Recent Cases

Khan v. Kozlenko

Gordon & Gordon, P.C. represented plaintiff Fayaz Khan, who was acting individually and as the administrator of his late wife’s estate, in his suit against bus driver Igor Kozlenko; the bus’s operator, MTA Bus Co.; and the Metropolitan Transportation Authority. The lawsuit alleged Kozlenko showed negligence in his operation of the bus and, further, that the remaining defendants were vicariously liable for his actions. In the incident, the bus drifted into the median, which was both paved and clearly marked by yellow lines. An accident reconstruction expert who reviewed camera footage showed that Kozlenko was speeding at the time of the accident. Ms. Khan suffered a skull fracture, fractures of the ribs, a fracture of the left collarbone, puncture wounds and collapsed lungs, and lacerations of her heart, liver and spleen. Ms. Khan was the family’s sole earner in addition to being the main source of emotional support for their children. In the suit, Khan’s estate sought wrongful death damages including funeral costs, an unspecified amount for the past and future loss of Khan’s earnings, and damages for Khan’s loss of parental guidance. The Metropolitan Transportation Authority agreed to pay $8,500,000 to Khan’s estate.

Ehrhardt v. Mastromonaco

This lawsuit revolved around Charles and Leslie Ehrhardt, involved in a highway rear-end accident. The vehicle that struck the Ehrhardt’s was driven by J.D. Mastromonaco. After retaining the counsel of Gordon & Gordon, the Ehrhardt’s sued Mastromonaco for negligence in the operation of his vehicle, and liable for their collision and injuries. The jury determined Mastromonaco was fully liable for the collision determining Charles Ehrhardt should be awarded a total of $750,000 and Leslie Ehrhardt should be awarded $1,410,000.

Gatbonton v. Riggi

Gordon & Gordon, P.C. was able to help their client, Anna Kristina Gatbonton, win a $400,000 settlement after she was injured in a motor vehicle accident in Queens. Gatbonton was driving near the intersection of 157th Avenue and 90th Street when she was struck by another vehicle. This vehicle was operated by Krystle Riggi and owned by Maria Riggi. Having sustained injuries, Gatbonton filed a lawsuit against the Riggi’s for negligence and carelessness while operating a vehicle. She sought compensation for both pain and suffering and property damage. The jury awarded Gatbonton $125,000 for pain and suffering along with $275,000 for future pain and suffering for 53 years.

Demorin v. Rappaport

Gordon & Gordon, P.C. won a $385,000 settlement for their client after she was rear-ended by a car while stopped at a traffic light. The plaintiff, Elizabeth Demorin, was driving her car on New Hempstead Road. She stopped at a red light at the intersection of Little Tor Road in New City and was struck from behind by a vehicle operated by Neil Rappaport. Demorin claimed Rappaport was looking at his cell phone directly before the impact. The defendant conceded liability for negligent driving. After the accident, Demorin was taken to the hospital and received minor treatment for lower back pain. However, she claimed the accident exacerbated a pre-existing intervertebral herniation. Demorin started physical therapy, which continued for two years. She eventually had to undergo posterior fusion and laminectomy. Demorin lost approximately six months of work due to her injuries. She sought damages for past and future pain and suffering along with medical expenses. During the lawsuit, her orthopedic surgeon submitted a report that showed the success of Demorin’s surgery. However, the report also showed an ongoing problem with the range of motion in her lower back. The case was settled after a jury selection with Rappaport’s insurance carrier agreeing to pay Demorin $385,000.

Lopardi v. London

Gordon & Gordon, P.C. represented plaintiff Joseph Lopardi after he was struck by a negligent driver in Queens. 60-year-old Lopardi was driving on 36th Avenue near the intersection of Corporal Stone Street in Bayside, Queens. As he proceeded through the intersection, his car was struck in the right, rear side by a vehicle driven by defendant Massako London. Lopardi sustained injuries to his neck and back and was transported to North Shore University Hospital, where he received minor treatment. After claiming he sustained herniations of two intervertebral discs, he underwent eight months of treatment. This included chiropractic care, physical therapy, and injections of steroid-based painkillers. Eventually, he underwent spinal fusion surgery which included implantation of stabilizing hardware. After 17 additional weeks of physical therapy, Lopardi claimed that while his neck pain had been resolved, he still suffered from a lack of range of motion in his neck. He also claimed he could no longer engage in activities such as jogging and paddleball, which were both parts of his previously active lifestyle. He sued Massako London and the owner of the vehicle, Robert London. He claimed Massako had struck his vehicle after running a stop sign. The jury awarded Lopardi with $1,200,000 for past and future medical bills along with past and future pain and suffering.

Gallardo v. Analeni

New York –  Gordon & Gordon, P.C. won a defense verdict for their clients who were falsely accused of failing to pay appropriate overtime wages to an employee. The defendants, Carmen and Galo Gallardo, hired Rosibel Analeni as a housekeeper for their home in Roslyn Heights. The job duties included general maintenance of the two-story house. The Gallardo’s also ran a child-care facility called My Little Sunshine Daycare, Inc. out of their home. Analeni sued the Gallardo’s, claiming she worked an average of 55 hours a week for the daycare facility and didn’t receive legally-required overtime pay. Her attorney claimed that My Little Sunshine Daycare, Inc. was a registered business, and thus bound by the state’s minimum wage laws. Ms. Anaseli sought recovery of $25,000 for four years of overtime pay. In defense of the Gallardos, Peter Gordon of Gordon & Gordon claimed Analeni was not an employee of My Little Sunshine Daycare, Inc., but instead an off-the-books worker who was only employed as a housekeeper. He also showed that her average weekend hours didn’t exceed more than three hours of work and earned her an additional $60 a week. The jury ruled in favor of the defense, finding that Analeni was only an employee of Ms.  Gallardo and not the daycare facility operated out of the house.

Hamilton v. Macalino

New York – Gordon & Gordon, P.C. won a $250,000 settlement for their client who was injured while riding a school bus. Cynthia Hamilton, a bus matron, was riding a school bus as it traveled on Ditmas Avenue near the intersection of East 19th Street in Brooklyn. The bus driver stopped as he reached a red light at the intersection. While stopped, the bus was hit from behind by a vehicle driven by Edgardo Macalino, who had also stopped behind the bus. However, his car was hit from behind, propelling him into the bus. The other driver was Aurea Macalino. Hamilton sustained back and shoulder injuries, though she finished her workday and received minor treatment a few days later at Beth Israel Medical Center. She claimed to have sustained a herniation of an intervertebral disc, and tears to her right shoulder. After nine months of physical therapy, Hamilton underwent arthroscopic surgery and received injections of steroid-based painkillers. After these treatments, she claimed the injuries continued to affect her ability to perform everyday activities. She sought recovery for past and future medical expenses along with past and future pain and suffering. A jury found that Aurea Macalino was liable for the accident. However, the parties negotiated a settlement before trial and Macalino’s insurer paid out $250,000.

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