Victoria de Toledo Improper Instruction on Use of Gym Equipment Causes Artery Dissection and Stroke – $14.5 million verdict Chetan Vaid v Equinox February 2016 Stamford Superior Court- $14.5 Million Verdict Victoria de Toledo and Betsy Ingraham obtained a jury verdict of $14.5 million for their client Chetan Vaid and his wife. The Defendants were Equinox, a multinational corporation with high end gyms located throughout the country, and one of its personal trainers. Equinox gave no formal training to its personal trainers on how to use its exercise equipment during personal training sessions of clients. Trainers were left to guess how to operate the equipment. A trainer guessed wrong, and improperly instructed Chetan Vaid to do an explosive pull on a rowing machine with it set to the highest level of resistance. That wrong instruction resulted in an artery tear which led to a stroke. Dr. Vaid eventually returned to part time work after several years of rehab. Slip and Fall Municipal Liability – $950,000 At trial, Victoria de Toledo represented a 52-year old women who broke her hip when she slipped and fell on ice on the driveway entrance to a town parking lot. The town argued the claim fell under the highway defect statue and therefore, the plaintiff had to prove that the town’s negligence was the sole proximate cause of her injury, and that the plaintiff had no fault whatsoever in her falling on the ice. The case was settled during jury selection. Sanders v. Town of Greenwich. Read more in news article. Age Discrimination – Failure to Promote – $500,000+ Verdict LaBlanc v. City of Stamford, CT Federal Court, Civ. No. B-88-63 (TFGD), 1990. Victoria de Toledo obtained a jury verdict for a captain of fire department of approximately half a million dollars for not being promoted because of his age. Captain La Blanc was passed over, and a younger officer was promoted to the open deputy chief position. Although Captain La Blanc remained employed, the jury awarded him the difference in future earnings between the deputy chief position and the captain position he retained. The jury found willful discrimination which doubled the damages. Age Discrimination – Layoff in Reduction in Force – $700,000+ Victoria de Toledo handled the trial of Raimondo v. Amax Corp, CT Federal Court, 1994, for a researcher who lost his job in a lay off. After finding willful discrimination, the jury awarded him approximately three quarters of a million dollars in his age discrimination case; affirmed on appeal Raimondo v. Cyprus Amax Minerals Co.,48 F.3d 1214 (2d Cir. 1994). Defamation Award of $800,000 Victoria de Toledo represented a factory worker in Cweklinsky v. Mobil Oil Corp., CT Federal Court, Civ. No. 399-698, 2001, who was defamed by his employer and was terminated without having gotten the warnings described in the disciplinary process section of the company’s employment manual. The jury awarded him over three quarters of a million dollars. The case was appealed and a settlement was reached after the appeal. Disability Discrimination – $1 Million Award Victoria de Toledo persuaded a jury to award an anesthesiologist approximately one million dollars for not being allowed to work part time because of arthritis in Shaw v. Greenwich Anesthesiology Associates, CT Federal Court, Civ. No. 399-1076, 2002. Slip and Fall, Municipal Liability – $305,000 Verdict Victoria de Toledo, in the trial of Anna Sackman v. City of Stamford, represented an elderly woman in a trip and fall as a result of a broken and uneven public sidewalk at the Stamford Railroad Station. Liability was governed by the rule of “sole proximate cause.” Accordingly, it was necessary for the plaintiff to prove not only that the sidewalk was defective but also that the plaintiff, age 86, was free from comparative negligence. Mrs. Sackman sustained a comminuted fracture dislocation of the right shoulder (humerus), a displaced fracture of her nose, and multiple contusions and abrasions. She underwent a right shoulder hemiarthroplasty the day after the accident. Car Accident Resulted in Ringing in the Ear – $350,000 Verdict Victoria de Toledo tried to a jury the case of Eisenstein v. GE Auto Home Assurance. Mr. Eisenstein was a police officer who suffered persistent ringing in his ears (tinnitus) as a result of a car accident. The jury awarded him $350,000. The insurance company lawyer told the jury the claim was worth only $20,000. Spring, 2005. Legal Malpractice in Handling an Employment Claim – Approximately $450,000 Settlement Victoria de Toledo negotiated the settlement of an individual’s case against his former lawyer who had not properly handled the client’s failure to pay wages claim. The individual’s prior lawyer had tried to settle the client’s original case for approximately $50,000. Age Discrimination and Whistleblower Claim – $200,000 Victoria de Toledo obtained a settlement of approximately $200,000 for an employee who claimed that he had been placed on administrative leave because he complained about age discrimination and safety issues. Sexual Harassment – Settlement of Approximately $125,000 Victoria de Toledo settled the claim of an employee who claimed that co-workers made sexual comments to her and her supervisor failed to stop the behavior. Racial Discrimination – Settlement of Approximately $450,000 Victoria de Toledo negotiated the settlement of an employee’s claim that she was not promoted, not allowed to attend meetings, and criticized unfairly because of her race. Legal Malpractice and Sexual Harassment – $120,000 Settlement Victoria de Toledo negotiated the settlement of a legal malpractice claim on behalf of a woman of who been forced to resign because of sexual comments by her boss, but had her case dismissed because her former lawyer missed filing deadlines. Whistleblower and Retaliation, Municipal Liability – Verdict of $860,000 Victoria de Toledo obtained a verdict of $860,000 in McInnis v. Town of Weston, CT Federal Court, Civ. No. 3:03CV01803, for a police officer who had protested age discrimination in the Town of Weston police department. The Chief of Police retaliated against Officer McInnis after he protested age discrimination in promotions by subjecting the officer to unwarranted internal affairs investigation and excessive discipline. Jury verdict was subsequently reduced by the court, but the court awarded fees and costs in addition to the damage award. Facial/Ear Damage – $450,000 Settlement Assault: Individual at a psychiatric hospital was attacked by another patient. Injured person’s ear was partially bitten off. Ear reconstruction was subsequently performed. Settlement was $450,000. Whistleblower– $175,000 An employee protested the unlawful termination of a coworker and was subsequently terminated. Sexual Relationship in Workplace – $300,000 An employee was demoted and ultimately terminated after her superior ended a sexual relationship with her. Disability Benefits – $190,000 Plaintiff’s insurance company failed to pay plaintiff’s disability benefits after she became permanently disabled by a chronic medical condition. Lead Paint Poisoning – $290,000 Due to landlord negligence, young child exposed to toxic levels of lead and diagnosed with lead poisoning. Dog Attack – $275,000 A woman was attacked by a dog, which resulted in post-traumatic stress disorder. Neck Injury – $485,000 26-year old woman was struck by another vehicle while stopped at a red light. She suffered from injury to her neck, and subsequently had surgery. Age Discrimination – $220,000 A 71-year old employee was terminated because of his age. Lead Paint Poisoning – $500,000 Two children exposed to toxic levels of lead in a rented apartment. Whistleblower – $325,000 Bank employee was terminated after reporting his employer’s unethical practices. Whistleblower – $350,000 Hospital Administrator protested failure to report surgical error and was terminated. Neck Injury – $400,000 50-year old woman suffered soft tissue neck injury from being rear ended. Thumb Injury in Pedestrian Accident – $650,000 Woman struck by a vehicle while in a crosswalk and suffered permanent thumb injury. Car Accident and Neck Injury – $300,000 Jury verdict of $300,000 for 20-year old who suffered soft tissue neck injury and headaches after she hit another vehicle that unlawfully entered the roadway in front of her. Destruction of Frozen Sperm – $400,000 Sperm bank destroyed frozen sperm without permission. Discuss your personal injury or employment law matter with an experienced lawyer. Contact us. Disclaimer The results of the cases reported on this web site are based upon the merits of the individual case, and past outcomes do not guarantee future outcomes. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us, and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. 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