Antonio Campos

Attorney Joseph Ginarte announced a settlement in the sum of 5.5 million
dollars arising out of the wrongful death of a painter who fell to his death in the
course of his employment.

The 5.5 million dollars settlement was approved by Federal District Court
Judge Thomas C. Platt in Uniondale, New York. The event which gave rise to this
lawsuit occurred when Antonio Campos was painting a water tower in Garden City.
New York and fell approximately 80 feet. As a result of the fall, Mr. Campos was
rendered totally and permanently disabled and eventually died as a result of
complication arising from this accident.

The Ginarte law firm filed a lawsuit against the town of Garden City as well
as Mr. Campos' employer Anka Painting Company in Federal District Court in the
Eastern District of New York. The lawsuit alleged violations of New York' s
labor-law. After three (3) years of intense litigation in federal court, Mr .Ginarte was
able to achieve a settlement in the sum of 5.5. million dollars on be half of Mr.
Campos' family.

Joseph Ginarte stated "we are very pleased with the results and even more
pleased that we were able to help Mrs. Campos and her young daughter. This was
a very difficult case and we were able to establish that this accident could have been
prevented if the defendants had taken necessary steps to provide proper fall
protection and other safety measures". Furthermore, Mr. Ginarte added that "we
are especially pleased with the results since several other law firms had told the
Campos family that there was nothing that could be done for them".

Miguel Torres

Attorneys Joseph Ginarte and John O'Dwyer announced a 3.9 Million Dollars settlement on behalf of a factory worker who suffered a debilitating injury to his arm while in the course of his employment.

The Ginarte law firm was able to achieve this significant settlement after three (3) years of protracted litigation in New Jersey Superior Court. The accident in question occurred in 2004 when Miguel Torres was in the course of his employment and operating an industrial machine. While operating this machine his left arm was pulled into the machine suffering severe orthopaedic and internal injuries. Unfortunately, he was rendered totally disabled and has been unable to return to work.

The Ginarte law firm filed a products liability complaint against the manufacturer of the machine. Attorney Ginarte added that "this is a tremendous victory for our client and his family since we were able to established that the machine in question lacked proper safety guards".

In addition, attorney John O'Dwyer added that "this accident could have been prevented if the manufacturer had taken proper steps to ensure the proper design of this machine.

Raul Silva

The Ginarte law firm announced a significant 3.5 million dollars settlement on behalf of a construction worker who was injured in the course of his employment. Partner John O'Dwyer was able to obtain a very significant settlement in a very challenging case.

The accident in question occurred in October 2001 when a metal beam fell on top of Raul Silva while working at a construction site owned by Viera's Bakery in Newark, New Jersey.

Unfortunately, Mr. Silva suffered significant injuries and was rushed to a local hospital where he remained in a coma for over three (3) weeks. As a result, he suffers from memory loss and has been unable to return to work.

John O'Dwyer stated "this is a tremendous victory for Mr. Silva and his family since we were able to establish that Viera's Bakery did not comply with safety guidelines required by law". The Ginarte law firm was able to establish that Viera's Bakery was negligent in failing to properly supervise this construction project. There were numerous safety violations at the subject construction site which contributed to the cause of this accident. Attorneys Joseph Ginarte and John O'Dwyer stated "we are delighted to achieve this significant settlement on behalf of Mr. Silva and his family and we are especially pleased because this was a very difficult case and we were able to achieve a terrific outcome for our client".

Ella Smith

Two chemical operators who worked in Newark together will get almost $2 million for injuries sustained from inhaling toxic fumes from a nearby chemical plant four years ago. Ella Smith, formerly of the Monmouth Junction section of South Brunswick, was awarded $1.4million, and Monmouth Junction resident Fred Harris received $395,000. They were both chemical operators at Hoechst-Celanese in Newark on July 7, 1992, when they were rushed to nearby hospitals after inhaling toxic fumes that they claimed were emitted by Peridot Chemical Inc. Smith, 49, who had worked at Celanese for 10 years, spent nine days in the hospital and was never able to return to work, said her attorney Richard Winograd. Harris, 51, a 20-year employee, spent a total of 18 days in the hospital and was out of work for four months.

Winograd said both employees had suffered permanent respiratory damage and mild cognitive impairment resulting from a three-to-five-minute exposure to sulphur dioxide and hydrogen sulfide, a claim contested by Peridot's attorneys. Both victims remained conscious but felt sick within minutes of the incident and were taken to area hospitals within a half-hour.

Extended exposure to large amounts of hydrogen sulfide and sulfur dioxide can be fatal, said Winograd. Winograd said that Peridot admitted that sulphur dioxide was a byproduct of its operation, but maintained the gas was not released on that day. He said Peridot denied that hydrogen sulfur was a byproduct. A secretary for John Leith, one of the three attorneys representing Peridot, said Leith would not comment. Winograd said Smith and Harris both have difficulty breathing when exerting themselves and find it hard to comprehend new information.

Omar Cruz

Plaintiff Omar Cruz was injured on August 5, 2003 while working at a construction site located on 164th Street in the Bronx, New York. Heavy rain from the night before had caused the trench in which the construction was occurring to cave in. The following morning, Mr. Cruz was ordered to go into the trench with two other workers to remove the stripping panels from the excavation site. Three minutes after the men entered the ditch, the excavator operator at the site moved the excavator causing the dirt to shift and the ditch to cave in further. The two other workers were able to escape, but Mr. Cruz was not as he had his back to the dirt wall and did not see it falling.

Mr. Cruz was buried under ten feet of dirt. He was immediately pulled out of the pit, but he was by then bleeding from his mouth and had lost consciousness. He suffered from severe internal bleeding, oral and facial injuries, and broken toes and leg. He currently suffers from back and stomach pain, difficulty in walking and moving due to the abdominal trauma, and he requires the assistance of a wheelchair.

Throughout the course of litigation, it was discovered that excavators should not be moved while men are working in a pit. This is in violation of the strict duties imposed upon construction site supervisors and owners under New York Labor Law. The case was litigated in the Supreme Court of New York - Bronx County before the Honorable Justice Alan J. Saks by Richard M. Winograd, Esq. and Gary R. Novins, Esq. It settled for $1,750,000 in 2008.

Jared McLean

In November 1996, fifteen-month-old Jared McLean was placed in the New Jersey foster care system under the watch of the Division of Youth and Family Services. Born prematurely and exposed to a number of drugs, diseases and developmental problems while in gestation, Jared was classified as a special needs medically fragile child by the State for which he required special medical attention.

Instead, Jared was placed in a foster home that was overcapacity with a single mother to two natural children and three foster children who, by her own admission, was depressed, experiencing financial problems, and felt stressed. Despite several visits by the State to the foster home wherein alarming issues with the living arrangements and care of Jared were noted, nothing was done to ensure Jared's proper care. Anonymous phone calls and missed doctor's appointments regarding Jared's welfare were all brought to the attention of the State, but Jared remained in the home.

It was the culmination of these factors that led to Jared's injuries. In October 1997, his foster mother left him alone and unclothed in the kitchen sink as she walked off to get a bath towel with which to bathe him. In that instant, Jared was severely burned by hot water that spewed from the faucets at full pressure after he accidentally kicked a loose hot water faucet. Rather than seek immediate medical attention, Jared's foster mother rubbed what is believed to be benzyl peroxide on his burns and put him to bed. Upon discovering in the morning that the skin had blistered overnight, the foster mother waited until her other children went to school before taking him to the hospital.

Richard M. Winograd, Esq. litigated this case on behalf of the plaintiff minor before the Honorable Judge Raymond A. Reddin of t he Passaic County Superior Court. This case settled for $1,700,000 in early 2008.

Mauro López

189 N.J.L.J 1021 NEW JERSEY LAW JOURNAL, SEPTEMBER 17, 2007 9 Suits & deals.

$1.475M for Workplace Accident Lopez v. Sender Ornamental Iron Works Inc.: A Union City masonry worker has received $1.475 million to settle his suit over injuries suffered while using a machine on the job.

The accident occurred on Sept. 12, 2005, at Cambridge's Pavers Inc. in Lyndhurst. Employee Mauro Lopez, then 46, was using a machine that tumbled and stacked paving stones when his right hand became caught in a moving part.

His lawyer, John O'Dwyer, of Newark's Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, says Lopez suffered multiple fractures to his hand and forearm that required multiple surgeries to repair. 

The product-liability suit, venued in Hudson County, named the machine's manufacturer, Sender Ornamental Iron Works Inc., of Pennsylvania. O' Dwyer says the award, offset by a workers' compensation lien of $310,000, was paid on July 29. Sender Ornamental's carrier, the Continental Insurance Co., retained Lee Eckell, of Princeton's Post & Schell. He refused to confirm the settlement.

Pavon

Pavon, et als v. 19th Street Associates, LLC, 17 Misc.3d 1125(A), 851 N.Y.S.2d 72 (Table) N.Y. Sup., 2007. This was a complex New York City building chemical explosion case which was ordered coordinated by the Litigation Coordinating Panel as it was determined that there were common technical and factual issues of causation.

Plaintiffs sought to recover for personal injuries arising from an April 25, 2002 explosion that gutted a Chelsea building and sent fears of terrorism rippling throughout New York City when two employees of Kaltech Industries Group, a sign manufacturing company on West 19th Street, transferred chemicals from smaller drums into a larger one for disposal. More than 40 people were injured. Our client had worked for Kaltech and sustained severe burns to parts of his body as a result of the explosion. Defendants moved for Summary Judgment dismissing plaintiffs' complaint, arguing that under a lease rider, tenant Kaltech was responsible for insuring the safe use of chemicals on the premises absolving defendants of liability to plaintiffs.

On November 8, 2007, the Honorable Judge Shirley Werner-Kornreich rendered a decision in favor of the plaintiffs, defeating defendants' motions for summary judgment, in ruling that there was evidence in the record that defendants knew of the chemical use and concluding that it was a question of fact as to whether it was sufficiently hazardous that defendants should have taken steps to protect third persons. The case was reported on and published in the New York Law Journal. On February 28, 2008, the case was successfully negotiated and resolved for $1,375,000 at Mediation. Richard M. Winograd, Esq. and Gary R. Novins, Esq. were co-counselors for the Plaintiff.

Donald McKenzie

Accident leads to $1 million jury award

A former employee of Sea- Land Corp. in Elizabeth and his wife won a 1.25 million award after he suffered an on-the-job fall that has kept him out of work, his attorney said yesterday. After 1 ½-week trial before Superior Court Judge A. Donald McKenzie, a jury on Monday awarded John Fanoli of Brooklyn $900,000 in personal damages and his wife, Molly, $350,000 stemming from an accident at the dockyard, said Joseph Ginarte, one of the two Newark lawyers representing the plaintiff.

Ginarte said his client sustained serious injuries when he fell from an aluminum ladder as he was disembarking a barge at the company's docks on June 27, 1986. Fanoli, a shore gang worker, slipped from the ladder and fell about 15 feet onto a pile of wood pilings on the dock, Ginarte said. The plaintiff sustained multiple fractures and spent 2 ½ months in Elizabeth General Medical Center-West. His injuries included a shattered hip, which required surgery for replacement, and damage to the nerves in his hands, Ginarte said. Fanoli has been out of work since the accident, the attorney said.

He said Fanoli brought a negligence suit against the company after officials there told him he could not seek anything other than workers' compensation. Fanoli and his attorney have contended that Sea-Land should have a gangway with handrails rather than a ladder for disembarking from barges, which are substantially higher than the docks. The plaintiff also said that beyond providing compensation the company has a separate duty to provide a safe exit and entrance to the barge.

The jury found Sea-Land was 100% negligent in the case, Ginarte said. The attorney representing Sea-Land could not be reached for comment. Ginarte said Sea-Land took the position that because Fanoli was his 60s; the case was not worth as much as it would for a younger couple. Fanoli walks with a cane and most likely will have to undergo a second hip replacement operation, his attorney said.

"Money cannot replace his health, but it will help him. They will be able to at least have the monetary means to enjoy their golden years together," said Ginarte, who tried the case with his partner, Richard Winograd.

Diego Jaramillo

Suits & deals Driver Recovers $1.25M for Claim of Disfigurement in Warehouse Mishap Jaramillo v. Whitehurst & Clark Inc.: A truck driver who claimed to have suffered permanent facial injuries in a warehouse accident agreed on April 30 to a $1.25 million settlement. Diego Jaramillo of Newark was unloading his truck at a Whitehurst & Clark Inc. warehouse in Edison on Jan. 17, 2002, when a pallet loaded with boxes fell from a forklift and hit him on the head. The complaint charged that Whitehurst & Clark's forklift driver lacked proper training and was negligent for lifting two stacked pallets at once.

Jaramillo, now 39, suffered fractures of the jaw, nose and bones surrounding his right eye, giving him a sunken right cheek and crooked nose that were only partially remedied by surgery, according to his lawyer, John O' Dwyer, a partner at Ginarte O'Dwyer Gonzalez Gallardo & Winograd, LLP in Newark. The parties settled after a conference with Essex County Superior Court Judge James Rothschild Jr. Whitehurst & Clark's liability carrier, St. Paul Insurance Co., asserted a third-party claim against Jaramillo's employer, Kreilkamp Trucking, of Allenton, Wis., under New Jersey's loading-and-unloading doctrine, by which a trucking company may owe defense and indemnification to a third party - here, Whitehurst & Clark - for negligence during the process.

Kreilkamp's primary motor vehicle insurance carrier, Fireman's Fund of Novato, Calif., agreed to tender its primary coverage of $1 million. The excess carrier, National Union, a unit of AIG of New York, is potentially on the hook for the remaining $250, 000 but is disputing with St. Paul's over the amount. White & Clark's lawyer, Jeffrey Segal, an associate at Marlton's Rawle & Henderson, confirms the settlement.

Yerica Febus

The Star-Ledger Thursday, AUG. 17, 1995 FINAL EDITION After several operations, child regains the looks lost in accident By KINGA BORONDY Yerica Febus got better. She said so yesterday after visiting the room in the children's ward of Newark's University Hospital, where she spent 11 days after an accident last October in which the left side of her face was scraped to the bone.

She spent many more days there in the following months while plastic surgeons reconstructed her face. "I got better," she said happily in the hallway and the playroom where her doctors - Anthony Berlet, Allen Rosen and Bill Kivett - gathered to explain the procedures they had used to make Yerica a pretty little 6-year-old again. "When she came in, it looked like her scalp had been sanded off," Berlet said. The girl was in shock and had lost the skin from the left side of her head, from the cheeks to behind the hairline, and her left ear had been torn from her scalp. Her attorney, Joseph Ginarte of Newark, said Yerica was 5 when she was struck by a van as she crossed the street with her father. Her head had been trapped in the tire well of the vehicle and she was dragged several feet before the driver was able to stop. "I wasn't there," said her mother, Bethzaida Seguinot. "By the time I heard, she was already in the hospital.

'I thought the worst. It hurt to see her with so many tubes, So many machines, so much blood. I only wanted her to get better, to live.' - Bethzaida Seguinot, Yerica's mother - No one said anything to me about what had happened until I arrived. "But I thought the worst. At first, I thought both my children were dead." Seguinot said. Reality was a little better. Her son, Victor, 8, who was also with his father that day, was unharmed. "It hurt to see her with so many tubes, so many machines, so much blood," said the mother. "I only wanted her to get better, to live." Doctors started working immediately. "Her injuries were not life-threatening, but they were quite traumatic," Berlet said. Four days after the accident, when she had been stabilized and her ear had been reattached, the team of surgeons removed a muscle and a small flap of skin from Yerica's back and attached it to her head and neck. They took another skin graft from her thigh to cover the muscle.

When the graft had healed, doctors placed a balloon, called a tissue expander, under the graft and filled it slowly with salt water. "The expander stretches the tissue," Berlet said, explaining that after the flesh expanded, the balloon was cut out and the skin was positioned to give the girl a natural hairline. "Last week, we cut it out," Berlet said. He lifted Yerica's dark curly hair away from her face and said there will be more operations, designed to minimize the scarring. One operation will remove the skin grafted to her cheek from her back and replace it with skin that matches the lighter tone of her face. Yerica grimaced as the doctor pulled the curls away from her face; she wrinkled her nose and shut her eyes. But she didn't pull away.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $750,000 in Essex County on behalf of a man who sustained an aggravation injury to his lower back after being rear-ended by a commercial van. It was alleged in this case that the accident aggravated a pre-existing disc herniation and disc bulge sustained in a separate accident three months prior. As a result of the accident the plaintiff underwent fusion surgery as well as additional surgeries including installation of spinal stimulator.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $575,000 in Union County for an infant plaintiff, age 7 at the time of settlement, who suffered lead poisoning after being repeatedly exposed to peeling and chipping lead paint on defendant's property. The parents of the infant had complained to the owner of the property many times before, especially after seeing a paint chip in the infant's mouth. The child's levels were more than 4 times the upper normal limits, requiring chelation therapy.

Arelis Hernández

New Jersey Law Journal Suits & Deals 20 Personal Injury Awards of the Year Worker Whose Fingers were Severed by Punch Press Receives $490,000 Hernandez v. Topco Inc.: A factory worker who lost two fingers in an industrial accident received $490,000 on Aug. 15 to settle her Union County suit. Arelis Hernandez, now 30, of Elizabeth claims she was retrieving a piece of trimmed metal from a punch press at Topco, Inc. in Elizabeth on June 13, 2003, when the cutting die descended unexpectedly. The accident severed the index and the middle finger of her left hand.

Her attorney, Richard Winograd, of Ginarte, O'Dwyer, Gonzalez & Winograd in Newark, says Topco's in-house mechanic said the punch press was supposed to have been sidelined for repairs. The die that trims the metal sometimes came down more than once, partly because of the installation of a replacement valve not meant for the machine, Winograd says.

Hernandez sued under Laidlow v. Hariton Machinery Co Inc. 170 N.J.602 (2002), which permits workers to recover from employers who know death or injury is likely from workplace conditions. Topco paid $465,000. The valve maker, SMC Pneumatics of Indianapolis, who allegedly should have indicated in its packaging and literature the valve was not suitable for punch presses, paid $25,000.

Topco's lawyer, John Sawicki of Stevens & Schwab in Secaucus, and SMC's lawyer, Michael Muscio of Muscio & Kaplan in Denville, did not return calls.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $400,000 in New Jersey Federal Court for an undocumented worker who fell at a factory due to a drain cover that had not been secured properly. The worker had been in the defendant's plant doing asbestos clean-up with his employer for at least one month prior to the incident. The worker sustained an Achilles tendon rupture necessitating surgical repair and a resulting scar.

By Perez

Christopher Perez, Esq. served as co-counsel in this personal injury matter wherein they successfully obtained a $260,000 settlement to compensate for the fracture to his femur that he suffered at his daycare center.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $247,500 in Hudson County for a man who sustained a fractured right leg necessitating surgery after a chain link fence fell on him while at work performing his job duties as a security guard.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $230,000 for a woman who slipped on a wet floor in her employer's bathroom that had recently been cleaned by third party janitorial service. It was alleged that there were no warning signs to indicate that the floor had been recently cleaned and was wet. Plaintiff sustained some loss of hearing in her left ear after falling on her left side a disc herniation.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $210,000 in Ocean County against a day care center tenant and property owner for a woman who slipped and fell on an icy sidewalk at a mini strip mall building while picking up niece and nephew from day care center. The woman sustained a fractured ankle necessitating surgery. The plaintiff's engineer maintained that the structure was defective and dangerous because the slant of the roof was such that water or snow would frequently fall onto the edge of the sidewalk, creating a slipping hazard upon freezing temperatures. The plaintiff also contended that the defendant day care center was aware of the danger and that although several inches of snow had fallen several days earlier, it had not put down salt or other chemicals as it had done in the past.

By Kleinfeldt

settlement obtained for a group of four employees alleging they were the victim of a racially hostile work environment.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $167,500 in Hudson County for a man who sustained lacerations to his right wrist with resulting scarring after being cut by broken glass from a window. The plaintiff resided in the apartment where the accident occurred and had previously complained to the property owner who also resided in the building about the dangerous condition of the window.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $150,000.00 in Union County for a woman who was a passenger in a vehicle where the driver lost control and struck a utility pole. The plaintiff sustained a left elbow fracture.

By Gallardo

Michael A. Gallardo, Esq. obtained a recovery of $150,000 in Essex County for an undocumented man after being hit by defendant driver who made a left turn into parking lot as inebriated plaintiff was walking on sidewalk. The plaintiff sustained a cervical herniation necessitating fusion surgery. Mr. Gallardo was able to successfully represent the plaintiff although the plaintiff acknowledged to the responding police officer that he had consumed 8 beers prior to the accident.

By Kleinfeldt

Attorneys Adam Kleinfeldt, Esq. as lead counsel, and Matthew Schoen, Esq. as co-counsel obtained a jury verdict for $98,400.00 in emotional distress damages in a state court suit filed on behalf of a homosexual man who was repeatedly harassed at work by his manager.  The manager regularly ridiculed the man for being homosexual and often used derogatory slurs to describe homosexuals. 

By Perez

Christopher Perez, Esq. served as co-counsel in this suit wherein they were able to successfully obtain a $78,000 pre-suit settlement to compensate for sizeable property damages caused by a cigarette fire.

By Perez

Christopher Perez, Esq. served as co-counsel in this federal suit against the manufacturer of a defectively designed refrigerator that caused significant property damage and loss of business income for an apartment complex.