Block O'Toole & Murphy, LLP

Partners Daniel O'Toole and Frederick Aranki secured a $12,500,000 settlement for a pedestrian who suffered severe injuries after being struck by one vehicle and run over by another while crossing the street. The horrifying accident caused our client to sustain permanent, disabling injuries, including a traumatic brain injury, multiple fractures throughout his body, and disc herniations in his cervical and lumbar spine. These injuries left him completely disabled from work, and he will require medical care for the rest of his life.  Despite crossing the street with the walk sign in his favor, our client was knocked down by a driver making a left turn. A second driver, also turning left, failed to notice our client, and proceeded to drive over him. Our attorneys alleged that the Defendant drivers were 100% at fault for the accident, having violated New York Vehicle and Traffic Law by failing to yield to a pedestrian’s right of way.

Associate Aaron Fishkin and Partner David Scher secured a $1,650,000 settlement for a 51-year-old passenger of a vehicle that was sideswiped by a tractor trailer. Our attorneys filed a motion for summary judgment asking the Court to find the defendant truck 100% responsible for the incident. That motion was pending at the time of settlement. Our attorneys claimed that the accident exacerbated our client's prior neck and knee injuries, leading to surgeries to both body parts. The defense strongly contested our liability and damages claims. The case was settled prior to trial, following a private mediation. This case was referred to our Firm by an attorney.

Partners Jeffrey Block and S. Joseph Donahue secured a $4,400,000 settlement for a New York City Sanitation worker who suffered neck, back, and knee injuries when his truck, unprepared for icy conditions, flipped onto its side while driving down a steep hill. Conservative treatment failed to address our client’s pain, and he underwent cervical and lumbar fusion surgeries as well as an arthroscopic right knee repair. Our client was performing roadway salt spreading operations when the accident occurred. Prior to his shift, he noticed that his assigned truck did not have chains affixed to the tires, which went against New York Department of Sanitation guidelines for vehicles used in roadway snow remediation. Despite notifying his supervisor of the issue, our client was sent out without tire chains, causing his vehicle to slip on the icy road and ultimately turn over. Our attorneys claimed that the City of New York had acted negligently by failing to equip our client’s truck with the proper equipment. Though the defense alleged that there was no snow on the roadways and therefore no need for chains on the tires, the case settled prior to trial.

Partners Daniel O'Toole, Pawel P. Wierzbicki, Esq., and Joshua Stern recovered $6,000,000 for a 54-year-old client who sustained neck and back injuries in a motor vehicle accident in New York City. After conservative treatment failed, our client underwent cervical surgery. Unfortunately, this procedure also failed to alleviate his symptoms, so he underwent revision surgery. Our client had significant prior neck and back injuries but was able to work full-time before the accident. After the accident, he took a few weeks off work, then returned full-time for about six months before undergoing the first of two surgeries. He never returned to his maintenance work after the first surgery, and our attorneys alleged lost earnings for his work-life expectancy. Although the settlement will not reduce his pain and suffering, it will help alleviate the financial burden on his family caused by the inability to work.

Partners Stephen Murphy and Michael Hurwitz secured a $1,300,000 settlement for a home health aide who slipped and fell on a wet floor in the deli section of a supermarket. The accident caused her to suffer disc herniations which necessitated spine surgery after conservative treatment failed. She continues to deal with chronic pain that restricts her daily activities.  Our attorneys argued that the Defendants knew about the wet floor and should have taken steps to protect customers from the potentially dangerous conditions. The Defendants, however, claimed that they did not know about the problem, and that our client’s injuries were degenerative in nature. Despite this, the case settled prior to trial. 

Partners Daniel O'Toole, Scott Occhiogrosso, and Joshua Stern obtained a $5,000,000 settlement for a 60-year-old female construction worker who was struck on her hardhat by a piece of sheetrock. The debris was dropped from a scissor lift about twenty feet high during demolition work. The force caused cervical and lumbar spine injuries. Our attorneys successfully argued that the owner and general contractor were liable under New York Labor Law 240(1) for failure to protect the Plaintiff from the falling object. The firm obtained Summary Judgment and was prepared for a damages-only trial. Shortly before trial, the matter settled at mediation.

We're excited to introduce the next big step for Block O'Toole & Murphy — after 21 years in our current office, we're moving! As construction begins to wrap up, we thought we'd share a sneak peek of the new space. This change will bring new opportunities for growth (and fun) to BOM, and we can't wait to share the final results with everyone soon.

We’re proud of the pro bono work Associate Michael San Roman has been doing with the New York Legal Assistance Group, an outstanding organization that provides free civil legal services for low-income New Yorkers. Together with NYLAG, Michael helps people understand their legal rights when dealing with issues like housing and employment discrimination.

As a law firm dedicated to advocating for and advancing worker safety, we are pleased to see the New York Department of Labor has issued new guidelines to protect workers from the dangers of extreme cold. Recognizing the risks workers face in low temperatures and high winds, the guidelines advise employers to schedule outdoor work during only the warmest parts of the day, prepare emergency response plans, and train supervisors to notice and address the signs of cold-related illnesses. These, along with other safety recommendations, help protect New York’s workers during the coldest winter months. Read more about the new guidelines on the NYDOL’s website: https://lnkd.in/ezme3qzE

Partners Jeffrey Block and S. Joseph Donahue secured a $25,000,000 settlement for a crane operator who fell 12 feet from the first floor of a building under construction. At the time of the accident, our client was signaling his coworker, another crane operator, on where to place a load of concrete forms when the load suddenly shifted, striking our client and pushing him off the side of the building. Having sustained multiple fractures to his pelvis, ankle, and ribs, as well as a femur fracture that required Open Reduction and Internal Fixation surgery, our client spent three weeks recovering in the hospital. After discharge, he continued receiving extensive medical care, eventually necessitating additional surgeries to his neck, back, ankle, and both shoulders. Despite these treatments, our client still struggles with chronic pain and limitations in his daily life, preventing him from returning to work. During their investigation, our attorneys were able to prove that the owner and contractors on the construction site violated New York Labor Law 240(1) by failing to provide fall protection, like guardrails and harnesses. Our attorneys made a motion to hold the owner and contractors responsible for the accident, which was granted, and the case was scheduled for a damages-only trial before ultimately settling.