While many people believe that a personal injury case involves a trial and a verdict, in fact most cases typically
are resolved in an out-of-court settlement. On the other hand, many personal injury lawsuits that go to trial and
result in a large verdict are appealed by the losing side. The attorneys at Jaroslawicz & Jaros are experienced in
handling appeals of personal injury case verdicts they obtained and also write and argue all of their own appeals.
An appeal occurs when one of the parties to the initial lawsuit decides that he or she is unhappy with the verdict
issued by the court or by a jury. In filing an appeal, the party is essentially asking a higher court to review the
verdict of the lower court and overturn it if it finds that it was unfair in any way. Because an appeal can be based
on a number of factors, it requires skillfully drafted paperwork, different from any that the parties may have
relied upon during the prior trial. In some cases, an appeal will also require an argument before a panel of
A successful appeal requires the services of an attorney who has expertise in pursuing and arguing cases in the
appellate courts. For this reason, if you are seeking to appeal a case, or are defending an appeal, you need a
seasoned attorney by your side to protect your rights.
The attorneys at Jaroslawicz & Jaros have been handling personal injury cases and resulting appeals since the firm
was founded in 1980. Our principal attorneys, David Jaroslawicz and Abraham Jaros, both have over 45 years of legal
experience. Our lawyers have extensive knowledge of the proceedings in all of the New York state courts, including
those at the appellate level, and also represent clients at all federal court levels.
David Jaroslawicz, of Jaroslawicz & Jaros, has argued before our highest court, the United
States Supreme Court, in protecting the rights of a UPS employee.
David Jaroslawicz wrote the brief and argued before the highest court in the state of New York, the New
York Court of Appeals, in a case that helped define and develop the law. In the case of Flynn v.
Manhattan & Bronx Surface Transit Operating Authority, Court of Appeals of New York, 61 N.Y.2d 769; 461 N.E.2d 291;
473 N.Y.S.2d 154, the court found that the injured party had established a prima facie case of negligence against
the bus owner in a personal injury action and that there was evidence from which the jury could have concluded that
the bus owner was negligent in failing to equip the bus with a side mirror.
Abraham Jaros, of Jaroslawicz & Jaros, was successful in obtaining a settlement of $1.2 Million on
behalf of a young lady who was injured by a tractor-trailer, in the case of Kruger v. Salem Leasing Corp., 90 CV
0049, United States District Court for the Eastern District of New York; December 30, 1991; Decided, January 14,
1992; Filed. The court found that summary judgment was precluded in a personal injury action because a genuine issue
was raised as to whether the tractor-trailer driver acted reasonably when he drove the tractor-trailer, knowing that
the throttle spring had not been replaced.
The firm of Jaroslawicz & Jaros was one of the lead counsel in cases involving cranes that
collapsed on construction sites in New York City, and wrote and argued the appeal before the higher court where the
appellate court upheld Jaroslawicz & Jaros’ claim for its client’s emotional
distress in the 51st Street crane collapse.
In a leading case which interpreted New York State Labor Law involving an injured construction
worker’s rights to sue, the firm of Jaroslawicz & Jaros was successful in bringing a case for an injured worker
under New York State Labor Law in a case where David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and
argued before the New York Court of Appeals, the highest court in the state of New York. In Izrailev vs
Ficarra Furniture, 70 N.Y.2d 813, 523 N.Y.S.2d 432. The New York Court of Appeals permitted recovery under the New York State Labor Law
statute to an electrician who was injured while attempting to repair a sign. This case established the law for the
first time that working on a sign, the sign was to be considered a structure, and gave the injured worker the
protection and benefit of the labor law statute, thus permitting the worker to recover from his injuries.
In a slip and fall on ice, Jaroslawicz & Jaros were successful in the case of Hecht v.
City of New York, 02 Civ. 4029 (JGK) (JCF), United States District Court for the Southern District of New
York. In a negligence claim for falling on ice, the court found it survived summary judgment because the evidence
established that the building superintendent attached a hose to a water spigot, left the water in the “on" position,
and did not advise the resident that it was necessary to turn the water off to prevent the hose from icing and
David Jaroslawicz, of Jaroslawicz & Jaros, was successful in the case of Kaplan v. Lucille Roberts Health Clubs Inc., Appellate Division of the Supreme Court
of New York, First Department 63 A.D.3d 470 (2009), 880 N.Y.S.2d 284. Where the court decided that there were issues
of fact as to whether the plaintiff, a paying member at the club, was limited to choosing among defective
step-aerobic boards supplied by the club for participation in a club-sponsored class, and whether defendants had
noticed that a fair number of those boards allegedly lacked stabilizing bottom grips. Factual issues exist as to
whether the absence of these grips unreasonably increased the risk of use of the boards, whether this risk was
apparent to plaintiff, and whether it proximately caused her injury. Jaroslawicz & Jaros then proceeded to obtain a
substantial settlement for this client.
David Jaroslawicz, of Jaroslawicz & Jaros, was successful in a medical malpractice case in Artale
v. Thorpe, 03 Civ. 4028 (JSR), United States District Court for the Southern District of New York. The court found
that in asserting medical malpractice, the patient sufficiently stated that because of an improper diagnosis and
stent placement, she was required to undergo frequent tests, examinations and monitoring, at an increased cost and
with emotional distress.
David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the highest
court in the state of New York, the New York Court of Appeals, that helped to develop the law concerning
infants and the statute of limitations for a medical malpractice action in the case of Daniel J. v. New York City
Health & Hosp. Corp., Court of Appeals of New York, 77 N.Y.2d 630; 569 N.Y.S.2d 396. The court found that the
statute of limitations for a medical malpractice action provided that where the action accrued during infancy, the
extension was limited to 10 years from the time of accrual, and not from the end of the infant’s continuous
David Jaroslawicz, of Jaroslawicz & Jaros, wrote the brief and argued before the highest court in
the state of New York, the New York Court of Appeals, that helped develop the law in the case of Caffaro v. Trayna,
Court of Appeals of New York, 35 N.Y.2d 245; 360 N.Y.S.2d 847. The court found that in a medical malpractice action
for pain and suffering, an amendment to the complaint to add a cause of action for wrongful death was allowed
despite the expiration of the limitations period because the amendment related back to the date of the complaint.
The above are just a representative sampling of the hundreds of motions and appeals handled by the attorneys at the
firm of Jaroslawicz & Jaros. The attorneys not only know and apply the law, but over the years have also
developed and changed the law in the area of personal injury.
The law firm of Jaroslawicz & Jaros will artfully handle your case from inception to appeal. If you or a loved one
was injured, call Jaroslawicz & Jaros in New York at 212.227.2780 or toll free at 800.269.2780, or submit an online questionnaire. The initial consultation is
free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get
paid for our services only if there is a monetary recovery of funds. Please call to ensure that you do not waive
your right to compensation. Or you can email Abraham Jaros directly at email@example.com.
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