On September 25th, 2012, bicycle messenger Bernabe Herrera-Ferino was awarded
$1,000,000.00 in a pre-trial settlement after he sustained serious injuries
to his leg, knee, and ankle during a motor vehicle versus
bicycle accident. The accident itself happened back in August of 2011 when Herrera-Ferino
was traveling down Second Avenue in Manhattan. He had stopped for a red
light at the intersection of East 63rd Street. When the light turned green,
he continued on his way and it was at that moment that Herrera-Ferino
was hit by an oncoming truck. The truck was owned by Bartlett Dairy Inc.
and was driven by Phillip Berry, Jr.
Herrera-Ferino sustained significant injuries to his right leg, specifically
in the area between his knee and ankle. As a result of his injuries, Herrera-Ferino
was transported from the scene of the accident to New York Presbyterian
Hospital. The severity of the accident warranted that Herrera-Ferino undergo
three separate surgeries to remove necrotic tissue and graft skin over
the injuries. He then went through 12 weeks of physical therapy. Unfortunately,
despite his surgeries and physical therapy, Herrera-Ferino claimed he
continued to suffer residual pain and limitations that ultimately prevented
him from being able to resume his job as a bicycle messenger.
Attorney Robert R. MacDonnell, a skilled
construction accident attorney from our firm represented Herrera-Ferino in his lawsuit against
Berry and Bartlett Dairy Inc. The lawsuit alleged Berry was negligent
in the operation of the vehicle he was driving. It also alleged that Bartlett
Dairy Inc. was indirectly liable for Berry's actions. The suit sought
reimbursement for a workers' compensation lien totaling $79,691.29,
as well as recovery of past and future income, and damages due to the
pain and suffering Herrera-Ferino has sustained. After negotiations with
the defense, our firm was able to secure $1,000,000 from the defendants'
insurer, on behalf of our client.
If you or a loved one has sustained a serious or life-altering injury as
a result of a construction accident, or any other type of accident, we
consult with a New York City construction accident lawyer at Lurie, Ilchert, MacDonnell & Ryan LLP today.