Bryce Moses

WRSH Partner, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth. The defendants negligently permitted the mother to deliver vaginally after a C section (VBAC) which resulted in rupturing her uterus and requiring an emergency C section. We proved that this procedure should not have been allowed since the mother had delivered by C section just 16 months earlier, had never had a vaginal delivery and the infant weighed greater then 4,000 grams.

As a result, the mother's uterus ruptured and the baby was expelled from her uterus, detaching the placenta from the uterine wall causing severe hypoxia. The infant sustained significant brain damage resulting in mental retardation, severe hypoxia and cerebral palsy. The infant has to be fed by a gastrotomy tube and has a significantly shortened life expectancy.

WRSH partner Bryce Moses obtained a verdict in the amount of $5,500,000 for our client who was exiting the Staten Island Expressway when her motor vehicle was struck by a Con Edison van. As a result of the impact, the left side of her face hit the steering wheel, her neck twisted, and she felt immediate pain in her neck. Through the efforts of WRSH partner Ken Halperin, our firm was successful in obtaining summary judgment on the issue of liability, convincing the Court that the accident was 100% the fault of Con Edison.

Despite being found responsible for the accident, Con Edison refused to settle the case and took a "no pay" position at trial. Con Edison had two lawyers to handle the damages trial and three Con Edison investigators to assist their lawyers throughout the trial. WRSH partner, Bryce Moses conducted the trial for our client.

Con Edison argued at trial that despite her neck pain, our client neither went to the hospital nor saw any doctors on the day of her accident. Con Edison argued rather than see a doctor, our client left for Jamaica the next day on a family vacation for two weeks. Although she testified that her neck was in pain the entire time she was away, saw a nurse at her hotel, and had an x-ray at a local medical facility, none of these records could be located. Con Edison also argued our client was not injured as a result of this accident but a prior car accident.

In 2008, our client was involved in a car accident where her car spun around and was totaled. As a result of that 2008 crash, our client lost consciousness and was making complaints of neck pain at the hospital where they recommended that she have a CT Scan of her cervical spine. She came under the care of a doctor in 2008 who noted that our client had neck pain and diagnosed her with acute traumatic cervical radiculitis. Con Edison argued that the 2010 accident had nothing to do with her neck pain and that she had been complaining about her neck since 2008.

Mr. Moses was able to demonstrate through his use of our client’s 2008 medical records, MRI films, and her medical treatment from the 2010 accident, that Con Edison was responsible for our client’s C5-6 disc herniation and the fusion surgery necessary to repair it. Bryce showed the jury that our client’s neck complaints in 2008 involved only her neck with no radiating pain down into her arms. Bryce further demonstrated through the expert testimony of our client’s spinal surgeon, that a complaint of radiating pain would indicate that the C5-6 disc was herniated and compressing the spinal nerve root. Without any complaint of radiating pain in 2008, our client’s spinal surgeon was able to state that our client did not suffer a herniated disc that compressed her spinal nerves in 2008. Bryce then showed the jury our client’s medical records from a doctor she saw in 2010 in which our client complained of neck pain radiating into both arms. This was one of the most compelling pieces of medical evidence that convinced the jury it was the Con Ed accident that was responsible for our client’s injuries.

Bryce was also able to discredit the expert witness produced by Con Edison. Despite stating that he was an orthopedic surgeon familiar with spinal injuries, Bryce got the doctor to admit that he never performed a spinal surgery himself in his entire medical career. The doctor was also forced to acknowledge that he earns 1.4 million dollars each year running a company that conducts medical evaluations for defendants, such as Con Edison in this case. The jury deliberated for only 20 minutes. The jury unanimously awarded our client $1,500,000 for her past pain and suffering and $4,000,000 for her future pain and suffering.

On October 24, 2018, Bryce Moses, a partner with the New York personal injury law firm Wingate, Russotti, Shapiro & Halperin, LLP, obtained a $4.79 million verdict in Kings County for a 46-year-old Brooklyn woman. This verdict was for injuries the woman sustained when an NYPD patrol car hit her.

At the time of the incident, the woman, a personal assistant to adults with mental and physical disabilities, was going to buy food for one of her clients. As she was crossing Lawrence Avenue in Brooklyn, a police officer driving the wrong way down a one-way street hit her with his car. (The NYPD maintained that the officer was responding to a "shots fired" emergency call.)

As a result of the incident, our client sustained a herniated disc in her neck and back that required two fusion surgeries. Additionally, as a result of her injuries, she could no longer work as a personal assistant.

She was awarded $1.5M for past pain and suffering, $1M for future pain and suffering, $540K for past lost earnings, $750K for future lost earnings, and $1M for future medical expenses.

Bryce Moses’ client was an experienced contractor with his own construction business. During regular operations at a drainage pipe installation site, he went to measure the depth of the hole that had just been drilled. While standing three feet from the edge, the ground collapsed beneath him, sending him down the 35 foot hole. Because he had not been provided with proper safety precautions to prevent his fall, he broke his back and was paralyzed below the waist and now requires assistance for daily living.

Bryce filed suit against the company that dug the hole as well as the owners of the property. They argued that it was our client’s negligence that caused his injuries. The jury did not agree. Bryce successfully conveyed to the jury that the landowners were responsible for the accident and was able to obtain $4.27 million dollar recovery despite the fact there was only 4 Million Dollars in insurance coverage.

Prior to becoming a partner at WRSH, Bryce Moses would frequently be asked by other major personal injury firms to serve as trial counsel. On one such case, Bryce represented a young woman who was run over by a garbage truck in Brooklyn that shattered her ankle in three places. The defendant maintained that it was a different truck, owned by another company, that ran over Bryce’s client. Over a month-long trial, Bryce was able to prove that the Defendant was responsible. He also discredited the defendant’s expert by confronting the expert with statements about arthritis the expert made in one of his own publications that contradicted what he said at trial. The jury awarded $3.5 Million.

Bryce Moses represented a 63 year old worker who was catastrophically injured when he fell from a ground level dumpster as he was loading construction debris. As a result of the fall, in which he broke two vertebrae, the worker was paralyzed and confined to a wheel chair. At trial, Mr. Moses argued that the defendant, the School Construction Authority of New York, was responsible because it failed to provide his client with appropriate safety devices to perform his job. A ladder, he argued, was a necessary device for the job because his client was required to climb into the dumpster to perform his work.

The Defendant argued that the worker was never instructed, nor did he have any reason, to climb into the dumpster at all. After selecting a jury and prior to opening statements the School Construction Authority of New York agreed to pay $3.1 Million in personal injury and worker's compensation benefits to ensure that our client would be provided with the necessary care for the rest of his life.

A 44 year old demolition worker from Central America was injured when a brick wall that was being dismantled collapsed and fell on him. The worker sustained a fracture to his skull that required surgery and a brain injury that made it difficult for him to return to work. On the eve of trial (damages only) Bryce Moses was able to negotiate a $3 million dollar settlement which included a lost wages component, in spite of the fact that the injured worker no longer possessed permission to work in the US. The settlement also included the resolution of a workers' compensation lien in the approximate amount of $275,000.00.

WRSH attorneys Joseph Stoduto, Bryce Moses, and Nicole Gill were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 50-year-old woman from Kings County. Our client was stopped at a traffic light when she was rear-ended by a large school bus. As a result of the accident, our client suffered injuries to her neck that required surgery. Joseph was able to obtain a decision from the Court that the defendant driver was 100% responsible for causing the collision, without even having to go to trial on the issue. Bryce and Nicole took the case to trial and were able to settle the case for the amount of $2,000,000.

Bryce Moses represented the family of an elevator mechanic who was killed while performing repairs in an elevator shaft when the elevator directly overhead crushed him. Despite there being many issues that favored the Defendant’s theory of how the accident happened, Bryce was able to negotiate a $1.9 Million settlement at mediation.

Bryce Moses represented a woman in her 60’s who upon returning home fell through the landing of the staircase leading up to her apartment. The owner of the building denied having any knowledge of the defect in the landing despite the fact he was overseeing the construction taking place. Following a liability verdict at trial, Bryce settled the case for 1.9 Million.

WRSH partners Bryce Moses and Joseph Stoduto were able to obtain a settlement in the amount of $1,850,000 on behalf of a 35 year old grocery store cashier from Queens. The woman was stopped at a red light in Brooklyn when another motorist came down a hill and rear-ended her vehicle. Our client suffered injuries to her neck which required her to have surgery. She had previously injured her neck on several other occasions in the years right before this collision and the defendants had took the position that our client’s damages were minimal and unrelated to the accident. Then made a settlement offer of only $100,000. Shortly after the start of the trial in this matter, the defendants reconsidered their position and Bryce was able to negotiate a settlement in the amount of $1,850,000.

WRSH attorney, Bryce Moses, recently obtained a $1,750,000 verdict for a thirty-nine year old non-union plumber who fell approximately six feet from a ladder while he was drilling holes in the ceiling for piping. WRSH partner, Mitchell Kahn, was able to establish during depositions that the defendants failed to provide the plaintiff with the proper type of ladder /protective device for the type of work being performed. After discovery, we obtained summary judgment on liability pursuant to Labor Law 240 (1).

The matter proceeded to trial in Kings County. As a result of the accident, plaintiff sustained a hairline fracture to the patella that required arthroscopic surgery, and a herniated disc that required surgery on his lumbar spine.

After the surgeries, plaintiff made an excellent recovery. He was able to return to work in a capacity that prevented him from suffering any lost earnings. Despite this, we were able to convince the jury at trial to award approximately $1,500,000 for pain and suffering with the rest going towards past and future medical expenses.

WRSH Partner, Kenneth J. Halperin and attorney Bryce Moses recently obtained a $1,500,000 settlement for a 36-year-old man who was injured when two NYCTA buses collided. At the time of the accident plaintiff was a passenger on a NYCTA bus, when one NYCTA bus struck another in the rear. Immediately, after receiving an answer Kenneth J. Halperin and Bryce Moses, moved for summary judgment, wherein the Court was asked to hold the NYCTA liable for the accident. While it was obvious that the NYCTA was liable, since two of their buses were involved in the accident, by moving for this relief at the outset of the litigation interest on any future judgment began to run immediately.

As a result of the accident, the plaintiff sustained a herniated lumbar disc that required surgery. There were no lost earnings incurred as a result of the accident. The NYCTA argued that this was a low speed collision and there was virtually no damage to the bus. They argued that plaintiff had pre-existing degeneration in his spine that caused his need for surgery. Shortly after the commencement of the trial, attorney Bryce Moses was able to obtain a very favorable settlement for the WRSH plaintiff.

Bryce Moses’ client was working on renovations in a building in upper Manhattan. After returning from lunch, he slipped on an open elevator floor, wet from the rain, and lost his balance. He grabbed onto a counterweight cable in the adjacent elevator shaft, and at that moment, the counterweight came down and smashed into his hand and caused him to fall 10 feet to the bottom of the shaft. Two fingers were amputated and his wrist was fractured. He underwent hand surgery to repair as much damage as possible and now must undergo occupational therapy.

Bryce had to try the case two times for our client. The first trial was interrupted by the 9/11 attacks and ended in a mistrial. Before jury selection began for the retrial, the case was settled for $1.4 Million.

Bryce Moses’ client was a 60-year-old man who walked with crutches due to Polio. The only handicap accessible entrance to his building was through the basement. As he was coming home from work, he tripped over the broken concrete at the basement entrance. He lay there for an hour before his wife found him. He was taken to the hospital in an ambulance. He underwent surgery and remained hospitalized for two weeks. He was in physical therapy for two years but never regained the use of his crutches and is now wheelchair bound.

We filed a suit against the building landlord for safety violations. After deliberating for half an hour, the jury awarded our client $1.3 million for past and future pain and suffering.

Kenneth Halperin and Bryce Moses, partners at Wingate, Russotti, Shapiro & Halperin, LLP, obtained a settlement in the amount of $1,250,000 for a 35-year-old man who was struck by a piece of wood that fell off the roof of a low-rise building. The accident occurred while the plaintiff was walking down the street in Manhattan. Repairs on a water tower on the sixth floor of a building were taking place when a small piece of wood being used by workers fell off the side of the building and struck the plaintiff on the side of his head.

The plaintiff was treated at the hospital and released with a diagnosis of a mild concussion. Thereafter, the plaintiff’s symptoms began to worsen, and he developed symptoms consistent with a mild traumatic brain injury. The defendant’s neuropsychologist performed extensive testing of the plaintiff and concluded he was malingering. Another witness who knew the plaintiff also testified he was malingering. Finally, social media photographs showed that after the accident, the plaintiff was going to outings, events with friends, and traveling. The defendants used this to try and damage the plaintiff’s credibility.

Ken and Bryce rebutted the defendant’s claims with medical evidence establishing the plaintiff was not malingering, and contended the photographs merely showed the plaintiff was attempting to maintain some normalcy in his life, considering a mild traumatic brain injury sometimes does allow a person to function. Among other things, the injury slowed down the plaintiff’s processing speeds and disrupted his short-term memory, but did not render him incapable of performing daily activities. It merely made them more difficult and time-consuming.

As a result of the accident, the plaintiff underwent sporadic psychological therapy, which the plaintiff did not feel was effective.

WRSH attorneys Joseph Stoduto and Bryce Moses were able to obtain a settlement in the amount of $1,150,000 on behalf of our client, a 35-year-old man from Kings County. Our client was driving along a street in Brooklyn when a garbage truck began speeding up the block in reverse, causing a serious collision. As a result of the accident, our client suffered injuries to his neck that required surgery. We were able to prove that the defendant driver knowingly violated company protocol in driving in this manner without even attempting to use his partner as a spotter at the rear of his truck. The defendants’ lawyers attempted to get our client’s case dismissed on the grounds that the defendant driver’s conduct did not rise to the level of "reckless" conduct, as required by law. Joseph was able to get the Court to deny the defendants’ motion to dismiss the case. Bryce took the case to trial and was able to settle the case for the amount of $1,150,000.

Wingate, Russotti, Shapiro & Halperin, LLP attorney Michael Fitzpatrick obtained a $900,000 settlement for a 55-year-old home healthcare attendant. She was struck in the head at a retail store by a falling designer handbag. The plaintiff suffered a traumatic brain injury, depression, and was required to undergo arthroscopic knee surgery. Michael Fitzpatrick and Bryce Moses successfully resolved the matter at private mediation, though it was scheduled for trial.