On September 2, 2009, Yvan Lemoine slipped and fell down an interior stairwell at the premises of Planet Fitness in Astoria. Yvan, then 28 years old, had been walking from the second to the first floor when wet, just-mopped stairs caused him to slip and fall down 14 stairs. He had intense pain in his… Continue Reading
Tag Archives: Herniated Disc
Appeals Court Affirms $2,000,000 Pain and Suffering Verdict for Neck Injury
Posted in Neck InjuriesOn January 13, 2006 at about 1 p.m., Mohammed Kayes, then 44 years old, was walking with his three year old daughter on the sidewalk adjacent to Queens Boulevard near 34th Street in Long Island City. Suddenly, a transit authority truck backed up and pushed over a 40 pound stop sign and pole that then… Continue Reading
Another Significant Verdict Affirmed for Non-Surgical Spinal Injuries
Posted in Back Injuries, Neck InjuriesOn November 23, 2003, at about 8 p.m., Alicia Rutledge was boarding a city bus at the corner of 125th Street and Seventh Avenue in Manhattan. She claimed that the bus driver closed the doors on her when she was on the first step. Her arms were pinned by the doors of the suddenly moving… Continue Reading
Verdict Affirmed for Non-Surgical Spinal Injuries
Posted in Back Injuries, Neck InjuriesOn June 15, 2006, at about 2:30 p.m., Cornelius James was walking on the sidewalk at West 66th Street between West End and Amsterdam Avenues in Manhattan. Two cars collided and one car mounted the sidewalk and struck the pedestrian. Mr. James, a 31 year old attendant at a blood bank, was thrown eight… Continue Reading
Back and Coccyx Injuries from Trip and Fall – Appeals Court Orders $1,000,000 Reduction of Pain and Suffering Verdict
Posted in Back Injuries, Psychological DamagesOn January 27, 2003, at about 9:45 a.m., Lucille Turuseta was walking into the rear entrance of an office building at 175 Main Street in White Plains where she worked as the office manager for a court reporting firm. As she opened the door, Ms. Turuseta’s right foot became caught in broken cement causing her… Continue Reading
Court Rejects Defense Claims that Back Injury Pain and Suffering Awards Excessive
Posted in Back InjuriesLuis Ramos was sitting in a parked car in the parking lane, on Claremont Parkway in the Bronx on September 24, 2001. He had been waiting for his son when he decided to exit the car. After opening the driver side door about six inches, his car was struck by a passing city bus. Ramos… Continue Reading
Neck and Back Injuries Result in $1,800,000 Pain and Suffering Award Approved by Appellate Court, Despite Lack of Surgery
Posted in Back Injuries, Neck InjuriesOn July 28, 2005, James Coleman was working as a subway track worker repairing tracks for the New York City Transit Authority (the TA). He was on a hydraulic lift platform that collapsed causing him to fall 25 feet to the ground below. Workers on a hydraulic lift: Coleman sued the TA for the… Continue Reading
Appeals Court Reinstates Jury’s $600,000 Pain and Suffering Verdict in Knee Injury Case
Posted in Back Injuries, Knee InjuriesOn September 11, 2005, Ydaiza DeCastro fell when her shoe got stuck in a hole in front of the elevator on the fourth floor of the apartment building where she lived at 1760 Andrews Avenue in the Bronx. She fell hard and injured her knee and her back. The building owner conceded liability for the… Continue Reading
$2,000,000 Affirmed for Construction Worker’s Back Pain and Economic Damages from Roof Fall; Immigration Act Defense Fails
Posted in Back InjuriesBack in 1999, when Aleksander Janda was hired by ABC Construction Corp. as an asbestos removal worker, he was a Polish immigrant in the U.S. on an expired tourist visa. Under federal law, the Immigration Reform and Control Act of 1986 ("IRCA"), it’s illegal to hire someone who’s not legally authorized to work in the U.S…. Continue Reading
Brain Injury Pain and Suffering Verdict Reduced on Appeal from $10,478,000 to $5,000,000 for Dentist in Moped Accident
Posted in Back Injuries, Brain InjuriesHe was known as the "Dentist to the Stars" but at about 9 p.m. on August 8, 2002 then 50 year old Larry Ashkinazy’s moped accident changed his whole life. He landed head first on the street, lost consciousness and was rushed by ambulance and admitted to a local hospital. Driving a moped like this,… 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
Doctor Wrongly Precluded from Testifying as to whether Car Accident Caused Traumatic Brain Injury; Appellate Court Orders New Trial in $2,000,000 Pain and Suffering Damages Lawsuit Dismissed During Trial
Posted in Brain Injuries, Law of DamagesPlaintiff’s attorney told the jury in his opening statement on July 10, 2007 that a pedestrian knockdown car accident on October 3, 2002 was defendants’ fault and caused his client, 46 year Harry Soriano, to sustain traumatic brain injuries (TBI) along with herniated discs in his back and neck. Counsel also told the jury that… Continue Reading
Ninety Days of Back Pain Results in $50,000 Verdict for Pain and Suffering in New York Car Accident Case Upheld on Appeal
Posted in Back InjuriesNew York has a very restrictive law when it comes to winning pain and suffering damages in car accident lawsuits. Our so-called No Fault Law was first enacted in 1973 and was designed to weed out frivolous claims and limit recovery to significant injuries. In return, car accident victims received some guaranteed medical and lost… Continue Reading
Traumatic Back Injury Results in $3,260,000 Jury Verdict (Including $1,600,000 for Pain and Suffering); Appeals Court Rejects Defense Claim for $400,000 Reduction for Future Social Securuty Disability Payments
Posted in Back InjuriesGerard Malloy had been an elevator mechanic for many years at 14 Wall Street in Manhattan when, on July 21, 2004, he tripped and fell over an air handler cover that had been left on the floor. He was thrown several feet and struck his back against nearby stairs. Diagnosed with herniated discs at L3-4, Malloy was forced to undergo fusion… Continue Reading
Pain in the Back – $810,000 Verdict Upheld Despite Lack of Surgery
Posted in Back InjuriesOn April 13, 2003, Sergeant Michael Lauro of the New York City Police Department was performing a station-house security check at his precinct when he slipped and fell in a puddle of water. After minor treatment, he was diagnosed with a rib fracture (which healed) and back pain. Unfortunately, the back pain never got better,… Continue Reading
Neck Injury Verdict for $175,000 Affirmed on Appeal in Pedestrian Knockdown Lawsuit where Jury Awarded $120,000 for Future Medical Expenses but Nothing for Future Pain and Suffering
Posted in Law of Damages, Neck InjuriesOn November 20, 2001, Yuko Yamamoto, a 37 year old registered nurse, was walking to work in Manhattan when she was struck and knocked to the ground by a taxicab. In her lawsuit to recover pain and suffering damages for her resulting neck injury, a judge determined that no trial would be needed on the issue… 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
New Wrist Fracture Case Upholds $3,100,000 Pain and Suffering Damages Award
Posted in Wrist InjuriesIt was hardly two weeks ago that we discussed wrist fracture cases in New York and how they can command settlements and verdicts between $450,000 and $900,000. Now comes the case of Serrano v. 432 Park S. Realty Co., LLC and an award of $3,100,000 for pain and suffering. In this new case, a 38… Continue Reading