the Atlantic Ocean off of Cape May, New Jersey. The
accident occurred when the boy and several of his fellow scouts were standing on the bow pulpit
of the ship as the captain navigated at full speed in rough waters toward the whale watching area.
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Forst v. Italy Tours — $245,000 Settlement for family of 82 year-old Woman who Fell
and Died Stepping off a Tour Bus in Italy.
Cases against United States based tour operators for injuries occurring in foreign countries are rarely successful. The tour companies routinely hire foreign independent contractors to
provide services to their customers, and U.S. courts ordinarily don't have jurisdiction over them.
The U.S. based tour companies are generally not liable for the negligence of the independent
contractors, absent a special relationship which creates liability. Even when that relationship can
be established, the tour companies try to invoke the doctrine of forum non conveniens, arguing
that the case is best heard in the country where the accident occurred.
Kreindler & Kreindler Partner Noah Kushlefsky refused to be deterred by this
conventional legal dogma, and spent years fighting in Massachusetts state court for the family of
an elderly woman who died while on vacation in Italy. The settlement of the case marks one of
the few times a plaintiff has successfully sued a U.S. tour operator for an accident on foreign soil.
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Settlement in Military Case involving Crash of Navy MH-53E Helicopter in Italy.
Counsel Frank Fleming and Associate Michael Sherwin, joined by James Furman of Byrd,
Davis & Furman, of Austin, Texas, recently settled cases involving the deaths of U.S. Navy
personnel in the July 16, 2003 crash of a U.S. Navy MH-53E helicopter near Sigonella, Italy.
Both the amounts of the settlements and the technical allegations against the manufacturer of the
helicopter are the subject of protective orders and are confidential.
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Cohade v. Qual-Craft Industries — $2 million Verdict on Retrial after Appeal which Created New Law in Connecticut.
Kreindler & Kreindler LLP teamed with a Connecticut law firm and represented two
construction workers severely injured when a defective roof bracket failed and caused a roof
scaffolding to collapse during construction at the New Canaan Nature Center. The case was tried
twice to verdict and went up to the Connecticut Supreme Court during the 8 years that it was
litigated before the final victory.
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Giraud v. HSI Productions, Inc. — Kreindler & Kreindler LLP assembles a team to recover a
downed helicopter and the crash victims off of a remote glacier, which leads to a successful
wrongful death prosecution.
In 1999, Paul Giraud was hired to director a Nissan XTerra commercial. The script called
for an ice-climber to claw his way up a glacier to reach a vehicle perched on top. The location of
the shoot was the Llewellyn Glacier in British Columbia, Canada. A Bell 206L-3 Long Ranger
helicopter and pilot from Trans-North helicopters were hired and a film crew was brought in. On
June 22, 2000, four men were on board the helicopter as it flew low level passes across the glacier
and over the ice climber: Paul Giraud was in the left front seat; the pilot occupied the right front;
and two cameramen sat in the back two seats.
As the helicopter made a run over the glacier, the pilot lost control. The main rotor struck
a protrusion of ice along a crevasse, causing the main rotor to break and the helicopter to slam
into an ice-wall where it broke apart, exploded and plummeted into the crevasse, killing everyone
aboard.
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Morganti v. Lockheed Martin — U.S. Supreme Court refuses to upset Kreindler & Kreindler
LLP's victory for workers injured on Navigable Waters, leading to confidential settlement.
Kreindler & Kreindler won a hard fought significant victory for workers killed or injured
on navigable waters, by preserving the right to proceed under the Longshore or Harbor Workers'
Compensation Act (LHWCA), rather than under state worker's compensation schemes. The legal
win led to a significant settlement of our client's claims in this case, and will also benefit for
workers injured or killed on navigable waters.
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Quintana v. Richse Realty Corp, et. al. — Settlement During Trial in Premises Liability Case
Involving a Woman Killed When an Apartment Ceiling Collapsed.
New York Partner Andrew Maloney recently settled with a landlord in a case involving
the death of a 52 year old women who was struck in the chest and abdomen by debris when the
ceiling collapsed while she was lying in bed. That settlement followed a pre-trial settlement with
the hospital that treated the victim, bring the total recovery in the case to $825,000, an excellent
result for a New York non-dependency wrongful death case.
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