On September 13, 2012, just before noon, Elaine Golimowski was walking across the street at an intersection in Cheektowaga when she was struck by a left turning unmarked town police vehicle. Ms. Golimowski, then 69 years old and retired, was propelled onto the car and then to the ground. She sustained several injuries and
Appellate Court Slashes Large Pain and Suffering Award in Traumatic Spinal Injury Case
On November 19, 2009, Calvin Tarpley was driving his car and was pulled over to the curb by a police officer on 188th Street near Hillside Avenue in Queens. After he was given a traffic ticket, his stationary vehicle was struck at the front driver’s side by a city bus. Mr. Tarpley, a 43
Trial Judge’s Pain and Suffering Award Increased on Appeal in Construction Worker’s Spinal Injury Case
On July 3, 2013, Xiaoen Xie, a welder working at a construction site in Queens, was injured when he fell from the ground floor to the basement 10 feet below.
Mr. Xie, then 47 years old, was rushed to the hospital where he was treated for spinal injuries.
In his ensuing lawsuit against the
Future Pain and Suffering Award Increased in Rear-End Car Crash Case
On November 16, 2015, Roseann Maurer was stopped in her car waiting to tun left into a driveway on Big Tree Road in Wales (about 25 miles southeast of Buffalo) when another car struck hers in the rear end. Ms. Maurer sustained knee, neck and low back injuries.
After summary judgment as to liability
Appellate Court Affirms Modest Jury Awards to Three Plaintiffs Claiming Spinal and Shoulder Injuries in Rear End Car Crash Case
On February 3, 2010, Emilio Carino was driving his van in the Bronx with two passengers. While stopped at a red light, the van was struck in the rear by another vehicle.
Carino and his passengers sued the other driver who conceded liability. A trial on damages ensued and the Bronx jury awarded pain and
Appellate Court Increases Past Pain and Suffering Award and Adds Future Damages Award for Non-Surgical Injuries in Car Accident Case
On September 19, 2013, Eleanora Rozmarin was driving her car on the Van Wyck Expressway in Queens when her car was struck in the rear. Ms. Rozmarin sued the driver and owner of the other car and her pre-trial motion for summary judgment of liability against the defendants was granted.
The matter proceeded
Court Rejects Plaintiff’s Claim that Spinal Injury Pain and Suffering Award is Inadequate
On January 24, 2014, Barbara Murphy was driving northbound on the Saw Mill River Parkway in Dobbs Ferry. Chris Ford was driving southbound before making a left turn and losing control of his car whereupon Ms. Murphy’s car was struck and she was injured.
Murphy, then 58 years old, claimed that she sustained severe spinal
Appellate Court Affirms Court of Claims Awards in Spinal Injury Case
On September 21, 2011 Mark Fabiano, then 49 years old, was injured when he fell 18 feet to the pavement from a scaffold that he was helping to erect under a New York State Thruway bridge in Catskill.
In the ensuing Court of Claims lawsuit, Mr. Fabiano’s motion for summary judgment of liability under Labor
New Liability Trial Required in Medical Malpractice Spinal Injury Case
On September 1, 2010, while at work as a physical therapy assistant, Arlene Daniele, then 59-years-old, felt a twinge in the area of her lower back. The next day, she felt pain when attempting to walk. She went that day to see a pain management physician and was diagnosed with lumbar enthesopathy (inflammation) and myalgia
Verdict Affirmed for Passenger Who Fell Inside Moving Bus
On April 2, 2012, at about 5 p.m., Apolonia Castillo boarded a city bus on 57th Avenue between 97th Place and 98th Street in Queens. After paying her fare, she fell and sustained injuries to her left knee and spine.
Ms. Castillo, then 72 years old, sued the bus company claiming that the driver caused