On October 1, 2012, Arianna Garcia was driving her car through an intersection in Middletown when she was struck by a car whose driver who failed to stop at a stop sign. Garcia, then 31 years old, was granted summary judgment as to liability and the matter proceeded to a trial on damages only.
Appellate Court Increases Jury’s Neck Injury Pain and Suffering Damages Award
On March 16, 2013, Alfred Chung was stopped at a red light at 216th Street and White Plains Road in the Bronx when his car was struck in the rear by a vehicle driven by Rachelle Shaw.
In his ensuing lawsuit, Mr. Chung obtained summary judgment determining that the accident was wholly the fault of
Award Affirmed for Hip and Other Injuries to Motorcycle Passenger
On May 31, 2013, at about 4 p.m., Jose Cabrera was a passenger on a motorcycle being driven by his friend Elido Gonzalez. They had each worked that day as contractors renovating residential apartments and were on their way to pick up checks for their wages when they collided with a New York City Transit
Substantial Award for 74-Year Old Man in Slip and Fall Case
On November 16, 2011, Lush Dacaj slipped on concrete stairs going down to the subway at Rockefeller Center at Sixth Avenue and West 47th Street in Manhattan.
Dacaj slipped on the tread of the third-highest step and fell to the bottom of the stairs sustaining serious neck injuries.
In his ensuing lawsuit against the
New Liability Trial Required in Medical Malpractice Spinal Injury Case
On September 1, 2010, while at work as a physical therapy assistant, Arlene Daniele, then 59-years-old, felt a twinge in the area of her lower back. The next day, she felt pain when attempting to walk. She went that day to see a pain management physician and was diagnosed with lumbar enthesopathy (inflammation) and myalgia
Appellate Court Determines Jury Award Inadequate and Orders New Damages Trial
On January 17, 2015, Nicholas Avissato was stopped at a red light in Staten Island when his Nissan Maxima was struck in the rear by a Jeep Grand Cherokee driven by Andrew McDaniel. In Mr. Avissato’s ensuing lawsuit, his motion for summary judgment as to liability was granted and the matter proceeded to a trial
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
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
Verdict Affirmed for Passenger Who Fell Inside Moving Bus
On April 2, 2012, at about 5 p.m., Apolonia Castillo boarded a city bus on 57th Avenue between 97th Place and 98th Street in Queens. After paying her fare, she fell and sustained injuries to her left knee and spine.
Ms. Castillo, then 72 years old, sued the bus company claiming that the driver caused
Jury Verdict Declining to Award Any Pain and Suffering Damages Upheld in Car Accident Case
On December 17, 2011, Ebony Stanford was a rear seat passenger in a taxicab that was involved in a crash with another vehicle in Manhattan on the FDR Drive near the 53rd Street exit.
Ms. Stanford, then a 33 year old security officer at Harlem Hospital residing in the Bronx, sued both drivers seeking an