On October 30, 2016, Michael Davis and his father-in-law R. Foster Hinds were installing a tree stand for deer hunting on property in upstate Canisteo owned by Mr. Hinds and his wife. After the stand was installed, Mr. Davis stepped onto its platform to test it and a defective ratchet strap broke causing him to
Appellate Court Rules that Future Pain and Suffering Award Excessive in case of Motor Vehicle Crash that Caused Foot and Other Fractures
On October 3, 2014, James Blair was injured when the vehicle he was driving was struck by a city bus at an intersection in Queens. It was a heavy impact crash.
In the ensuing lawsuit against the other driver and the city transit authority, the parties disputed which one had the green light. The jury
Significant Award in Trip and Fall Case with Injuries to Knees and Spine but No Surgery
On June 1, 2012, Deborah Ormond was injured when she tripped over a raised and uneven piece of sidewalk next to a metal subway grate in front of 390 Lafayette Avenue in Brooklyn.
Ms. Ormond successfully sued the city transit authority claiming that defendant was negligent in the maintenance of the sidewalk. The jury awarded
Inconsistencies in Future Damages Awards Addressed on Appeal in Slip and Fall Case
On December 25, 2010, Julia Gonzalez was injured when she fell on a wet substance while descending steps at 1436 Beach Avenue in Bronx County, a residential apartment building. She’d been sent there to work as a home health aide for a tenant in the building.
Jury’s Damages Awards Modified in Fall from Bus Ramp Case that Caused Several Significant Injuries
On February 12, 2013, Lusia Reinoso, a 61 year old home health aide, was exiting a city bus down the wheelchair ramp behind her patient who was in a motorized wheelchair when, without warning, the ramp was activated and Reinoso was propelled onto the sidewalk.
In Ms. Reinoso’s ensuing lawsuit, the jury found the
New Trial on Damages Ordered; Large Verdict Set Aside in Pedestrian Knockdown Lawsuit
On December 13, 2014, Linda Miller was crossing the street on Broadway at its intersection with West 161st Street in Manhattan when she was struck by a van.
A jury found the van driver fully at fault and then awarded plaintiff damages in the total sum of $4,030,000 broken down as follows:
- $3,000,000 for
Construction Worker’s Pain and Suffering Award Slashed
On August 11, 2014, Mirson Pimenta, then a 42 year old construction worker, was injured on the job creating a foundation for a new building at 1504 Coney Island Avenue in Brooklyn. He was bending over to pick up some materials from the floor when a 15 foot aluminum ladder fell over and hit him
Award for Worker’s Back and Wrist Pain and Suffering Affirmed
On May 23, 2013, Jean Henriquez-Rodriguez fell from a wobbly ladder at an apartment building construction project at 1949 Adam Clayton Boulevard in Manhattan. He was employed by a contractor and had been reaching overhead to spread compound on an apartment ceiling.
Mr. Henriquez-Rodriguez, then
Roadway Worker’s Back Injury Pain and Suffering Award Reduced on Appeal
On May 11, 2012, Martin Gjeka was working as a flagman directing traffic around an unguarded trench in the roadway at East 116th Street in Manhattan, which was being excavated by the adjacent building owner to allow new sewer lines to be installed, when a truck struck his lower back, causing him to fall into
Significant Pain and Suffering Damages Increase Ordered in Car Crash Case
On July 27, 2013, Franklin Abreu-DePena, then 39 years old, was driving his taxi in the Bronx when he was involved in a crash with another vehicle.
Mr. Abreu-DePena claimed shoulder, neck and back injuries and in his ensuing lawsuit again the other driver, the jury (a) determined that the other driver was 60% at