Decisions and Settlements
Mr. DiMartini has spent his entire legal career working to get people injured in accidents the compensation they deserve.
Below are some of the examples of success Mr. DiMartini has secured for his injured clients:Trip and Fall, Bronx, NY
Mr. DiMartini has settled a Bronx Trip and Fall claim for the lessor’s liability policy limits.
Botched Gallbladder Surgery
Mr. DiMartini is please to announce that his participating counsel has obtained a significant settlement of a botched gallbladder surgery resulting in insult to the common bile duct.
Slip and Fall, Bronx NY
Slip and fall on spilled water can be very difficult cases to prove as far a notice is concerned. Merely because there is water on the floor of a premises does not necessarily mean that the property own is responsible under the law. It is the injured party’s burden to prove that the owner had actual or constructive notice of the dangerous condition with sufficient enough time to remedy the condition. In this particular case, Mr. DiMartini found a witness and was able to establish that the property owner had actual notice of the spilled water on the lobby floor that was the cause of the accident. Luckily the injured party sustained relatively minor injuries in this case. Mr. DiMartini was able to secure a settlement of $22,500.00 against the property owner.
Mr. DiMartini is please to announce a settlement of a claim for a laceration injury caused by a defective Crate and Barrel clear glass water bottle. The recall involved clear glass water bottles including 22-ounce bottles with SKU number 437-151 and 50-ounce bottles with SKU number 437-169. The SKU numbers are listed on a white bar code label on the bottom of the item.
$500,000.00 settlement for a New York construction worker injured during a hoisting procedure.
Trip and Fall
A passenger was injured while attempting to alight from an articulating New York City Transit Authority (NYCTA) bus. The lower court dismissed the plaintiff’s claim on a summary judgment motion. Mr. DiMartini won a reversal of that decision and plaintiff’s injury action was reinstated.
Delayed Diagnosis of Lymphoma
Mr. DiMartini won a reversal of a delayed diagnosis of lymphoma case in the appellate division that was dismissed by the trial court on summary judgment motion. The plaintiff’s case was reinstated. The claim was eventually settled against the surgeon who committed the error.
Common Bile Duct Injury
Significant confidential settlement for surgical error during performance of a laparoscopic cholecystectomy causing injury to the common bile duct. In this case the surgeon misidentified the cystic duct as the common bile duct.
$600,000 settlement for estate arising from constitutionally inadequate medical care in failing to adequately monitor patient for known suicidal ideations.
$360,000 settlement for estate of elderly pedestrian hit by a truck.
Trip and Fall
$345,000 settlement for hip fracture sustained as a result of a trip on a defective door saddle.
$300,000 settlement as a result of delayed emergency response by 911 and EMS.
Failure to Supervise
Confidential settlement for failure to supervise child during field trip. Child was molested by staff member.
Slip and Fall on Ice
$200,000 settlement for ankle fracture sustained as a result of a slip and fall on ice.
$150,000 settlement for pedestrian struck by a car.
Accident involving Large Truck
$150,000 settlement for car accident involving a large truck.
Passenger Injured in Car Accident
$150,000 settlement for passenger injured in a two car collision.
Slip and Fall on Worn Step
$125,000 settlement for pedestrian who slipped on a worn step in a restaurant.
Failure to Diagnose Tendon Injury
$120,000 settlement for medical malpractice victim for failing to recognize injury to the finger flexor digitorim profusdus tendon caused by a laceration.
If you or a loved one has has been injured in an accident, we are here to fight for your rights. Call Mr. DiMartini directly at 1.877.339.4804. You can also contact us online. The consultation is free. There is never a fee unless we win your case!