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Verdicts & Settlements

Notable Achievements for Our Clients

New York Personal Injury and Civil Litigation Attorneys

Auto Crashes

  • $2.25 Million Traumatic Brain Injury/Auto Crash settlement.
  • A 43 year old Ulster County woman received a settlement of $175,000.00 for injuries she sustained in a motor vehicle accident. The defendant failed to yield the right of way and turned left in front of the plaintiff’s vehicle. The plaintiff’s vehicle was caused to flip over as a result of the collision. The plaintiff sustained injury to her left foot, which required surgery to remove the accessory bone. The plaintiff also sustained injuries to her neck, left shoulder and back as well as a concussion. The case was resolved before depositions were conducted. The case was handled by John G. Rusk, Esq. of Rusk, Wadlin, Heppner & Martuscello, LLP.
  • A 57 year old Ulster County man was injured in a motor vehicle accident when the defendant failed to yield the right of way at a stop sign and turned left into the plaintiff’s path of travel. Plaintiff sustained injury to his right hip, accelerating the need for a right hip replacement. The case settled for $150,000.00.
  • A 58 year old Ulster County woman was rear ended while stopped in traffic to make a left turn. Plaintiff sustained injuries to her cervical and lumbar spine and suffered a traumatic brain injury in the crash. The case was settled for $2.25 million.
  • A 26 year old New Milford, Connecticut man was thrown from the back of a pickup truck when the truck struck a tree. The plaintiff sustained fractures to his ring and middle finger of his left hand and required a left middle finger lateral hand relocation. The case settled for $210,000.00.
  • A 24 year old Long Island man received $450,000.00 for a fractured femur, which he sustained in a motor vehicle accident that occurred in Ulster County. A 35 year old Long Island woman, who was in the same vehicle, received $350,000.00 for her injuries. Both plaintiffs were back seat passengers in a rented vehicle that lost control and struck a utility pole. Investigation revealed that the car was rented with bald tires and an overdue inspection.
  • $3.3 Million and label it Traumatic Brain Injury/Auto Crash Verdict.
  • An Ulster County man received a settlement of $2.45 million for injuries he sustained in a multivehicle accident involving a tractor trailer. The tractor trailer company was liable for the accident. The plaintiff was in his early thirties at the time of the accident. The plaintiff sustained multiple fractures, including fractures of both ankles, the right leg and knee as well as a fracture of the hip. Plaintiff underwent months of physical therapy. This matter was handled by Daniel G. Heppner, Esq. of Rusk, Wadlin, Heppner & Martuscello, LLP.
  • A Kingston man, driving in Long Island, was struck head on after two vehicles in the oncoming lanes of traffic collided. Although each driver claimed the other was responsible, a combined settlement from each insurance carrier totaling over $660,000.00 was paid.
  • An on duty state police trooper was rear-ended and suffered injuries to her shoulder requiring surgical repair. Her case was settled at a pretrial mediation for $230,000.00.
  • A 22-year old woman from New Paltz suffered back injuries after a 15-ton truck rear-ended her at a light. She required back surgery and physical therapy. She received a settlement of $350,000.00.
  • A Dutchess County woman received a settlement of $250,000.00 for injuries she sustained while crossing the street in the Town of Poughkeepsie. Plaintiff sustained a skull fracture and a left tibial fracture. The case was settled for the full policy limits of the driver and the plaintiff’s SUM policy. The case was handled by Daniel J. Rusk of Rusk, Wadlin, Heppner & Martuscello, LLP.
  • A Highland resident fractured his ankle when his vehicle was stopped to make a left hand turn in Milton, New York. His vehicle was rear-ended by a beer truck. His case was subsequently settled for $150,000.00.
  • A 74-year old Marlboro woman broke her leg in a car accident. This case went to trial and she received a verdict in the sum of $125,000.00.
  • A 54-year old woman from New Paltz received a $150,000.00 settlement for injuries to her shoulder, including surgical repair of a torn rotator cuff. She was a passenger in a car when it was rear-ended by a truck.
  • A 34-year old woman from Hopewell Junction injured her back in an automobile accident. She received a settlement amount of $150,000.00 after two days of trial.
  • $900,000.00 Settlement – 86 year old Plaintiff was crossing in a crosswalk when she was knocked down by a truck. She suffered significant serious injuries including numerous leg fractures and a traumatic brain injury.
  • $450,000.00 Settlement – Plaintiff was a 59 year old driver who was stopped in traffic when rear ended by the Defendant. Due to the force of the collision, Plaintiff suffered a concussive brain injury including subdural hematoma, concussion, seizures, and a memory impairment.

Medical Malpractice

  • A 79-year old Marlboro resident sustained a fractured hip, suffered from decubitus ulcers, malnutrition, and ultimately died during an 8-month stay in Veteran’s Administration Hospital at Castle Point. The wife of the deceased brought a medical malpractice claim against the United States of America. The case was settled for $350,000.00.

Construction Accidents

  • A 24 year old man from Ulster County fell from an unsecured ladder, sustaining a bimalleor fracture of his right ankle and a fractured left elbow. Plaintiff sued the owner of the commercial property, who then sued the tenant (plaintiff’s employer). Both the owner and tenant contributed to the settlement of $1.1 million.
  • A 25-year old resident of Highland severely injured his back in a construction accident. A verdict in the Court of Claims in excess of $1,000,000.00 was obtained. The injury caused him to leave his occupation as a construction laborer.
  • A 35-year old woman from upstate New York fell from an unsecured ladder. She injured her knee and back in this construction-site accident. A settlement in the amount of $850,000.00 was obtained just prior to jury selection.
  • A UPS driver from Hudson, NY was working part time perfroming renovation work when the scaffolding planks collapsed, causing him to fall 15 feet onto a cement floor.
  • A settlement of $275,000.00 was obtained for his injuries including fracture of the tibia and fibula
  • A Grahamsville union laborer received a settlement of $250,000.00 when construction debris fell into an excavation site, striking him in the head and fracturing several vertebras.
  • $1,300,000.00 – Plaintiff was a 37 year old, undocumented worker at the time of the accident. Plaintiff fell from scaffolding sustaining numerous life altering injuries. Summary Judgment was obtained under the Labor Law.

Dangerous Premises

  • A 35 year old warehouse worker tripped and fell over debris in a warehouse in New Windsor, Orange County, New York. An action was brought against the property owner and the warehouse tenant. The plaintiff received a settlement of $500,000.00 for his back injury, which included a back fusion.
  • An MRI technician slipped on a wet floor created by a commercial cleaning service. The technician, from Ulster Park, New York, settled her case for $325,000.00 after jury selection.
  • A 53 year old female security guard slipped in a pool of water that accumulated on the roof of a commercial building while performing her patrol. As a result of her fall, she suffered an injury to her low back requiring a spinal fusion at L5-S1. Compensation in the amount of $300,000.00 was obtained.
  • A 64 year old woman from Wallkill fell and injured herself at a mall. The mall denied any responsibility and offered $5,000.00 to settle the claim. The jury found the mall 100% responsible for the plaintiff’s fall and injuries. The case subsequently settled for $250,000.00.
  • A state health inspector fell on deteriorating front steps of a nursing home resulting in a torn meniscus. The plaintiff underwent arthroscopic surgery. A settlement of $150,000.00 was obtained.
  • A 79-year old woman from Shokan slipped and fell in spilled laundry detergent in a supermarket. We obtained a jury verdict in the amount of $105,000.00 for her back injury.
  • $425,000.00 – A 77 year old man fell at a local hospital due to the negligence of the hospital resulting in loss of vision from the fall. He was subsequently diagnosed with macular degeneration unrelated to the trauma which complicated the claim. Matter settled at mediation.
  • $327,500.00 – 45 year old Plaintiff was exiting a shopping center pushing a shopping cart when the wheel of the cart got caught in a hole causing Plaintiff to fall. Plaintiff required a fusion to her spine. She was disabled prior to the fall. Matter settled at mediation.
  • $165,000.00 Settlement- 91 year old Plaintiff was pushing a shopping cart into the store when the wheel of the cart got caught in the broken pavement, causing the cart to flip over and the Plaintiff to fall violently to the ground. Plaintiff suffered a non-displaced fracture of the right hip which required surgery, an MCL and ACL tear to the right knee and required blood transfusions.

Underinsurance

  • A Town of Rosendale teenager, while riding as a front seat passenger, suffered a fractured femur when the driver lost control of his car and struck a telephone pole. After the settling the case with the driver’s insurance company for the policy limits of $25,000.00, the injured plaintiff pursued an under insurance claim with his parent’s insurance company. We obtained an additional recovery of $525,000.00 for the teenager.
  • A 56-year old man from Modena injured his back when he was rear-ended while stopped in traffic. This case settled for the full amount of the defendant’s insurance policy, $10,000.00. An arbitrator awarded another $90,000.00 on the underinsurance claim.
  • A 70-year old Highland woman injured her back in a car accident that occurred on a road under construction. This case settled for $10,000.00. She also received a $65,000.00 underinsurance award.
  • A 60-year old resident of Milton injured his back in a car accident. This case settled for the full amount of the defendant’s insurance policy, $25,000.00. He was subsequently awarded another $25,000.00 on the underinsurance claim.

Employment Discrimination

  • A 56-year old Kingston resident who lost his job due to age discrimination was reinstated to his position after settlement discussions.
  • A 57-year old Woodstock resident who lost his job due to age discrimination received an $85,000.00 settlement.
  • A woman who was being sexually harassed on the job received a $75,000.00 settlement.

Wrongful Death

  • Mary Doe v a nursing home, wrongful death settlement of $485,000.00. Confidential as to party’s injuries and insurers.

* Please note: Prior results do not guarantee a similar outcome with respect to any future matter on which Rusk, Wadlin, Heppner & Martuscello, LLP may be retained. Contact our experienced attorneys for a consultation to discuss your specific case.

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Kingston Office

255 Fair Street, P.O. Box 3356
Kingston, New York 12402

Phone: 845-331-4100
Fax: 845-331-6930

Marlboro Office

1390 Route 9W, P.O. Box 727
Marlboro, NY 12542

Phone: 845-236-4411
Fax: 845-236-3190

Rusk, Wadlin, Heppner & Martuscello, LLP, is located in Kingston, NY and Marlboro, NY and serves clients in and around Ulster County as well as parts of Orange, Dutchess, Columbia and Greene Counties as well as many surrounding areas.

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