Medical Malpractice and Personal Injury Lawyers, Strokes, Brain Injury and Breast Cancer Malpractice - Duffy Duffy and Burdo - Medical Malpractice Attorneys based in New York

FACTS & ALLEGATIONS On September 24, 2004, defendant Ganz, entered the defendant's establishment, Dallas 79 d/b/a The Main Event, and drank at the bar for several hours. He was noted to be visibly intoxicated, but continued to be served. At approximately 12:00 am on September 25, 2004, he left the defendant's establishment and drove his Dodge Magnum westbound on Old County Road. He was driving at a high rate of speed. He came into contact with the vehicle in which plaintiff was a passenger at the corner of School Street and Old Country Road in Westbury at approximately 12:30 a.m. The vehicle plaintiff's decedent was riding in was struck in the left side and burst into flames. Plaintiff's decedent was ejected from the car. He was not burned in the fire. At the scene, plaintiff's decedent was conscious and stated that his bones were coming through his skin. He was observed to have been conscious at the time he was placed in the ambulance, which was approximately 1:00 a.m. He was transported from the scene at approximately 1:10am and taken to the hospital.

Plaintiff's decedent arrived at the hospital at 1:20am. He was confused and combative. A chest tube was placed at 1:37am and a large amount of blood was drained from his lungs. A thoracotomy was performed at 1:40am and a large amount of blood was drained from the chest cavity. He suffered a bilateral pneumothorax. He was taken to the operating room at 2:30am for emergency exploratory surgery. Upon exploration, it was noted that he was hemorrhaging from the right lower lobe of his lung. He became bradycardic and CPR was initiated. The attempts at resuscitation were unsuccessful and he expired at 3:30 a.m.

Blunt force trauma with transverse basal skull fracture, diffuse subarachnoid hemorrhage, ten fractured ribs, fractured right clavicle, contusions and lacerations to the lungs, laceration of the liver, left and right hemothorax, hemoperitoneum and death

After mediation before Michael McAllister, the case was resolved on behalf of defendant Dallas 79, d/b/a The Main Event. A total of $975,000.00 was paid by defendant Dallas 79 d/b/a The Main Event. The case was discontinued as to all non-paying defendants.