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
Significant Damages Awards in Spinal and Ankle Injuries Case
On December 29, 2013, Angelina Register was asleep in her apartment at 1265 Morrison Avenue in the Bronx when leaky pipes caused ceiling plaster to fall on her. When she got out of bed, she injured her back and ankle when she slipped and fell on water and the debris that had fallen from the
Appellate Court Affirms Jury’s Modest Pain and Suffering Award for Worker’s Ankle and Back Injuries
On February 4, 2012, Anthony Farrugia was working as an operating engineer when he stepped into a hole in the floor of the sub-basement at 1440 Broadway in Manhattan.
Mr. Farrugia, then 29 years old, sued the building owner and others alleging
Significant Pain and Suffering Award in Non-Surgical Herniated Discs Case
On October 5, 2013, Christine O’Connell was sitting in her car stopped at a red light in Hamburg (a Buffalo suburb) when another driver drove through the light causing a crash. Christine, then a 24 year old student, declined medical treatment at the scene but called her doctor that night complaining of low back
Court Addresses Claim of Inconsistent Damages Verdict
On June 19, 2013, German Paucay, then 24 years old, was employed as a stucco installer at the site of the construction of a new building at 601 East 163rd Street in the Bronx when he fell from a scaffold seven feet to the ground below sustaining injuries.
The Site of
Defendant’s Challenges to Large Pain and Suffering Damages Award Upheld on Appeal in Motor Vehicle Accident Case
On January 6, 2015, Kenia Cabrera had just finished work at a Dunkin Donuts shop located at LaGuardia Airport and had returned to the employee parking lot to retrieve her car and go home. As she was exiting the lot, a Mack truck spreading salt to keep the lot free of ice struck her car
Appellate Court Reinstates Jury’s Pain and Suffering Verdict After Substantial Upward Modification by Trial Judge
On December 21, 2012,Zobeida Hiciano was injured when she was struck by a vehicle as she walked across Jerome Avenue in the Bronx.
After opening statements in her lawsuit against the driver and owner of the vehicle to recover damages for her back and elbow injuries, the trial judge directed a verdict in
Pain and Suffering Awards Affirmed in Pedestrian Knockdown Case
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