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Noteworthy
Cases

The following summaries of cases handled by attorneys in this office are representative only and should not be viewed as an assurance of a particular result. Prior outcomes do not guarantee a similar result. Each case must stand on its own facts and circumstances. These actual cases represent only some of the actual results, whether by verdict or settlement of matters handled by members of Friedman, James & Buchsbaum LLP.

Motor vehicle accident in New Jersey involving traumatic brain and other injuries.  Our on-scene investigation and research revealed that the driver and his employer violated federal and state law by not requiring its drivers to have commercial licenses and by having inappropriate hiring standards and driver training.  This actual recovery appears to be one of the top five reported motor vehicle accident recoveries ever obtained in the State of New Jersey.

Click here to read the article.

Confidential settlement for injured seaman (2014).

Verdict.  A Bosun from Long Beach, California, serving as relief A.B. aboard a container vessel undocking in Hawaii, was struck in the hip and back by a mooring line which parted under tension. After rejecting vessel owner’s final pre-trial offer of $750,000, a New York federal court jury returned a $7.6 million verdict in our client’s favor in April, 2008.

Click here to read the article.

A Florida seaman employed on a company yacht sustained an anoxic brain injury after falling from the yacht into the water at the dock in Newport, Rhode Island.  Recovery obtained despite the vessel owner’s attempt to limit its liability to the value of the vessel, which was significantly less than the eventual recovery.  The case was handled by Friedman, James & Buchsbaum LLP with co-counsel in Florida and Rhode Island and involved significant litigation to ensure the uninterrupted medical care required by the client.
Click here to read the case.

Motor vehicle accident in New Jersey subject to confidentiality agreement. Case involved conflicts between NY/NJ law and interspousal immunity.

Swimmer seriously injured in a maritime accident.  The shipowner attempted to limit its liability pursuant to French Law and the offending vessel was arrested in Antigua pursuant to English law.  Suit was eventually commenced in Florida and required collection efforts in Europe.  Recovery included the waiver of $100,000 in health insurance reimbursement claims.

Verdict.  A Chief Mate from Maine, struck by a broken chain stopper while a container vessel was undocking in Oman, sustained severe arm injuries requiring multiple surgeries.  After rejecting owner’s final offer of $600,000, a New Jersey federal court jury returned a verdict of $4.36 million in our client’s favor.

Click here to read the article.

Recovery on behalf of New York deckhand injured when assaulted during a cruise charter.  Suit was commenced against vessel owner, security company, and others responsible for our client’s injuries.  Recovery obtained despite vessel owner’s attempt to limit its liability (July, 2007).

Staten Island Ferry deckhand seriously injured by falling rescue boat (2018).

Verdict, federal court (April 22, 2013), affirmed by the Second Circuit (May 9, 2014).  Click here to read the Second Circuit opinion. City of New York Hart Island Ferry deckhand injured by defective chainfall.  The City of New York disputed our client’s Jones Act seaman status.  The jury found he was a seaman and awarded damages of $3.2 million under the Jones Act.  Click here to read the article.  Reported as one of the highest 2013 verdicts obtained for a workplace injury in the State of New York.  The federal District Court denied defendant’s motion to set aside the verdict (August 27, 2013).  Click here to read the trial Court’s decision upholding the verdict.  The trial Court also denied defendant’s second motion to set aside the verdict (December 9, 2013).

Local 3 electrician injured by fall from ladder.

Recovery for marine construction worker injured while building the New Tappan Zee Bridge, including medical payments (2018).

Four Staten Island Ferry crewmembers injured when Ferry allided with dock and another Ferry.

Confidential settlement for blue water seaman (2013).

Construction worker injured by unsecured falling crane block (2014).

Tugbboat deckhand injured by unseaworthy equipment (2016).

Dredge deckhand involved in New Jersey beach restoration project struck by chain.

Jury verdict for a tug deckhand who sustained severe injuries.

Crane operator employed in an elevated crane at Port Elizabeth, New Jersey struck by foreign-flagged vessel.  Suit was commenced pursuant to the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 905(b).  With pre-judgment interest added, the judgment entered after trial and verdict exceeded $2.28 million.

Tugboat deckhand struck in head by a shackle pin causing traumatic brain injury.

Second mate fell through unguarded swash hole opening while positioning Butterworth machine (July, 2010).

Staten Island ferry deckhand who sustained back and knee injuries due to defective gangway (April, 2014).

Staten Island Ferry deckhand who sustained back injury due to defective, unseaworthy sliding door (August, 2011).

FDNY marine unit firefighter who sustained shoulder injury (January, 2012).

Staten Island Ferry crewmember who sustained hand injury when contacted by unguarded rotating shaft violative of federal regulations (February, 2010).

Severe leg injury to tug deckhand caught between tug and barge.

Injured Staten Island Ferry crewmember (2016).

Barge mate injured when struck by crane bucket (2016).

Tug deckhand injured when stepping between barges due to lack of non-skid surface (April, 2011).

Barge crewmember suffered arm injury, settled during trial (October, 2013).

Ferry deckhand injured by overhead obstruction (July, 2013).

Injured cruise passenger (2016).

Tug deckhand injured by snapped line (July, 2009).

Verdict for failure to provide proper medical treatment to Chief Engineer who became ill onboard a tanker transiting from Japan to Indonesia.

Ship repairman injured while repairing anchor (March, 2013).

Construction worker injured on the job (2016).

Staten Island Ferry deckhand with back injury caused by ferry allision with pier (June, 2012). Click here to learn more.

722 A.2d 349 (Me. 1998).
224 F.R.D. 111 (S.D.N.Y. 2004).
983 F. Supp.2d 399 (S.D.N.Y. Dec. 6, 2013) (summary judgment granted to plaintiff-construction worker on Labor Law 240(1) claim).
No. 05 Civ. 2049, 2006 WL 1933492 (D.N.J. July 11, 2006).
No. 00 Civ. 6782, 2001 WL 856612 (S.D.N.Y. July 30, 2001).
902 F. Supp. 65 (S.D.N.Y. 1995).
No. 29306/07 (Sup. Ct. Kings Cnty. Dec. 29, 2009).
No. 108631/05 (Sup. Ct. NY Cnty. Sept. 19, 2005).
No. 118878/02 (Sup. Ct. NY Cnty. Jan. 5, 2009) (partnership dissolution).
(Sup. Ct. Bronx Cnty. Aug. 6, 2006).
71 A.D.3d 593, 899 N.Y.S.2d 153 (1st Dep’t 2010) (leading First Dep’t case extending NY Labor Law protection to dockbuilders).
417 F. Supp.2d 159 (D. Mass. 2006).
7 N.Y.3d 917, 827 N.Y.S.2d 684, 860 N.E.2d 987 (2006).
2017 WL 1174384 (2d Cir. March 29, 2017) (Second Circuit reverses trial court’s summary judgment dismissal of seaman’s claim).
667 F.3d 140 (2d Cir. 2011) (Second Circuit declines to extend limitation of liability act to injury on ramp leading to floating dock).
No. 09 Civ. 6329 (AKH) (S.D.N.Y. Aug. 27, 2013) (upholding $3.2 million jury verdict and denying defendant’s motion to set aside the verdict).
No. 102502/11 (Sup. Ct. NY Cnty. April 30, 2014 (denying defendants’ summary judgment motions in sidewalk trip and fall).
No. 110383/09 (Sup. Ct. New York Cnty. Sept. 30, 2010).
978 F. Supp.2d 374 (S.D.N.Y. Oct. 23, 2013) (New York City police officer granted Jones Act seaman status-City’s motion to dismiss denied).
332 F. Supp.2d 458 (D.R.I. 2004).
09 Civ. 4672, 2012 WL 1004849 (E.D.N.Y. March 23, 2012) (owner’s motion to dismiss action denied).
No. 3598/07 (Sup. Ct. Queens Cnty. Dec. 20, 2007) (motor vehicle accident).
333 F.3d 355 (2d Cir. 2003).
No. 16 CV 1610, 2016 WL 6884919 (S.D.N.Y. Nov. 22, 2016) (Court orders Weeks Marine, Inc. to bear costs of tug storage).
697 F. Supp. 765 (S.D.N.Y. 1988).
686 F. Supp. 400 (E.D.N.Y. 1988).
No. 89 Civ. 5965, 1991 WL 107279 (S.D.N.Y. June 12, 1991).
No. 05 Civ. 805 (E.D.N.Y. Nov. 10, 2009) (limitation of liability denied after trial).
No. 22715/07 (Sup. Ct. Kings Cnty. Oct. 14, 2010). (dockbuilder awarded summary judgment).
No. 18686/08 (Sup. Ct. Queens Cnty. Oct. 27, 2010) (slip & fall in Waldbaum’s supermarket).
6 Civ. 1463, 2016 WL 3410166 (D.N.J. June 14, 2016) (transferring limitation of liability action to forum where incident occurred).
No. 05 Civ. 3895, 2007 WL 2116371 (E.D.N.Y. July 21, 2007).
No. 11-3766, 2012 WL 1446342 (D. Md. Apr. 25, 2012) (denying defendant’s motion to transfer venue).
No. 08 Civ. 3636, 2010 WL 2606469 (E.D.N.Y. June 21, 2010).

NYC Harbor Unit police officer injured in line of duty

Commercial diver pinned by unsecured anchor

Bicyclist struck by truck

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