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New York Injury Cases Blog News & Updates on Pain & Suffering Verdicts & Settlements

Tag Archives: Herniated Disc

Appellate Court Dismisses Neck Injury Verdict – Plaintiff Failed to Prove Need for Cervical Fusion Surgery Not due to Prior Accident

Posted in Neck Injuries

Agnes McDonald, a 55 year old elevator operator,  was a rear seat passenger in a two car accident in Manhattan on January 20, 2005. She was injured but did not seek medical treatment until four days later when she saw a physician at a local medical clinic, complaining of a stiff neck and a burning… 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 Damages

On 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

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 Injuries

On 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

$2,000,000 Affirmed for Construction Worker’s Back Pain and Economic Damages from Roof Fall; Immigration Act Defense Fails

Posted in Back Injuries

Back 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 Injuries

He 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 Injuries

The 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 Damages

Plaintiff’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 Injuries

New 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 Injuries

 Gerard 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

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 Injuries

On 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