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New York Injury Cases Blog Damages News, Updates and Analysis of Personal Injury, Wrongful Death and Medical Malpractice Awards

Category Archives: Law of Damages

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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

Posted in Brain Injuries, Law of Damages

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… Continue Reading

Medical Malpractice Pain and Suffering Verdict Reduced from $1,750,000 to $425,000; Appeals Court Gives No Explanation

Posted in Law of Damages, Medical Malpractice

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 has forced me to… Continue Reading

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

Posted in Law of Damages, Neck Injuries

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 issue… Continue Reading

Recent Bar and Restaurant Assault Cases Increase Exposure to Premises Owners

Posted in Law of Damages

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., prevent) the… Continue Reading

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

Posted in Ankle Injuries, Law of Damages

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 still… Continue Reading