Jonathan S. Damashek

Our clients, who are brothers were both struck by a cement block while they were working on the exterior scaffold of a building in the Bronx. One of the brothers suffered an amputation to his finger and an injury to his neck which required cervical fusion surgery. The other brother suffered injuries to his back, knee, and shoulder which all required surgeries. Hecht, Kleeger & Damashek partner, Jonathan Damashek settled this matter for $9,050,000.00.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The infant plaintiff was almost 3 years old when he was burned by scalding water in the shower of his apartment. Hecht Kleeger & Damashek, P.C., discovered that a plumbing company hired by the owner of the building incorrectly installed a mixing valve in the boiler room of the building. As a result of this negligence, the hot water was not being properly regulated and was erratic in temperature causing the child burns.

While the infant plaintiff was in the shower, the water suddenly changed from room temperature to scalding hot. The child received 2nd and 3rd-degree burns from the scalding hot water on his back which required a skin graft and resulted in permanent scarring. Hecht Kleeger & Damashek, P.C., partner, Jonathan Damashek reached a settlement valued at $8,000,000.00 with the defendants who included the owner of the building, the plumbing company and manufacturer of the mixing valve.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, a Verizon worker was performing an installation in the basement at a commercial building in New York City when he stepped on a sump pit cover that was left open by the building maintenance staff. Upon stepping on the unsecured cover, the worker fell into the sump pit up to his knee. As a result of the accident, plaintiff suffered multiple injuries to his back, neck, shoulder and knee which all required surgical intervention.

HKD filed a lawsuit against the building owner and managing agent for failing to secure the loose sump pit cover. Through discovery, it was learned that one of the building engineers removed the cover several days earlier and never fully secured it before the accident. HKD partners, Jordan Hecht and Jonathan Damashek settled the case in the amount of $4,500,000.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, a 53 y/o custodian, was walking along the sidewalk when he slipped on a patch of ice in front of the defendant’s premises. Plaintiff was taken by EMS to the hospital where he was diagnosed with a severe fracture of his right knee. Plaintiff underwent several surgeries to repair the fracture and was later admitted to the hospital to treat an infection. Plaintiff ultimately had a complete right knee fusion. Defendants argued that the accident did not happen as the plaintiff described and plaintiff’s poor result stemmed from underlying diabetes and kidney failure. The case was resolved by HKD partners Jonathan Damashek and Jordan Hecht.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, an automobile parts worker was injured at work while he was helping a delivery person unload a shipment of transmissions from a truck’s lift gate. Earlier in the day one of the two support chains on the lift gate broke causing instability on the lift gate. At the time of his accident, plaintiff was standing below the truck’s lift gate on the ground helping to balance the lift gate as it was lowering the transmissions. Suddenly, the one remaining lift gate chain snapped causing the shipment of transmissions to fall on top of plaintiff.

As a result of the accident, plaintiff suffered a neck injury requiring a cervical fusion surgery; a back injury requiring a lumbar laminectomy followed by a lumbar fusion surgery; and an exacerbation of a prior knee injury which required surgery.

Defendants argued during the case that the accident was plaintiff’s fault. Plaintiff and his supervisor both testified that he was specifically told not to help with the delivery of the auto parts store because plaintiff was injured doing a similar activity one month prior. Defendants argued that plaintiff’s culpability for the accident was greater than 60%.

Hecht Kleeger & Damashek, P.C., Partner, Jonathan Damashek reached a settlement of $3,050,000.00 prior to trial.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, a 51-year-old woman, was admitted to the hospital for a total knee replacement surgery. During the procedure, the operating physician unknowingly cut the popliteal artery. After the surgery, plaintiff began complaining of numbness and loss of sensation in the lower leg but the hospital failed to diagnose that the artery had been cut. As a result, the plaintiff was forced to undergo an emergency amputation below the knee. The case settled prior to jury selection for $3,000,000.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, a 40-year-old rigger, while wearing a harness fell through a floor opening at a construction site. Plaintiff suffered herniated discs in his neck and back which required surgery. Hecht Kleeger & Damashek, P.C., filed suit against the owner of the building and the general contractor for failing to provide safety devices under New York’s Labor Law Section 240(1). Hecht Kleeger & Damashek, P.C., partner, Jonathan Damashek was awarded summary judgment on liability. The case settled for $2,900,000.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, an Iron Worker, was installing structural steel beams with he was caused to fall from a ladder approximately 12 feet. Plaintiff sustained a broken wrist requiring internal fixation as well as back and knee injuries. Plaintiff underwent lumbar fusion surgery for a herniated disc at L4-5 as well as arthroscopic surgery for a torn meniscus. Plaintiff was awarded summary judgment pursuant to Labor Law 240. Defendants argued the plaintiff’s back and knee injuries were pre-existing and the plaintiff could return to work in a different job. The case was settled at mediation for $2,800,000.00, by Hecht Kleeger & Damashek, P.C., partners Jordan Hecht and Jonathan Damashek.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff, a Mason, was working at a construction project when the saw he was using kicked back into his arm. The force of the saw kicking back, caused the plaintiff to stumble and fall. Plaintiff sustained a laceration to his right forearm and also injured his lower back. Plaintiff commenced an action, the building owner and general contractor, alleging violations of the Labor Law and general negligence.

Plaintiff argued that the saw was not properly guarded and thus violated workplace safety rules. Defendants argued that plaintiff had removed the guard and was the sole cause of the accident. Plaintiff received stitches for his laceration and underwent physical therapy for his lower back injury. Plaintiff eventually had lumbar fusion surgery. Defendants argued the back injury was not caused by the accident.

The case proceeded to trial and was settled just before jury selection for $2,500,000.00, by Hecht Kleeger & Damashek, P.C., partners Jordan Hecht and Jonathan Damashek.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Plaintiff was a passenger in a motor vehicle who suffered multiple injuries as a result of a 25 car pile-up on the Gowanus Expressway. A construction company performing work on the roadway left a hose on overnight causing water to flow onto the roadway. As a result of unexpectedly cold temperatures, a 200-foot patch of ice formed on the roadway. Plaintiff suffered injuries to both shoulders which required surgery as well as neck and lower back injuries which required surgery. Plaintiff was unemployed at the time of his accident, so there was no claim for lost earnings. Hecht Kleeger & Damashek, P.C., partner, Jonathan Damashek secured a settlement of $2,500,000.00 at mediation prior to jury selection.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.