Profile
Stephen J. Murphy joined the firm Block & O'Toole in early 2005 after a successful and rewarding career as a homicide prosecutor working in the Brooklyn District Attorney's Office. After just three years with the firm, he was named a partner and the name of the firm was changed to Block O'Toole & Murphy. Mr. Murphy is a lawyer that is best known for his work in the courtroom, now focusing on serious construction accidents and catastrophic personal injury trial work. Mr. Murphy handles a wide range of cases including labor law and construction accidents, wrongful death, premises liability, tractor trailer collisions, medical malpractice and motor vehicle cases.
Mr. Murphy is an adjunct professor of law at the St. John's University School of law. He teaches trial advocacy and lectures on criminal and civil trial practice and evidence. Mr. Murphy also serves as an instructor for their nationally regarded trial advocacy program. Mr. Murphy has been featured on Fox News Radio as one of "America's Premier Trial Lawyers," and has been recognized by 'The National Trial Lawyers' as one of the top 100 trial lawyers in New York State. Mr. Murphy also has appeared on Court TV, Fox Radio and Sirius/XM Satellite Radio as a guest host offering expert legal commentary
About Stephen Murphy
Admitted: 1998, New York
Professional Webpage: www.blockotoole.com/attorney.asp?key=135
Honors and Awards:
- In 2010, The Frances Pope Memorial Foundation honored Stephen J. Murphy for His Extraordinary Commitment To Children & Their Families Who Endure Catastrophic Challenges. The mission of The Frances Pope Memorial Foundation is to assist families caring for children with cancer by helping to pay some of the expenses NOT covered by insurance., Frances Pope Memorial Foundation Man of The Year., 2010
Bar/Professional Activity:
- Member of the Board of Directors, New York State Trial Lawyers Association, President of the Brooklyn Manhattan Trial Lawyers Association, Member of The Brehon Society
- In 2011, Stephen Murphy was appointed to the New York County Democratic Judicial Screening Panel., 2011
Pro bono/Community Service:
- Mr. Murphy is a proud member of the St. Jude Children's Hospital fundraising team, acting as the co-chair of a very successful wine tasting that raises money and awareness for the St. Jude Children's Hospital. Mr. Murphy was named the 2010 "Man of the Year" by The Frances Pope Memorial Foundation, an organization that helps fight pediatric diseases such as leukemia and cancer.
Scholarly Lectures and Writings:
- Can Injured, Undocumented Construction Workers Recover Lost Wages?
The New York Law Journal
On February 22, 2010, the New York Law Journal featured an article by two of Block O'Toole & Murphy's construction accident attorneys: Stephen J. Murphy and David L. Scher. The central question of the piece is whether undocumented construction workers have the right to recover lost earnings resulting from injuries on the job. As they put it, "If a worker has obtained employment without documentation, a violation of the law, should he be able to recover lost wages after he is hurt on the job?"
Both experienced construction accident attorneys, Murphy and Scher begin by discussing a 2006 decision by the New York Court of Appeals, Balbuena v. IDR Realty LLC, a landmark which held that undocumented construction workers may be entitled to recover lost earnings as a result of workplace injuries. After reviewing the differences between the Balbuena decision and a U.S. Supreme Court Decision, Hoffman Plastic Compounds Inc. v. NRLB, Murphy and Scher proceed to a decision by the Appellate Division, Second Department (Coque v. Wildflower Estates Developers Inc.), which concluded: "Where an employer violated the IRCA in hiring an employee, such as by failing to properly verify the employee's eligibility for work, the employee is not precluded, by virtue of his submission of a fraudulent documentation to the employer, from recovering damages for lost wages as a result of a workplace accident." A similar decision was made the by the First Department in Macedo v. J.D. Posillico Inc., holding that the worker's lost earning was not forfeited by submitting a fraudulent social security card because the employer failed to comply with its employment verification obligations in good faith.
Murphy and Scher note that "the principles established in Balbuena have even been applied to prevent certain defendants from inquiring about an injured construction worker's immigration status." This was the case in a 2007 New York Supreme Court case, Gomez v. F&T Int'l (Flushing, NY), in which the employer failed to verify the immigration status of two demolition workers, a violation of the IRCA. The court, punishing the company for its apparent practice of intentionally hiring undocumented workers, denied a motion to compel further deposition regarding the immigration status of the injured workers.
While it may first appear that the Balbuena decision struck a blow against the IRCA by "rewarding" undocumented workers, the Court was persuaded that "limiting the lost wage claims would increase employment levels of undocumented aliens." This, in turn, would make it "more financially attractive" to hire undocumented workers, thereby thwarting the purpose of the IRCA.
In conclusion, Murphy and Scher note that federal legislative changes, such as making it a crime to work without documentation, would have a dramatic impact on the law, compromising a major underpinning of Balbuena. The final irony, they note, is that "stricter federal immigration laws could encourage further hiring of undocumented aliens, leading to less safe work environments and more injuries, because subsequent injury claims would become far less valuable, absent lost earnings components.", Author, Can Injured, Undocumented Construction Workers Recover Lost Wages?, The New York Law Journal, 2010
Verdicts and Settlements:
- Recent Results:
$32,756,156 Jury Verdict in Suffolk County for a 60 year-old man that sustained a traumatic brain injury.
$15,500,000 Settlement for an injured client in a pedestrian knockdown case
$5,500,000 Settlement just before jury selection for an injured electrician that sustained a traumatic brain injury after falling from an extension ladder.
$3,231,000 Settlement against a Bronx slumlord on behalf of an infant that was burned with hot water while bathing in her home.
$3,100,000 for a plumber that sustained spine injuries while working in a trench at a construction site.
$2,750,000 Settlement for a 57 Year-Old female pedestrian that sustained a neck injury after being struck by a van.
$2,250,000 Settlement during trial for a laborer that sustained a lower back injury requiring surgery.
$2,250,000 Settlement just before trial for an injured coca-cola worker that sustained a back injury while making a delivery at a prominent French restaurant.
$2,200,000 Settlement just before trial for an injured sanitation worker that sustained a fractured leg while working that required surgery and a skin graft.
$2,005,000 Settlement in a "reckless disregard" case against an ambulance company.
$2,000,000 Settlement in a case against The City of New York for a client that required spine surgery.
$1,941,000 Jury Verdict in a spine surgery case in Kings County.
$1,823,000 Jury Verdict in a non-surgical disc bulge case in Kings County. His client, a surgeon, missed a total of one day of work.
$1,750,000 Settlement for a Suffolk County woman that sustained a back injury in an accident with a bus.
$1,650,000 Settlement for a family in a wrongful death action due to the negligence of a building owner in a deadly fire.
$1,500,000 Settlement in a case against The City of New York for a 57 Year-Old woman that sustained back and leg injuries after being knocked down by an unmarked police car while crossing the street.
$1,490,000 for a 44 year old man that was injured in a collision with a bus.
$1,475,000 Settlement for a hospital employee that was injured on the job.
$1,450,000 and $924,000 Settlements in two concurrent causation cases in Queens County.
$1,400,000 Settlement in Queens just before summations for an injured carpenter that lost the tips of his fingers in a construction accident.
$1,350,000 Settlement before trial on a trucking accident in Queens County.
$1,350,000 Settlement for a Construction Laborer that had two tips of his fingers from his dominant hand amputated in a construction site accident.
$1,350,000 Settlement on the eve of trial for a construction laborer that fell off a roof, fracturing his arm and a bone in his pelvis. The trial was venued in Rockland County.
$1,325,000 Settlement just before trial for a carpenter at a construction project who fell from a ladder that was on top of a rolling scaffold, sustaining lower back and knee injuries.
$1,250,000 (the entire insurance amounts) for a woman that aggravated a prior spine injury requiring surgery.
$1,250,000 Settlement just before summations in a Bronx trial on behalf of a bicycle messenger that sustained leg and knee injuries in an accident.
$1,220,000 Settlement for a truck driver that sustained an elbow injury and aggravated a long-standing back injury just before trial in a Nassau County tractor trailer accident.
$1,200,000 Settlement for a laborer that lost the tips of four toes in a construction site accident.
$1,200,000 for a 54 Year-Old female in Nassau County that exacerbated neck and back injuries requiring surgery.
$1,200,000 for a 50 Year-Old female that aggravated a prior neck injury in an auto accident.
$1,175,000 Settlement on the eve of trial for a woman with long standing and preexisting cervical herniations. The victim was struck by unsafely stacked products in a large supermarket.
$1,150,000 Settlement for a laborer that sustained a facial laceration while working with an unsafe saw.
$1,100,000 Settlement during trial for a female laborer that sustained a back injury in a construction accident.
$1,000,000 Settlement for a Suffolk County female that underwent a neck surgery after a motor vehicle accident.
$1,000,000 Settlement following a Jury Verdict in the Bronx for a 14 year-old that had arthroscopic knee surgery after an accident.
$1,000,000 Settlement (the entire insurance policy) for a 36 year-old man that sustained lung damage during a fire that took place in his apartment. The suit was brought against the landlord for illegally removing the fire escape 4 months before the fire occurred.
Video:
- On March 13, 2004, at 4:30 PM, Jimmy Dunne, a Vietnam Veteran, retired railroad conductor and American Legion Commander, and his wife were returning from a birthday party, when they witnessed and stopped to help the victims of a three-car crash in the small town of Port Jefferson Station, New York. Jimmy offered help because he was a Good Samaritan, and he knew CPR. While Jimmy gave his statement to police officers, a brand new Subaru driven by Lisa Lloyd crashed into the police barricades and slammed into Jimmy. Lisa kept going, with Jimmy’s head smashed into the windshield, until the fire chief ran alongside her car, dove through the window and threw the car into park. Jimmy was catapulted 30 feet into the air, landing on his head and changing his life forever in that split moment. Jimmy’s head was fractured in two places, and he suffered a brain hemorrhage. He plunged into a coma for a month and required brain surgery to treat his injuries. He now requires round-the-clock nursing care due to his injuries. Lisa Lloyd later pleaded guilty to second-degree assault while driving a car while impaired by drugs. Today, the Insider Exclusive will show you Jimmy Dunne’s truly courageous struggle to recovery; and how Stephen Murphy, former top homicide prosecutor for the Brooklyn DA’s office, and Daniel O’Toole, partners at the law firm of Block O’Toole & Murphy got Jimmy justice with a record judgment of $32.7 million, the largest non-medical malpractice personal injury award in Long Island history., The Good Samaritan: The Jimmy Dunne Story
Educational Background:
- Graduated from The Johns Hopkins University with a Bachelor of Arts degree and a major in political science., 1994
- Graduated with a Juris Doctor from the St. John's University School of Law., 1997