In 2021 and on one occasion earlier this year, New York’s appellate courts issued a total of five decisions in brain injury cases that addressed the reasonableness of the very substantial damages awarded by the juries in each case. Here are summaries of each case (all of which are discussed in detail in articles we
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
Judgment Affirmed in Medical Malpractice Case for Infant with Brain Damage
On June 1, 2010, Vashti Daisley arrived at Vassar Brothers Medical Center in Poughkeepsie. She was in the late stages of pregnancy and had complaints of decreased fetal movement. After undergoing testing, Ms. Daisley was discharged to home. The next day, she underwent an emergency Caesarean section and her son Kendrick Young was born (at
Huge Medical Malpractice Brain Damage Verdict Slashed by Courts
On December 4, 2010, Keimoneia Redish, an asthmatic, went to the emergency room at St. Barnabas Hospital in the Bronx with complaints of shortness of breath, wheezing and chest pain. She was diagnosed with hypercapnic respiratory failure and admitted for treatment. She underwent various procedures and treatment, suffered from a significant blood pressure drop, near
New Trial on Damages Ordered in Case of Bicyclist Struck by Bus
On June 25, 2013, Jeffrey Scott was riding his motorized bicycle in the bike lane on Walton Avenue in the Bronx when he collided with a right turning school bus.
Mr. Scott, then a 42 year old private equity manager, sued the bus driver and owner claiming the driver was fully at fault and
Court Affirms Jury’s Modest Pain and Suffering Award in Car Crash Case, Rejecting Plaintiff’s Claim of Significant Brain Injury
On September 28, 2013, Elmi Mehmeti was driving his car on the Brooklyn Queens Expressway when it was struck in the rear by another vehicle and forced into the guardrail.
Mr. Mehmeti, then 34 years old, sued the other driver and owner. His motion for summary judgment as to liability was granted and the
Pain and Suffering Award Slashed in Brain Damage Medical Malpractice Case
On June 11, 2013, Carlyle Roberts was brought by ambulance to Kings County Hospital after being involved in a hit-and-run car crash. He was treated for a fractured ankle and a head injury.
Mr. Roberts underwent surgery for his ankle injury but his hospitalization was extended for weeks because he had symptoms from
Record Setting Traumatic Brain Injury Pain and Suffering Damages Award
On June 26, 2013, Mark Perez struck his head and sustained traumatic brain and other injuries in a 10-foot fall onto the concrete below from the top of a vendor booth under construction at Jones Beach Theatre in Wantagh. A worker assisting the then 30 year old Mr. Perez caused the accident when he bumped
Large Awards in Case of Woman Struck by Shopping Cart Thrown from Fourth Floor Pedestrian Bridge
On October 31, 2011, Marion Hedges went to a shopping center at East 117th Street in Manhattan with her 13 year old son. After they left a store, they walked to a parking garage station, when she was hit by a metal shopping cart which two adolescent boys threw over a railing from a pedestrian
Appellate Court Orders Increase in Pain and Suffering Damages in Car Crash Case
On January 30, 2013, Arnaldo Rojas was driving his car on Union Avenue in Harrison when another car crossed the double yellow line causing a crash.
In his ensuing lawsuit, Mr. Rojas, then 62 years old, claimed neck and brain injuries. He was granted summary judgment as to liability and the matter then proceeded to