$3.5 Million

Wing Kow YH v. New York

Paul Dansker settled this case at the end of the trial. Mrs. YH had been a passenger on a subway that derailed. At the moment of impact, she was thrown violently across the subway car and into a pole. She was knocked unconscious and also injured her knees and back.

Shortly after the accident her family noticed that she was not acting normally. Doctors subsequently confirmed that she had sustained permanent brain damage.

At trial the TA initially contended that plaintiff did not sustain brain damage or if she did, that it was not permanent.

However, because Paul Dansker had retained the services of some of the most qualified experts in the areas of brain injury and cognitive dysfunction, the jury heard persuasive and overwhelmingly conclusive testimony and saw medical documentation that left no doubt about the injuries.

Mr. Dansker also on cross examination skillfully exposed the TA’s doctors who examined the plaintiff, as biased and less concerned about making accurate findings and more concerned about protecting the TA.

NOTE: The case is noteworthy also because it deals with a plaintiff and her family that did not speak English. All of the testimony was through interpreters. This issue was discussed in detail in jury selection. Because it puts a great deal of additional burden on the jurors to listen to Chinese interpreted into English and back again. The jurors who did agree to hear the case were therefore willing to work a little harder which is very good for plaintiffs generally and this plaintiff specifically. The settlement is a very large one for a TA case.

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