On March 24, 2007, Fitzroy Burnett was working for the transit authority as part of a track removal and replacement project in the subway tunnel at the 155th Street station in Manhattan. Burnett was attempting to remove shoring stuck in the concrete skeletonized track. He slipped and fell backwards onto a track due to the… Continue Reading
Category Archives: Shoulder Injuries
Subscribe to Shoulder Injuries RSS FeedAppeals Court Allows $1,000,000 for Rotator Cuff Injury Pain and Suffering
Posted in Shoulder InjuriesOn May 29,2003, Joseph Rubio was about to catch a city bus at 72nd Street and Lexington Avenue in Manhattan on his way to work as a commercial real estate broker. It was a kneeling bus and, as he was boarding, the steps rose without warning causing him to fall forward and hurt his shoulder…. Continue Reading
Shoulder Injury Pain and Suffering Award Reduced
Posted in Shoulder InjuriesOn April 2, 2006, Lari Konfidan was driving in the right northbound lane on Third Avenue approaching 34th Street in New York City when a taxi in the lane next to him struck his car and caused it to spin out of control and smash into a parked car. Upon impact, Konfidan’s right shoulder hit… Continue Reading
Appeals Court Orders Increase in Pain and Suffering Award for Man who Fell from Subway Platform
Posted in Clavicle Injuries, Shoulder InjuriesOn October 3, 2003, Clyde Davison stumbled and fell from the subway platform onto the tracks at Franklin Avenue in Brooklyn. Luckily for him, there was no train in the area and a police officer responded quickly finding the 50 year old man face down near the third rail apparently intoxicated. Within a few minutes,… Continue Reading
Appellate Court Orders $450,000 Reduction in Pain and Suffering Award
Posted in Hand Injuries, Hip and Pelvis Injuries, Shoulder InjuriesOn August 22, 1998 Enrique Isaac was driving on Linden Boulevard near its intersection at Ashford Street in Brooklyn. He collided with a left turning city bus and ended up with several substantial orthopedic injuries. At trial, the then 53 year old plaintiff was awarded pain and suffering damages in the sum of $2,250,000 ($1,500,000… Continue Reading
Teenager’s $350,000 Pain and Suffering Verdict Upheld in Minimally Invasive Back Surgery Case
Posted in Back Injuries, Shoulder InjuriesOn September 7, 2005, Courtney Graves was on the Franklin Avenue shuttle train heading to orientation before the start of her sophomore year at Sheepshead Bay High School in Brooklyn. She never made it; instead ending up at the hospital after the train derailed and she was slammed against he window sustaining injuries to her… Continue Reading
Rotator Cuff Tear Surgery after Traumatic Shoulder Dislocation Leads to $100,000 Pain and Suffering Award on Appeal
Posted in Shoulder InjuriesIn 2009, a Manhattan jury awarded 54 year old plumber Bill Bouzas $10,000 for his pain and suffering (past – 2 years, future – zero) after a slip and fall accident left him with a dislocated shoulder and rotator cuff tear surgery. Shoulder dislocation: Rotator cuff tears can be degenerative and caused by repetitive rubbing… Continue Reading
Shoulder Injury Pain and Suffering Verdict – $250,000 Upheld after Malpractice by Attorneys
Posted in Shoulder InjuriesRosalie David, a 57 year old schoolteacher, was a front seat passenger in a car driven by her husband on January 25, 2003 in Cortlandt Manor, New York. Waiting to make a left turn, their car was rear ended by a car driven by Dennis Astrologo. Complaining of pain in her right shoulder, Mrs. David… Continue Reading
Bus Passenger’s Shoulder Injury Case Dismissed after Two Trials and Three Appeals; $450,000 Verdict Nullified
Posted in Shoulder InjuriesLinda Boyd got on a city bus in the Bronx on September 24, 1998. She was walking toward the back of the bus as it pulled away from the stop and lurched forward. Ms. Boyd grabbed the metal strap above her but it was defective and slid out of place causing her right shoulder to… Continue Reading
$562,000 Appeals Court Award for Pain and Suffering from Thoracic Nerve Injury Causing Scapular Winging and Disabled Arm
Posted in Arm Injuries, Medical Malpractice, Shoulder InjuriesHe was a tough 47 year old steel cutter employed for many years at the Goodyear-Dunlop plant in Tonawanda, New York (the Buffalo-Niagara Falls metropolitan area) when in 2004 he noticed his right arm was swelling. After visits to a local ER and his primary care doctor, Richard Winiarski ended up seeing a vascular surgeon… Continue Reading
Appellate Court Reverses Jury’s $465,000 Pain and Suffering Veridct and Dismisses Complaint – No Evidence of Recent Medical Examination in Neck, Back and Shoulder Injury Car Accident Case
Posted in Back Injuries, Neck Injuries, Shoulder InjuriesThe defendants admitted that they caused the car accident on August 9, 2005 when Fred Nesci’s car was totaled after it was rear ended by their SUV. Rear end collision damage: Fred and his passenger (his wife Valerie) claimed serious injuries but the defense insisted on a damages trial arguing that the injuries were not… Continue Reading
Shoulder Dislocation and Rotator Cuff Surgery – New York Judge Denies Plaintiff’s Motion Challenging Inadequacy of $10,000 Pain and Suffering Verdict
Posted in Shoulder InjuriesThere was no question as to liability – 54 year old Bill Bouzas slipped and fell on a wet floor at a New York City restaurant on February 1, 2007 and the jury found it was all the fault of the defendant. After a one week trial ending May 7, 2009, though, the same Manhattan… Continue Reading
Scapula Fracture: $1,600,000 Pain and Suffering Verdict Reduced on Appeal to $500,000
Posted in Shoulder InjuriesThe scapula, also known as the shoulder blade, is the flat triangular bone of the shoulder girdle. It articulates with the clavicle (the collarbone) and it forms the glenoid fossa with which the humeral head articulates. Take a look: There aren’t a lot of scapula fracture cases or decisions that result in large pain and… Continue Reading
New York Appeals Court Inadequately Explains its Order Deducting $455,000 from Pain and Suffering Verdict for Firefighter with Wrist, Shoulder and Knee Injuries
Posted in Knee Injuries, Shoulder Injuries, Wrist InjuriesOn December 22, 1999, Lieutenant Nocenzu Cusumano, a New York City firefighter, reported to work at the city’s recently renovated Staten Island training center. He slipped on stairway debris and fell 16 feet down to a concrete floor. He reached out for a handrail or banister but none was there as the renovation was illegal… Continue Reading
Surprisingly Low Bronx County Jury Verdict in New York Shoulder Injury Case Modified Only Slightly by Appeals Court
Posted in Shoulder Injuries, Surprising Damage VerdictsBronx and Kings Counties are among the few venues that New York personal injury attorneys (those representing plaintiffs, that is) will tell you are favorable counties for much larger than average-sized pain and suffering verdicts. Westchester, Rockland, Nassau and many upstate counties are among the worst (i.e., the juries are stingy in their verdict amounts)…. Continue Reading
Latest Slip and Fall New York Injury Cases – 2 out of 3 Dismissed Before Trial
Posted in Shoulder Injuries, Surprising Damage Verdicts, Wrist InjuriesSlip and fall injury cases in New York are quite common. They are also among the most difficult to win for the injured party. All three cases in the latest round of slip and fall trial court decisions released in New York are from accidents in the winter of 2006-2007. Two were dismissed on motions… Continue Reading
New Shoulder Injury Pain & Suffering Settlements – $300,000 and $200,000
Posted in Shoulder InjuriesUpdate: Following our recent post on shoulder injuries, now comes a new report on two claims that settled after trial – one for $300,000 and the other for $200,000. In Crisostomo v. The Salvation Army (Supreme Court, Bronx County; Index # 13825/05 and 17276/05), a 40 year old man was driving his car with his… Continue Reading
$2,162,000 Verdict for Shoulder Rotator Cuff Injury
Posted in Shoulder InjuriesJurors in a recent shoulder trauma case tried to a verdict awarded $2,162,000 for pain and suffering involving a torn rotator cuff. Torn Rotator Cuff: In another late 2008 jury verdict, $1,100,000 was awarded for pain and suffering for a similar injury. These pain and suffering verdicts appear to be well above the norm… Continue Reading