Edward H. Gersowitz Digs in and Recovers $8 Million on a Pedestrian Accident Case that Others Would Have Settled for Much Less

One accident forever changed the life of a teenager. 15-year-old Jenny D. was struck by a van while crossing the street against a red light on April 1, 2000. She suffered serious injuries, including a brain injury. Instead of getting the compensation that she deserved, Jenny’s case was in large part stalled because of the bankruptcy of the insurance company of the negligent driver and because the vehicle only carried a $25,000 insurance policy.  $25,000 was not a settlement amount that Senior Partner Edward H. Gersowitz was willing to accept.

Still, Mr. Gersowitz did not give up on the claim. He fought long and hard to bring justice for the victim and her three children. After jury selection and a trial that lasted six weeks, the parties agreed to a settlement in the amount of $8,025,000.

Facts of the Lawsuit

On April 1, 2000, Jenny D., then 15 years old, was crossing the street against a red light at East 161^st Street and River Avenue in the Bronx. At that time, the New York City Transit Authority (NYCTA) had an ongoing project to renovate the bus lines in that area. While crossing the street, Jenny was struck by a van driven by Ariel Gonzalez. Mr. Gonzalez said he never saw Jenny until he heard the impact to his van.

Jenny’s head struck the vehicle, causing her to lose consciousness. She was diagnosed with a brain injury, which significantly affected her life for the next 14 years. Notwithstanding the brain injury and seizure conditions, she had three children following the accident.

The Construction Defect Claim

Major obstacles prevented a quick settlement.  However, attorney Edward H. Gersowitz was not ready to give up until he obtained the right compensation for his client. Mr. Gersowitz’s hard work and due diligence revealed that a barricade blocked both the victim and Mr. Gonzalez from seeing each other. Mr. Gersowitz also uncovered that the NYCTA’s plan provided that there were to be no obstructions to the sight lines during construction.

Jeff S. Korek and associate attorney William Hackwelder tried the case for six weeks at The Bronx Supreme Court.  To support their claim, they built life-sized images of the barricades for the court to reconstruct the accident scene and to highlight the negligence that caused our client to suffer such extensive injuries. The legal team’s hard work and dedication to their client was rewarded by a just settlement of $8,025,000.

We Can Help

If you or a loved one was injured as a result of the negligent actions of another party, you should immediately hire a personal injury attorney to help you get the maximum compensation that you deserve.

The attorneys at Gersowitz Libo & Korek, P.C. are committed to the relentless pursuit of victim’s rights in New York and New Jersey for over 25 years. They have the necessary experience and knowledge to aggressively fight to get you the compensation that you deserve.

Call us at 800.529.9997 to schedule a complimentary consultation with one of our experienced New York personal injury attorneys today.