On August 1, 2012, Besnik Malecaj was working for an excavation company renovating a townhouse at 45 West 70th Street in Manhattan to convert it from a multi-unit cooperative to a single family residence with an indoor swimming pool. Mr. Malecaj, then 40 years old, injured his neck, back, head and a shoulder when he
Damages for Hospice Aide Upheld on Appeal in Slip and Fall Case
On October 3, 2016, Jazmon Morrison was injured while working as a hospice aide at a nursing care facility in Williamsville when she slipped and fell striking her head on the hard floor of her patient’s room.
A Patient Room at Site of Accident
In her ensuing lawsuit against the facility owner and operator, Ms.
Record Setting Medical Malpractice Brain Injury Verdict
On November 27, 2018, at 3 a.m., then 41 year old William Lee, fell in his bathroom at home in Elmsford. His wife Anna heard the thud, ran to the bathroom and found her husband convulsing on the floor. She called 911. When the ambulance arrived, EMS suspected a stroke and Mr. Lee was rushed
Modest Pain and Suffering Award Affirmed in Lead Based Paint Case
Jason Lanza was born in 2008 while his parents were tenants in a multi-family building on Eastern Parkway in Farmingdale. In 2012, the Nassau County Department of Health conducted an inspection and found numerous lead hazards throughout the apartment including the paint on the windows and other areas in Jason’s bedroom.
In 2014, Jason’s parents
Review of Recent Decisions in Brain Injury Cases
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