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
Back Injuries
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…
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
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…