Haworth Coleman & Gerstman, LLC

A SAMPLING OF OUR TRIAL RESULTS

Plaintiff v. National Telecom Company, U.S. District Court, Southern District of New York
Plaintiff suffered severe injuries as the result of an accident in New York's Penn Station. The railroad owning Penn Station contended that the dangerous condition resulted from the telecom company's installation of its wireless facilities in Penn Station. Plaintiff obtained a $4.2 million verdict against the railroad; Scott Haworth obtained a defense verdict on behalf of his client. The railroad's indemnity claim, which involved issues concerning contractual interpretation and insurance failed as well. The railroad's post-trial motion seeking to overturn the verdict with respect to indemnity and insurance coverage was denied.

Plaintiff v. Industrial Gardening Product Manufacturer, U.S. District Court, Southern District of New York
Scott Haworth tried this product liability matter involving a commercial lawn mower accident, resulting in multiple finger amputations. Plaintiff's liability expert opined as to design defect. The case resulted in a defense verdict.

Plaintiff v. Crane Company, Superior Court, Hudson County
Product liability matter involving a crane accident resulting in catastrophic injuries to the crane operator. Plaintiff was injured when the crane's boom collapsed and landed on his head as he attempted to erect the crane's jib. Plaintiff's liability expert contended the crane had been improperly designed and opined as to several alternative designs that he claimed would have prevented the accident. Scott Haworth successfully argued in favor of a hearing to determine the reliability and admissibility of the expert's opinions. Following the hearing, 4 out of the expert's 5 theories of defect were precluded. Plaintiff's "non-negotiable" pre-trial demand was $5 million. This decreased to $1.5 million during plaintiff's 2 days of testimony. Several weeks into trial, the case was settled for substantially less than the amount of the workers' compensation lien.

Plaintiff v. Residential Apartment Complex, Supreme Court, Queens County
Negligent security matter tried by Scott Haworth involving security officers at large apartment complex located in Queens, New York. Plaintiff alleged she was beaten and falsely imprisoned by security personnel, resulting in severe psychiatric and other injuries. Based largely upon documents obtained through aggressive investigation and cross-examination at trial, we obtained a defense verdict.

Plaintiff v. Steel Manufacturer, Superior Court, Burlington County
Client was constructing a bridge in New Jersey, when the barge upon which the bridge was being constructed tipped, allegedly rendering useless, utility cables located on the creek bed, utilized to supply electric power to Southern New Jersey. Plaintiff alleged significant consequential and property damages. Following jury selection and cross-examination of multiple witnesses, Scott Haworth resolved the case for a small percentage of the cost of the repair and replacement of the electrical cables.

Plaintiff v. Roof Equipment Manufacturer, Superior Court, Hunterdon County
Product liability matter tried by Scott Haworth involving a roof hatch manufactured by our client. Plaintiff construction worker fell through the roof hatch landing on a concrete floor approximately 15 feet below, resulting in severe leg and closed head injuries. Plaintiff alleged the hatch was defectively designed, resulting in a grip detaching as plaintiff attempted to close the hatch while standing on a mounted ladder below. Mr. Haworth utilized a videotaped accident reconstruction produced at the client's premises to demonstrate that the accident could not have occurred as claimed, and impeached plaintiff and his expert engineer on this basis. The case settled for $50,000 following several days of trial, substantially less than the amount of the workers' compensation lien, leaving plaintiff with a minimal recovery and saving our client substantial expense.

Plaintiff v. Industrial Door Manufacturer, Superior Court, Ocean County
Product liability matter tried by Scott Haworth involving an industrial floor door installed at a water treatment facility. Plaintiff fell through the floor door while hoisting heavy machinery from an equipment vault, 12 feet below. He landed on his head, resulting in catastrophic closed head, orthopedic and other injuries as well as a permanent inability to work. Plaintiff contended the floor was improperly designed in that it lacked the fall protection required by various ANSI standards. The case settled following opening statements for substantially less than the workers' compensation lien.

Plaintiff v. Agricultural Machinery Manufacturer, Supreme Court, Kings County
Product liability matter involving an industrial cabbage coring machine accident resulting in finger amputations. Plaintiff claimed permanent inability to work. Pre-trial demand was $1.5 million. Third-party defendant employer paid in excess of $325,000 at close of plaintiff's case, by which time all but the defendant's expert engineer had testified. Scott Haworth moved for a directed verdict based upon the "product alteration" doctrine as set forth in Robinson v. Reed-Prentice. Based upon the court's admonition that the motion would be granted if plaintiff did not accept defendant's standing settlement offer of $50,000, the case was settled in that amount.

Plaintiff v. Clothing Manufacturer, Supreme Court, New York County
Product liability flammable fabric matter involving adult women's pajamas. Plaintiff sustained catastrophic burns covering 55% of her body. Many of the burns were categorized as 4th degree, resulting in exposed bone. Several weeks into a lengthy trial, the client's insurer negotiated a hi-low agreement of $500,000/$1,750,000, both figures being well below the sustainable verdict value for this gruesome injury. Over objection, the court crafted a complex jury questionnaire, resulting in an inconsistent verdict that the defendant was negligent but did not manufacture a defective product. The verdict was $1.3 million, despite nearly $1 million in medical special damages and an undisputed complete inability to continue employment as a nursing aide.

Plaintiff v. Foreign Broadcasting Company, U.S. District Court, Southern District of New York
Barry Gerstman tried a $23,000,000 commercial litigation matter involving a claim that Tiffany Glass art objects were damaged during an exhibition sponsored by Mr. Gerstman's clients in Japan. Prior to trial, Mr. Gerstman participated in a Daubert hearing that resulted in the preclusion of all of plaintiff's causation experts. The case settled after two weeks of trial.