Partner Edward A. Steinberg, President-Elect of the New York State Trial Lawyers Association (NYSTLA), settled a personal injury case at private mediation in October 2019. Leav & Steinberg LLP represented the plaintiff, a 37-year-old male, who suffered injuries in an incident that took place in December 2016.
The Facts of the Case
The plaintiff was a patron inside of a bar in New York City with friends when an altercation began between his friends and another group inside of the bar. It was our position that the plaintiff was not physically involved in any altercation but was the one targeted by the bar’s bouncer and forcibly removed from the bar. In what could be a scene out of The Fresh Prince of Bel-Air, the plaintiff was placed in a “bear hug” and physically thrown out of the bar’s front door by the bouncer, landing flat on his back on the sidewalk. The bouncer then threw a second patron (who was involved in the altercation) out of the front door, causing that patron to land heavily on top of the plaintiff. The plaintiff suffered a fractured left clavicle that was diagnosed in the emergency room and treated non-operatively. The plaintiff left New York City (he resided outside of the state) and continued his recovery under a doctor’s care as the bone healed. The fractured clavicle healed after many months but left a visible protrusion.
During the discovery phase of the case and questioning of the bouncer, it was revealed that the bouncer did not have any security certificates and lacked any training whatsoever to act as a bouncer inside of the bar on the date of the accident. The bouncer, in a written statement, identified himself as a “bar back” when he physically dragged the plaintiff out of the bar and threw him onto the sidewalk. This was done to shy away from the title of “bouncer” because of the undisputed fact that he didn’t have a license.
The defense doctors who conducted a physical examination of the plaintiff, found that he had a prominence of the left clavicle and decreased range of motion to the shoulder (when compared to the non-affected shoulder). After hours of settlement discussions at the mediation, the case settled for $137,500.00. There was no offer from the insurance company before the mediation.
Contact Leav & Steinberg
Edward A. Steinberg and the other personal injury attorneys at Leav & Steinberg have taken on hundreds of cases and helped clients get the compensation they deserve. Our associates have years of experience working with clients across the Tri-State area. If you or a loved one has been wrongfully injured and would like to file a lawsuit, schedule a free consultation by calling 212-766-5222.