When a defendant has been found liable causing for a car accident and the jury verdict includes amounts for past pain and suffering and future medical expenses but nothing at all for future pain and suffering, a new trial is required under New York law. On August 22, 1996 Lindsay Grobman, then 17 years old,… Continue Reading
Category Archives: Surprising Damage Verdicts
Subscribe to Surprising Damage Verdicts RSS FeedSurprisingly 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
Newest Ruling in Golf Course Cases – Plaintiff Hit in Eye by Errant Shot Loses Vision and Case
Posted in Assumption of the Risk, Eye and Vision Injuries, Surprising Damage VerdictsWill New York become a haven for lousy golfers? That’s a possibility given an appeals court ruling last week in the case of two (theretofore) friends and golfing buddies who took to the course on October 19, 2002. One of their threesome got hit in the eye by an errant golf shot from another in the… Continue Reading
Another Subway Accident – $5,950,000 Pain and Suffering Verdict for Man Struck by Subway Car (after returning from methadone clinic and drinking pure rum)
Posted in Amputation Injuries, Eye and Vision Injuries, Surprising Damage VerdictsIt never ends, does it? Another careless person fell onto the New York City subway tracks and was grievously injured. Then he lawyered up, sued the city and a Brooklyn jury recently found the city’s motorman 70% at fault with the result that the injured fellow was awarded $5,950,000 for his pain and suffering. Walter… Continue Reading
New Trial for Quadriplegic Man Claiming Personal Injury Damages Resulting from Wheeling Himself to Retrieve Wrongfully Towed Car
Posted in Surprising Damage VerdictsAfter evidence was presented in a trial in 2006, the judge dismissed a personal injury case brought by Delvin Sweeney. He appealed and won a new trial set to start this week in Bronx County, New York. The case is Sweeney v. Bruckner Plaza Associates. It all stems from an incident on December 23, 1997… Continue Reading
Lumbar Fusion Damages: Jury Awards 32 Year Old Woman Only $75,000; Appeals Court Still Too Low At $225,000
Posted in Back Injuries, Surprising Damage VerdictsDeanna Kmiotek was 32 years old on July 8, 2004, sitting in her car at a red light in hometown Amherst, New York when out of nowhere the town’s dump truck carrying an 18 ton load smashed into the rear of her car. She was seriously injured and sued the town for her damages. A… Continue Reading
Jury Finds Doctors Did Not Commit Malpractice But New York’s Highest Appeals Court Orders New Trial Because Trial Judge Did Not Poll the Jury
Posted in Surprising Damage VerdictsNine years after the fact and 2 1/2 years after the jury verdict, all of the parties in a medical malpractice case have been ordered back to court for a retrial because of the trial judge’s error in refusing to ask the jurors individually whether in fact their unanimous, individually signed written jury verdict exonerating… Continue Reading
Doctors Paid for False Reports in Injury Cases?
Posted in Surprising Damage VerdictsThis New York personal injury lawyer takes a back seat to no one in his admiration for physicians, especially orthopedic surgeons. I maintain that day in and day out doctors are among the noblest of our citizens, they do what no one else can and they are in general underpaid and overstressed. And the pressures… Continue Reading
Appeals Court Affirms $300,000 for an Injury but Declines to Identify the Injury
Posted in Ankle Injuries, Surprising Damage VerdictsFor the third time in one week, a New York appellate court has issued a decision ruling on the reasonableness of a jury’s pain and suffering verdict while withholding the nature of the injury. Eric Turkewitz over at New York Personal Injury Law Blog says I am "steamed" about this issue. Well, maybe I am…. Continue Reading
Another $1,000,000 Unexplained Appeals Court Reduction of a Pain and Suffering Damages Jury Verdict
Posted in Amputation Injuries, Surprising Damage VerdictsOne day after we wrote about an appeals court’s unexplained reduction of $1,350,000 from a jury verdict for pain and suffering in a Suffolk County case, today we have another appeals court doing the same thing. What’s going on here? In Lopez v. New York City Transit Authority, the plaintiff was riding his bicycle when… Continue Reading
Head and Neck Injuries from Falling Tree – $2,600,000 Pain and Suffering Verdict Reduced on Appeal Without Explanation to $1,350,000
Posted in Surprising Damage VerdictsOn March 6, 1997, Louis Ferrigno, a 29 year old carpenter, was driving on a county road in New York when a large tree fell onto his car and crushed it causing him severe head and neck injuries. Ten years later his case against the county for negligence came to trial. His claim was based… Continue Reading
Different Juries Rule on Same Case with Same Injuries – 1st Jury Awards $575,000 for Pain and Suffering, 2nd Jury only $22,000. Why?
Posted in FAQs - Juries, Foot Injuries, Surprising Damage VerdictsIn a case involving a pedestrian struck by a bus, there were two trials with two different juries. The plaintiff sustained elbow and foot fractures and in the first case her pain and suffering verdict was $575,000 but in the second case a new jury reduced that sum to $22,000! It all began at 6… Continue Reading