| Here are some recent cases. They include a $1
million case, a $1,000 case and dozens of cases in between:
$1 Million for Emotional
Distress Due to Harassment from a Landlord in Manhattan
(Harassment Case):
A tenant organizer and his girlfriend lived in an Upper West Side Manhattan
building. The landlord hired men to monitor and harass the plaintiffs.
Plaintiffs suffered from stress disorders because of the constant surveillance
and verbal altercations. During closing arguments, the defendants settled the
claim for a total of $1 million, $500,000 for each plaintiff.
$975,000 for Passenger in a Car Accident in the
Bronx
(Motor Vehicle Accident Case):
Ms. Schlitt's client was a passenger in a car travelling east on Randall Avenue.
When the driver made a left turn on Zerega, the car crashed into a dumpster left
in the street. Ms. Schlitt's client suffered a fracture of his both fibulas, his
left ankle and his left humerus, each of which required surgery. The
driver of the car admitted liability for his role in the accident, though the
dumpster owner denied all responsibility. That defendant filed for summary
judgment and appealed that matter to the New York State Court of Appeals, an
appeal that Ms. Schlitt argued and won. At the trial, the attorney for the
dumpster company tried to place all the blame on the driver of the car, but Ms.
Schlitt used a combination of testimony, evidence, research into New York City
Highway and Transportation regulations and a strong opening and closing argument
to prove the dumpster company liable. A jury agreed with Ms. Schlitt and held
the dumpster company responsible for 75 percent of the liability, making them
primarily responsible for the accident. With the determination of liability made
by the jury, Ms. Schlitt separately negotiated the damage award of $975,000.
$970,000 for Failure to Diagnose in Nassau County (Medical Malpractice Case):
A fifty year-old man
went to his internist seeking assistance in losing weight. The internist put him
on phentermine, a weight loss drug to be used for no more than eight weeks. The
physician kept the patient on the drug for two years and failed to monitor his
cardiac, circulatory or pulmonary functions despite warnings that this drug
could affect those functions. The patient grew ill due to pulmonary hypertension
and right ventricular heart failure and returned to see his physician. The
covering physician failed to order even basic tests and failed to detect these
life-threatening disorders. As a result, the patient’s conditioned worsened
until taken to the hospital where he suffered complete pulmonary failure and
nearly died. Under the treatment of new physicians, the patient has recovered.
The defense in the medical malpractice case tried to blame the patient and the
matter went to trial. Ms. Schlitt built her case against both doctors,
demonstrating that basic tests and examinations would have detected and
prevented the patient’s near fatal condition. The defense opted to settle before
jury deliberations. The defending physicians paid a combined $970,000.
$800,000 for Car Accident Victim in the Bronx (Motor Vehicle
Accident Case):
On a bright sunny day, a Ford van
heading south on the Bronx River Parkway
collided with a construction truck, careened across three lanes and struck a
passenger van in the right hand lane. Ms. Schlitt’s client – a passenger in the
second van – suffered significant injuries to his back and neck. Ms. Schlitt was
able to prove that both the driver of the Ford Van that struck the passenger van
and the construction company bore responsibility for the accident. The jury
awarded the client $800,000.
$570,000 for Shooting
in Brooklyn (Personal Injury Case):
While waiting in line at her bank’s outdoor ATM, a woman heard a commotion near
a bus stop. The commotion arose because an alleged thief attempted to rob an
off-duty New York City police officer. A gunshot was fired striking the woman in
the arm. While the courts never determined exactly who fired the shot, as a
result of Attorney Carol Schlitt’s arguments, the court held the City and the
New York City Police Department 100 percent liable for the woman’s injury and
the jury awarded $570,000 for lost wages and pain and suffering.
$560,000 for Slip and
Fall on Staircase in the Bronx
(Slip and Fall Case):
A 13 year-old girl tripped and fell on the staircase of her
Bronx apartment building because
of a long-standing broken step. She fractured her tibia and fifth metatarsal.
The jury deliberated for one hour before returning a verdict holding the
defendant solely responsible for the incident and awarding the now 19 year-old
girl a total of $560,000 for past and future pain and suffering.
$425,000 for Woman Hurt by Collapsing Kitchen Cabinet in Brooklyn (Personal
Injury Case):
In the winter of 2004, a couple living near Prospect Park complained on multiple
occasions to their landlord of a ceiling leak in their kitchen. The leak arose
from a combination of snow build-up on the roof and faulty design and
maintenance of the building structure. The landlord ignored the couple’s
complaints. During the next large snow storm, the leak returned and a kitchen
cabinet collapsed on the woman fracturing her ankle so badly that it required
surgery and left her with permanent damage. Attorney Carol Schlitt assembled
extensive engineering and architectural evidence and a team of experts to prove
the landlord’s liability as well as medical records and experts to document the
plaintiff’s injuries. Seeing the strength of the case, the landlord settled for
$425,000.
$300,000 for Man Hurt by Unsecured Construction Plate in Manhattan (Construction
Accident Case):
On a warm June morning, a man and his friend from work walked south on the
pedestrian mall on Nassau Street. When they reached Maiden Lane, the two men
waited for traffic to clear and then began to cross the street. A truck driving
along Maiden Lane caused an unsecured metal plate in the roadway to lift and
fall onto the foot of the man’s foot, crushing it and pinning him to the
roadway. The man suffered multiple fractures in his foot that required two
surgeries. Attorney Carol Schlitt navigated the construction bureaucracy that
included the City of New York and Con Ed, before determining that the road plate
belonged to a private construction firm operating in New York City. After
conducting an extensive investigation and legal research, both parties agreed to
mediate the case before trial and Ms. Schlitt earned a $300,000 settlement for
her very happy client.
$265,000 Paid by Metro-North for Slip and Fall on Ice at the Garrison Train
Station in Putnam County
(Slip and Fall Case):
In February 2003, a woman parked her car at the Garrison train station and
walked to pay her parking fee at the pay station. What she could not see and did
not expect was the black ice that covered the pay station floor. As a result of
that ice, she slipped and fell, hurting her neck and shoulder. The neck injury
required surgical repair at the Hospital for Special Surgery and post-operative
therapy at Burke Rehabilitation Hospital. Attorney Carol Schlitt sued both
Metro-North, which owns and operates the train station, and the parking lot
contractor. She conducted an extensive investigation to document responsibility
for snow and ice removal at the facility and in pre-trial motions attorney
Schlitt won a court ruling that Metro-North bore full liability for clearing ice
from the pay station. On the eve of trial, Metro-North settled the case for
$265,000.
$225,000 for Brooklyn Man Injured In Parked Car (Car Accident Case):
A man sitting in a parked car outside a Brooklyn
Chinese Take-Out Restaurant watched as another driver backed into his vehicle.
What he thought were minor injuries resulting from the crash, turned into
significant damage in the form of a torn rotator cuff that prevented him from
working at his job as a butcher. The defense contended that the slight impact of
the accident could not have caused the man’s injury. Attorney Carol Schlitt
prevailed, using a combination of detailed investigation, expert witnesses and
convincing courtroom arguments to prove the case. A Federal Magistrate awarded
the man $225,000.
$225,000 for Back Injury
in Construction Accident in Queens (Construction Accident Case):
A 50 year-old Polish immigrant working as a cable installer injured himself in
an unwitnessed fall from a ladder during renovation of the Queens Supreme
Courthouse. The defendants argued that the accident never occurred. Attorney
Carol Schlitt constructed a case based on circumstantial evidence and expert
testimony. Her arguments convinced the jury which unanimously held that the
defendants violated the New York State Labor Law. Faced with defeat in the
liability part of the trial, the defendants settled the case for $225,000.
$225,000 for Torn
Earlobe in Motorcycle Accident Caused by a Police Car in the Bronx
(Motorcycle Accident Case):
A police car in the Bronx made a sudden left turn in front of a 19 year-old motorcyclist and
crashed into his motorcycle. The impact of the crash threw the driver of the
motorcycle over the roof of the police car, ripping his ear on the lights
situated on the top of the police car. Attorney Schlitt assembled a team of
experts to help prove the case. The City of
New York pressed ahead to trial, but after
hearing Attorney Schlitt's case and her summation to the jury, the City agreed
to settle the case while the jury was deliberating. The City of New York paid
$225,000 for the torn earlobe.
$165,000 for Fracture of
Small Finger in Office Accident in the Bronx
(Personal Injury Case): An
attorney fell from a defective stepladder provided by his landlord and fractured
the small finger on his non-dominant hand. Despite surgical repair, the finger
had a permanent deformity. Instead of trying the case himself, the attorney
hired the best trial lawyer he knew - Carol Schlitt. Attorney Schlitt has
extensive experience with construction cases and built a compelling argument on
liability. The defendants agreed to settle the matter during trial for $165,000.
$150,000 for Slip and Fall on an Uncleared Sidewalk in the Bronx (Slip and Fall
Case):
On President’s Weekend in 2003, a 26 year-old man visited his friend in the
Woodlawn section of the Bronx. Leaving the apartment building, he slipped and
fell on an uncleared walkway, suffering a bimalleolar fracture of his right
ankle. An ambulance transported him to North Central Bronx Hospital, where he
was treated and released. He ultimately underwent surgery on his ankle at Jacobi
Hospital. Attorney Schlitt employed eyewitness testimony and physical evidence
to build a strong argument on liability and she constructed a clear and
compelling case on damages. The landlord settled the case on the eve of trial
for $150,000.
$105,000 for Finger Injured by Over-Aggressive Bouncers at
Manhattan Bar
(Personal Injury Case): Three bouncers at a Manhattan bar unnecessarily roughed up a patron, knocking him to the
ground then throwing him onto the sidewalk. The man sustained an unusual and
particularly damaging injury to his finger. The jury awarded him $105,000. “If
you have a dispute, you talk to people,” explained Attorney Schlitt. “These
bouncers – who never appeared in court – skipped the talking and started beating
on my client. We held the bar owner responsible. Given the people he hired, the
lax screening, the lack of training and supervision, what did the owner expect
would happen?”
$160,000 for Injury to Brooklyn Boy in
Hospital (Slip and Fall):
A 13 year old boy had been placed in a psychiatric center for
treatment and counseling. On the day prior to his discharge, he
slipped and fell on a grape in the dining area of the ward. The
injury left the boy with a broken hip that required surgery. The
challenge came in proving that the hospital was liable for his
injury. Once jury selection began and the defense heard Ms.
Schlitt’s arguments, they agreed to settle for $160,000.
$100,000 for Defective Contact Lens Solution (Defective Products
Case):
A New York City woman used a defective contact lens solution that
resulted in a fungal eye infection in her left eye. The manufacturer
had prior knowledge of the problem and had ceased selling it in Hong
Kong, but continued selling the solution in the United States. Ms.
Schlitt worked with this client and a team of attorneys that brought
a class action suit against the manufacturer. The result was that
the product was removed from the shelves and the client received an
award of $100,000.
$100,000 for Vietnam Veteran Hit by Car in East Northport, Long Island (Car
Accident Case):
A Vietnam Veteran crossing Larkfield Road in
East Northport, Long Island was struck by a pick-up truck. The man suffered
significant injuries, including a fractured hip that required surgery and a
lengthy stay at the Northport Veteran’s Hospital. A part-time construction
worker, the man missed many months of work and was left nearly destitute by the
accident. Attorney Carol Schlitt secured a rapid settlement with the truck
driver’s insurance company without having to go to trial, thus getting her
client a payment as fast as possible. The insurance company agreed to pay the
full limit of the insurance policy, $100,000.
$75,000 for Knee Injury in Taxi Collision in Manhattan (Car
Accident Case):
A woman and her child boarded a taxi in Harlem and headed home to the Bronx.
While making a left hand turn at an intersection, a second cab collided with
the client’s cab, leaving her with neck and back injuries and knee damage that
required surgery. The problem? The second cab driver could not be found and his
insurance company had gone bankrupt, leaving no funds to pay for awards.
Attorney Carol L. Schlitt argued the driver of her client’s taxi bore
responsibility because he entered the intersection before he was able to make
the turn, thus violating New York State traffic laws. Had he waited, he would
have avoided the accident. The defendants agreed to settle the case before going
to trial for $75,000.
$70,000 for Ankle Injury Resulting from Poor Maintenance by Bronx
Landlord (Personal Injury Case):
A woman repeatedly
complained about a leak in her bathroom, yet the landlord refused to fix the
problem. While cleaning her shower, the woman stepped from the tub and her foot
fell through a water damaged floor that resulted from the landlord’s negligence.
As a result of this accident, the woman tore a ligament in her shoulder and
required outpatient surgery. The defendants agreed to settle the case before
going to trial for $70,000.
$62,500 for Leg Injury Resulting from Slip and Fall Caused by
Cement Dumped on Williamsburg Sidewalk (Slip and Fall Case):
The owner of a building and an
adjacent lot had dumped excess cement on a sidewalk in Brooklyn. A man tripped
and fell over the pile of cement, hurting his ankle. Treatment of the ankle
caused vascular damage to his leg. Attorney Carol Schlitt demonstrated that the
building owner caused the injury which ultimately led to the vascular problem.
The defendants agreed to
settle the case before going to trial for $62,5000.
$60,000 for Brooklyn Teenager Passenger in Car Hit by Car Service
Car (Car Accident Case):
The client, a 16 year-old girl, rode as a passenger in her friend’s
car. A local car service vehicle struck their car on the side. The
client suffered a soft tissue disc injury and received several
months of physical therapy. What made this case poignant is that the
client was a successful high school basketball player and this
injury curtailed her high school career. Ms. Schlitt built a case
around the loss of basketball playing time and the possibility of
playing college basketball.
$60,000 for Neck and Face Injury in Bus Accident in Queens (Bus
Accident Case):
While leaving a bus stop, a
private commuter bus came to an abrupt halt throwing a passenger into a pole on
the bus. The bus company argued that the bus driver took a necessary emergency
action. Attorney Carol Schlitt successfully argued that the bus driver failed to
allow his passengers time to secure themselves before pulling out from the bus
stop. The jury found the bus company 100 percent liable for the plaintiff’s
injury. The bus company then agreed to pay $60,000 to settle the law suit.
$25,000 for Passenger in Car Struck in the Rear by a Tractor Trailer
Truck (Truck Accident):
The client rode as a passenger in car struck in heavy highway
traffic. While waiting in traffic, a tractor trailer truck struck
the rear of the vehicle. The client suffered soft tissue injuries
that required five months of physical therapy. The truck driver
tried to deny responsibility, but Ms. Schlitt built overcame the
defense arguments and built a strong case on the injuries suffered
by the client. The defense opted not to go to court on the matter
and settled for $25,000.
$25,000 for Car Accident in the Bronx (Car Accident Case):
A
Bronx man drove his car across the Macomb’s Dam Bridge during a
night time rain storm. He struck a car that was stopped on the
bridge and left without any flashers, flares or other warning signs.
As a result, the driver of the car fractured two small bones in his
right hand. Ms. Schlitt built a case to prove the owner of the
abandoned car negligent. She negotiated a $25,000 settlement, the
maximum amount of coverage.
$20,000 for Rat Bite in Brooklyn (Personal Injury Case):
Not every case has a large dollar value, but every case is important. This case
began on a Sunday morning in April 2005 when a Brooklyn man lay in bed relishing
some extra rest. His peace did not last as a rat scrambled into his bed and bit
him on the nose. The man immediately sought care at Kingsbrook Jewish Medical
Center’s Emergency Room where he received immediate medical treatment and
referrals for follow up care. Attorney Schlitt worked with her client to
document the complaints about vermin made to the building’s landlord and the
failure of the landlord to address those complaints. Faced with a mountain of
documentation and the promise of expert witnesses, the current landlord settled
the case before trial for $20,000.
$16,000 for High School Student Struck by Car (Car Accident Case):
A Nassau County high school student was struck by a car while he
crossed Merrick Boulevard on foot. The accident left him bruised and
he stayed n the hospital for two days for observation, and was
discharged home. He missed one week of school and received three
months of physical therapy. The good news was that the student was
left without any permanent damage and minimal injuries. However,
this created a challenge for the case. First, he did not use the
crosswalk and crossed a multi-lane road against traffic. Hs
injuries, while real, were most likely not sufficient to meet the
New York State Threshold Law, so the case most likely would have
been dismissed had it gone to trial. Nonetheless, Ms. Schlitt was
able to negotiate a $16,000 settlement with the insurance company.
$9,000 for Slip and Fall in East Meadow Supermarket (Slip and Fall
Case): A Nassau County woman was shopping at
her local supermarket when she slipped and fell due to spilled water
on the floor near the fresh flowers. She injured her right shoulder.
She went to the Nassau County Medical Center Emergency Room and was
discharged home. She received two months of treatment for soft
tissue injuries in her shoulder. This client had some issues that
would have made going to trial difficult. Ms. Schlitt negotiated a
settlement for $9,000.
$8,000 for Slip and Fall in North Babylon Supermarket (Slip and Fall
Case): An elderly Suffolk County woman
slipped and fell due to spilled water while shopping at her local
supermarket. She had pain and bruising of her chin, her left thigh
and buttocks, left shoulder and hip. She sought immediate help form
the Good Samaritan Emergency Room and followed up with her private
orthopedist. She recovered fully with minimal physical therapy. Ms.
Schlitt negotiated a settlement for $9,000.
$5,000 for Car Accident in Nassau County (Car Accident Case):
A driver ran a stop sign and broadsided a car driven by a Nassau
County woman. The client had no fractures and did not require any
hospitalization, but did have some soft tissue injuries that created
pain in her neck and back. New York State’s laws require that
victims of motor vehicle accidents meet certain threshold
requirements before they can sue. Failing to meet those threshold
requirements will result in dismissal of the case. Soft tissue
injuries usually are not enough to meet the threshold requirements.
While not a large case, Ms. Schlitt fought very hard for this client
and was able to negotiate a $5,000 settlement.
$1,000 for Cut Received While Getting a Haircut (Personal Injury
Case):
A Suffolk County man went for a haircut at a Selden barber shop. The
barber cut his neck during the hair cut. That cut developed into
dermatitis and required medical attention and treatment. A small
case yes, but an important case to the client. Ms. Schlitt pressed
hard and the case settled for $1,000.
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