On April 14, 2009, Robert McCullough was working as an ironworker at the One Bryant Park, Manhattan construction site when he tripped and fell after stepping into an uncovered drain hole. He claimed serious ankle injuries and sued the owner and general contractor claiming that their violations of the Labor Law caused his injuries.
Economic Damages
Loss of Household Services Claim Addressed in Wrongful Death Case
On August 26, 2012, Robert Finney was riding his motorcycle on a state road in Schuyler County. At the same time, Christopher Morton was driving his pickup truck two car lengths behind at the posted speed limit of 55 miles per hour. Tragically, Mr. Finney sustained fatal injuries when his motorcycle was struck by…
New Trial Ordered on Awards for Lost Earnings Damages
On February 6, 2014, David Flowers was working at a construction site in Buffalo when he was struck by a load of falling steel rebar causing injuries to his shoulder.
In his ensuing lawsuit, the 34 year old ironworker plaintiff was granted summary judgment on his Labor Law 240(1) claim against the project owner and…
Verdicts Affirmed for Spinal and Dental Pain and Suffering, Lost Earnings and Medical Expenses in Three Car Accident Case
On May 20, 2008, Alexander Nayberg was stopped at a red light in Garden City when two other cars collided in the intersection and one of them struck Mr. Nayberg’s car in the rear.
In the ensuing litigation, a Nassau County jury found that the two colliding drivers were each 50% at fault for…
Lost Earnings Award Slashed in Motor Vehicle Case in which Jury Awarded Nothing for Pain and Suffering Damages
On March 14, 2013 John Gore was stopped at a red light in Pleasantville when a car from behind, driven by Melissa Cardany, struck his car. Mr Gore, then 47 years old, was taken by ambulance to the local hospital where he complained of pain in his neck, back and left shoulder.
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Judgment Against Chiropractor Affirmed
On April 20, 2011, Thomas Tornatore, then 51 years old, was wrestling with his nephew when he sustained an injury to the base of his neck. Five days later, Mr. Tornatore sought treatment from a chiropractor. After his fourth and final treatment, which included chiropractic manipulations, he had severe pain in his neck that…
Significant Award for Future Medical Expenses Affirmed despite Modest Awards for Pain and Suffering in Car Crash Case
On August 7, 2010, Anil Sehgal was preparing to stop at a red light at the intersection of Fifth Avenue and West 57th Street in Manhattan when his car was struck from behind by another vehicle. Mr. Sehgal’s wife, Renu, was in the front passenger seat. Both claimed serious injuries as a result of…
Appellate Court Addresses Damages for Loss of Household Services
On September 19, 2009 Frederick Knight went to his son’s automobile race at the Fulton Speedway, a 3/8 mile clay racetrack at County Route 57 in Fulton. He paid a special fee to watch from the pit area behind the track and had been there for two hours standing near his son’s car watching…
Verdict in Neck and Knee Injuries Case Reduced on Appeal for Workers Compensation Benefits Received from Prior Accident
On June 2, 2010, Rosemary McKnight was a passenger in a city bus which rear-ended a tanker truck on Nostrand Avenue in Brooklyn.
As a result, Ms. McKnight, then 48 years old, injured her neck and both knees. In her ensuing lawsuit against the transit authority and its driver, Ms. McKnight’s motion for summary judgment…