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
Doctor Wrongly Precluded from Testifying as to whether Car Accident Caused Traumatic Brain Injury; Appellate Court Orders New Trial in $2,000,000 Pain and Suffering Damages Lawsuit Dismissed During Trial
Plaintiff’s attorney told the jury in his opening statement on July 10, 2007 that a pedestrian knockdown car accident on October 3, 2002 was defendants’ fault and caused his client, 46 year Harry Soriano, to sustain traumatic brain injuries (TBI) along with herniated discs in his back and neck. Counsel also told the jury that
Medical Malpractice Pain and Suffering Verdict Reduced from $1,750,000 to $425,000; Appeals Court Gives No Explanation
In yet another significant New York personal injury lawsuit, an appeals court has modified downward a jury’s pain and suffering verdict with no explanation why, leaving the public clueless, judges and attorneys without guidance as to how to evaluate future cases and the plaintiff with $1,325,000 less than the jury awarded him. And the decision
Ankle Fractures Result in $1,000,000 Pain and Suffering Verdict Upheld on Appeal
The good news for the plaintiff is that his $1,000,000 pain and suffering verdict for disabling ankle fractures has been upheld on appeal; the bad news for lawyers and the public is that the decision gives little guidance as to why the judges concluded that the jury award was a fair and reasonable amount.
Neck Injury Verdict for $175,000 Affirmed on Appeal in Pedestrian Knockdown Lawsuit where Jury Awarded $120,000 for Future Medical Expenses but Nothing for Future Pain and Suffering
On November 20, 2001, Yuko Yamamoto, a 37 year old registered nurse, was walking to work in Manhattan when she was struck and knocked to the ground by a taxicab. In her lawsuit to recover pain and suffering damages for her resulting neck injury, a judge determined that no trial would be needed on the
Recent Bar and Restaurant Assault Cases Increase Exposure to Premises Owners
Bars and restaurants are frequently sued for injuries to patrons that result from fights. Usually, the fights, or attacks, are between patrons. Sometimes, it’s a bouncer or security person who causes the injuries. In all cases, though,liability upon the bar or restaurant will depend on whether there was an opportunity to control (i.e.,
Impermissible Jury Compromise Requires Court to Set Aside $500,000 Pain and Suffering Verdict for Ankle Injuries in Case Stemming from 1993 World Trade Center Bombing
Terrorists attacked New York City’s World Trade Center buildings twice – once on 2/26/93 exploding a bomb in the underground parking garage of the north tower; then on 9/11/01 flying planes into both towers.
Most people safely evacuated in 1993 (six died and hundreds were injured):
The lawsuits that followed the 1993 bombing are