Following the tragedy of September 11th, our firm joined with attorneys throughout the country to form Trial Lawyers Care, a non-profit corporation established to provide free legal services to victims of the September 11th terrorist attack. We were able to obtain significant compensation for several families.


McCarthy v. Turner Const., Inc.,--- N.Y.S.2d ----, 2008 WL 2369771 (1st Dep’t 2008)
Hart v. Turner Const. Co., 30 A.D.3d 213, 818 N.Y.S.2d 499 (1st Dep’t 2006)
Ernest v. Pleasantville Union Free School Dist., 28 A.D.3d 419, 811 N.Y.S.2d 573 (2nd Dep’t 2006)
Figueiredo v. New Palace Painters Supply Co. Inc., 39 A.D.3d 363, 833 N.Y.S.2d 492 (1st Dep’t 2007)
Brown v. LaFontaine-Rish Medical Associates, 33 A.D.3d 470, 822 N.Y.S.2d 527( 1st Dep’t 2006)
Cohen v. Memorial Sloan-Kettering Cancer Center, 50 A.D.3d 227, 850 N.Y.S.2d 435 (1st Dep’t 2008)

Hoverson v. Herbert Const. Co., Inc. 725 N.Y.S.2d 320
Bardouille v. Structure-Tone, Inc. 724 N.Y.S.2d 751
Joblon v. Solow, 91 NY 2d 457, 672 NYS 2d286 (N.Y.)
Khandhar v. Elfenbien, 943 F2d 244 (C.A.2 (N.Y.)
Bonanno v. Port Authority of New York and New Jersey,14 A.D.3d 377, 787 N.Y.S.2d 325
Roman v. Hudson Telegraph Associates,11 A.D.3d 346, 784 N.Y.S.2d 31
Bardouille v. Structure-Tone, Inc.,282 A.D.2d 635, 724 N.Y.S.2d 751



These cases are representative of the type of cases we handle:

Medical Malpractice: A verdict of $2.143 million for a 42 year old woman who suffered a heart attack two days after being discharged from the hospital.  She had a stent put into the left anterior descending coronary artery and was discharged despite having some abnormal vital signs. Kings County.

Medical Malpractice: A settlement of $3.75 million for a 50 year old construction worker who developed an infection in his spine that went undiagnosed for several weeks, despite repeated visits to the emergency room.  The patient was not diagnosed and admitted for surgery until he became paralyzed from the waist down. Westchester County.

Construction site accident: $2.8 million settlement for the widow of a construction worker who died several weeks after falling through a hole in a floor under construction to the floor below. Bronx County.


$40,363,000 verdict for the family of a 33 year old man who died during abdominal liposuction surgery.  This was one of the largest verdicts in the country in 2003.  The medical examiner determined that the patient died due to complications stemming from the administration of local and general anesthesia.  The surgeon and anesthesiologist had administered toxic levels of lidocaine, a local anesthetic used in this procedure.  When the patient's blood pressure began to drop, the surgeon and anesthesiologist were unable to resuscitate the patient due to a lack of proper equipment and negligence. Bronx County.

$3,200,000 settlement for the husband and child of a 32 year old teacher who died after botched gall bladder surgery.  The patient died several weeks after the surgery and after other surgeons attempted liver transplant surgery.  The defendant surgeon negligently destroyed the common bile duct and transected the hepatic artery, reducing the blood supply to the liver.  Kings County.

$920,000 settlement after jury selection achieved for laborer who, while working in a four-foot trench, suffered a trimalleolar fracture of left ankle when a large chunk of asphalt fell from street level. Plaintiff claimed permanent disability from working. We obtained summary judgment establishing liability and the responsibility of defendant to pay damages pursuant to New York Labor Law § 241(6). This meant that the only question for the jury would have been the amount of money our client should receive. This case was one of the few times in which a plaintiff has obtained summary judgment against a defendant using this section of the Labor Law. The settlement in the amount of $920,000 is a much larger sum than typically recovered for this type of injury. Kings County.

$1,250,000 settlement after jury selection achieved in a medical malpractice case for widow and five children of a 50-year-old security guard. We proved that the defendant doctors failed to properly evaluate Mr. Shah for heart disease during several years of treatment, despite having many risk factors for heart disease including high cholesterol, stress, family history of early heart disease and heart attacks, and a 10-year history of high blood pressure. Mr. Shah saw his doctor on the afternoon before he died with heaviness in his chest and very high blood pressure, but was only given a sample of nitroglycerin for chest pain and sent home instead of being directed to the hospital. Waking up that night with chest pains, Mr. Shah was taken to hospital where doctors incorrectly believed he had suffered an aneurysm and sent him for an MRI. Mr. Shah suffered a heart attack and died in the hospital while returning from the MRI. Kings County.

$2,390,000 verdict awarded to a construction worker foreman who suffered mild brain damage for his pain, suffering, and lost earnings, and to his wife for her loss of his services and companionship. A 46-year-old electrician was injured on five separate occasions as a result of dangerous conditions at the job site. New York County.

$850,000 settlement during the trial on a medical malpractice case on behalf of a 35-year-old computer operator who underwent a laparoscopic gall bladder removal. We proved that during the procedure his surgeon negligently severed the common bile duct causing a very serious injury. The doctor did not realize his mistake and discharged Mr. Anand, which made his injury worse. The problem was repaired at another hospital, but Mr. Anand has not been able to work because of nausea, vomiting, and pain after eating. Queens County.

$1,000,000 verdict for a 46-year-old elevator mechanic who slipped and fell down the interior stairs of an apartment building fracturing his knee. Bronx County.


Home I Biography I Practice Areas I Our Accomplishments I Construction Accidents I Medical Malpractice I Resource Links I Contact Us

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright 2006 © by David P. Kownacki, P.C. All rights reserved. You may reproduce materials available at this site
for your own personal use and for non-commercial distribution.
All copies must include this copyright statement.


Mr. Kownacki with Clients