Once again an appellate court in New York has issued a decision on an appeal from a jury verdict in a personal injury lawsuit that fails to identify important facts about the case – such as the injury for which $210,000 was awarded. So once again, we have dug into the matter so we
Substantial Awards for Brief Periods of Pre-Death Pain and Suffering in Two New Appeals Court Decisions
A significant element of damages in New York wrongful death personal injury lawsuits is pre-death pain and suffering. This can be very difficult to prove (as opposed to other elements such as the decedent’s future lost earnings).
Here’s Pattern Jury Instruction 2:320 which is what New York judges tell juries about pain and suffering in
$3,000,000 Pain and Suffering Verdict Sustained on Appeal for Ten Year Old New York Girl Injured in Horrifying Subway Accident
November 4, 2001 began as a great day for ten year old Leonari Jones. She was an active, playful, happy kid who had a sleepover party and was on the subway returning home to the Bronx with her friends and babysitter. When the train pulled in to her stop at 174th Street, though,
Recent Bar and Restaurant Assault Cases Increase Exposure to Premises Owners
Bars and restaurants are frequently sued for injuries to patrons that result from fights. Usually, the fights, or attacks, are between patrons. Sometimes, it’s a bouncer or security person who causes the injuries. In all cases, though,liability upon the bar or restaurant will depend on whether there was an opportunity to control (i.e.,
Traumatic Brain Injury Pain and Suffering Verdict of $1,900,000 Affirmed on Appeal for 79 Year old Woman Struck by Bus
On May 26, 2006, Veena Sadhwani, then 77 years old, was struck by a bus making a left turnonto Third Avenue from 32nd Street in New York City. The bus driver never saw her before impact which he said took place about 1/3 of the way through the pedestrian cross-walk.
Mrs. Sadhwani was
Courts Rule on Important Issues in Drunk Driving Injury Cases: Husband who bought drinks may sue for wife’s death; Driver who struck pedestrian may look to bar to share in defense
It’s as simple as A-B-C. The Alcohol Beverage Control Law has long provided that it is a crime to sell alcohol to a visibly intoxicated person. Violation of the A.B.C. Law will expose the seller to a lawsuit for civil damages too. We visit two new cases that made their way to appeals courts
Doctor’s Sexual Harassment of Nurse Results in $15,000,000 Jury Verdict But Trial Judge Allows Only $750,000 for Past Pain and Suffering
Sexual harassment in the workplace – in some cases it’s quite real and devastating to the victim; in others it’s a baseless claim. It is clear, though, that sexual harassment is a form of impermissible discrimination outlawed under several statutes (e.g., 42 U.S.C. Section 2000e, known as Title VII of the 1964 Civil Rights Act
Tobacco Manufacturer Wins Dismissal and New Trial of $20,000,000 Punitive Damages Verdict in Smoker’s Wrongful Death Lawsuit
The purpose of punitive damages in personal injury lawsuits is to act as a punishment to the offensive defendant and as a deterrent or warning to others. They are awarded in addition to the plaintiff’s compensatory damages (i.e., pain and suffering, loss of earnings and medical expenses); however, they are only available when a
New Brain Injury Cases at Nationwide Verdict Tracker
We’ve added several just released cases to the Nationwide Verdict Tracker over at our sister site, Brain Injury FAQ. For details on these TBI cases, click on the links below or just head over to the site.
Sadhwani v. New York City Transit Authority (NY)
Foul Ball Plaintiff Can’t See that the Game is Over; Another Appeal this Week. Will Sanctions be Ordered for Frivolous Appeal?
I know I was a bit steamed last week when I took sides against a plaintiff and her lawyers for suing seven different parties after she was hit by a foul ball at a Hudson Valley Renegades minor league baseball game while seated in a left field picnic area in the stadium. Here, I