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BRAND BRAND NOMBERG
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Motions

 

Medical Malpractice NYC

 

Medical MalpracticeThe plaintiff won a medical malpractice trial against the defendant doctors in New York County. The jury found that the defendants were negligent in the back surgery performed and in monitoring the anesthesia. The defendants made a motion to set aside the verdict as against the weight of the evidence and the judge denied their motion. The court notably stated in the decision that “I believe it was the extremely effective cross-examination of Dr. Choudhri himself [by trial attorney Brett J. Nomberg] that provided ample support for the jury’s findings of responsibility.”
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New York Auto Accidents


Pedestrian teenager struck by a car on a sidewalk
This action involved a pedestrian teenager struck by a car while walking within the crosswalk. The boy was crossing the street in the crosswalk in Brooklyn, New York City when he was struck by the defendant driver making a left turn. BBNR made a motion for summary judgment to decide liability as a matter of law and the motion was granted by the court.
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Rear End Hit
The defendant driver backed up his vehicle and struck the plaintiff’s vehicle in Brooklyn, New York. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled shortly after winning this decision. 
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Struck in the RearThe plaintiff driver was struck in the rear by the defendant motor vehicle driver in Rockland County, New York. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled shortly after winning this decision. 
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Struck in the Rear at the Traffic Light The plaintiff motor vehicle driver was stopped at a light when he was struck in the rear by the defendant’ vehicle in Queens County, New York.  The court rejected the defendant’s argument that the plaintiff stopped short and granted summary judgment, finding that the defendant was at fault as a matter of law.  The case eventually settled after this decision.

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Rear End CollisionThe plaintiff driver was struck in the rear by the defendant motor vehicle driver in the Bronx. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled shortly after winning this decision. 
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Struck in the Rear At the Traffic LightThe defendant motor vehicle driver struck the plaintiff’s motor vehicle in the rear while stopped at a traffic light in Westchester County, New York. The defendant claimed brake failure. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled shortly after winning this decision. 
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Hit in the Rear on the HighwayThe plaintiff driver while stopped on the highway was struck in the rear by the defendant motor vehicle driver in Queens, New York. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled shortly after winning this decision. 
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Hit in the RearThe plaintiff motorist was driving slowly in traffic when she was struck in the rear by the defendant’s vehicle in the Bronx, New York.  The defendant argued that the plaintiff stopped short which was rejected by the Court.  The court granted plaintiff summary judgment, finding that the defendant was responsible for the accident as a matter of law.  The case settled shortly after this decision.
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Construction Accidents in NYC

 

Falls from the Scaffold The plaintiff, a Polish speaking construction worker was working on a scaffold performing bricklaying. When the construction worker asked to take a bathroom break, the supervisor told him to use the material hoist basket to go down instead of wasting time lowering the entire scaffold. The plaintiff when trying this fell out of the basket and onto the ground fracturing his hip. The supervisor denied telling the worker to do this. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled right before trial. 
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Falls from the forkliftThe plaintiff was a construction worker who worked for a framing company.  The defendant failed to provide proper safety devices to either prevent a fall or protect the worker from a fall, such as a safety harness, safety line, or safety net.  The plaintiff was directed to try and dislodge a wooden beam from a forklift stuck on the third story without any safety devices.  The worker managed to dislodge the wooden beam, but in the process lost his balance and fell to the ground from over 3 stories above, resulting in devastating personal injuries. The court found that the defendant violated the NYS Labor law and was solely responsible for causing the accident.
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