Bicycle Messenger Receives $1 Million Settlement

SettlementOn 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 recommend you consult with a New York City construction accident lawyer at Lurie, Ilchert, MacDonnell & Ryan LLP today.