Client Settlements

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An automobile accident between plaintiff, an 11 year old boy, and defendant driver, resulted in the death of plaintiff’s mother and injuries to plaintiff.

The Brian O’Connell, Jr. Law Firm originally filed suit against the defendant driver, but joined the automobile manufacturer under Section 388 of the New York State Vehicle and Traffic Law, which indicates that owners of motor vehicles are vicariously liable for any negligent acts of the driver of said vehicle. The defendant driver’s vehicle was owned by the automobile manufacturer because it was a leased vehicle and, therefore, the automobile manufacturer was subject to vicarious liability for the acts of the defendant driver

Plaintiff, a 10 year old boy, was on a town softball field when he was electrocuted by a guy wire connected to a transmission line owned and maintained by the defendant Power Corporation. The electrical current that passed through plaintiff’s body caused, among other injuries, second and third degree burns resulting in multiple surgeries, skin grafts, amputation of two toes and the loss of use of the plaintiff’s left arm and hand.

The Brian O’Connell, Jr. Law Firm argued that the power company negligently maintained the power lines, permitting the boy to suffer injuries.

It was argued that the driver of a tractor trailer was traveling at an unsafe speed for the road conditions and was trying to switch lanes when it struck another tractor trailer and thereafter struck the client’s car resulting in the client’s vehicle to spin and strike a barrier. As a result of the accident, the client sustained extensive damage to his spine including numerous herniated discs in the lumbar, thoracic and cervical areas. The client underwent multiple surgical interventions to stabilize his spine.

The Brian O’Connell, Jr. Law Firm argued that it’s client not only suffered economically due to the loss of employment resulting from said accident but also suffered non-economic damages as well. Furthermore, it was argued that daily pain and suffering had ultimately diminished the client’s quality of life significantly not only in the scope of employment but also in client’s personal livelihood.

Plaintiff sustained injuries to his leg and foot while attending a graduation when he struck a long stake located in a parking lot. The stake had been negligently abandoned by a video crew hired to record the graduation proceedings.

Plaintiff, a sheriff’s deputy, was injured in an accident instigated by defendant. While operating his vehicle, the defendant lost control and crossed the oncoming lane of traffic and struck the plaintiff, who was outside his car parked on the side of the road.

Because of the accident defendant was charged with Speed Not Reasonable and Prudent and Failure to Keep Right in violation of 1180 (a) and 1128 (a) of the Vehicle and Traffic Law respectively and later convicted of Failure to Keep Right. The Brian O’Connell, Jr. Law Firm brought a lawsuit against the defendant on behalf of the plaintiff in order to recover compensation for the injuries sustained by the plaintiff due to the defendant’s negligence.

Plaintiff was ejected from the front passenger seat of a vehicle that failed to negotiate a curve in the road, resulting in traumatic brain injury, which required extensive hospitalization and rehabilitation.

The Brian O’Connell, Jr. Law Firm initiated a cause of action against the driver of the car and the town where the road was located. The allegations against the township maintained that the road was inadequately signed, in that, it did not contain a curve ahead warning sign with an advisory speed sign, alerting drivers to the safe direction and speed to travel around the subject curve. A traffic engineer ball-banked the curve in question and determined the safe speed for travel to be 20 mph. Because the roadway did not have any speed signs, the traveling public could legally travel upon the road at 55 mph which was determined to be unsafe.