On January 6, 2015, Kenia Cabrera had just finished work at a Dunkin Donuts shop located at LaGuardia Airport and had returned to the employee parking lot to retrieve her car and go home. As she was exiting the lot, a Mack truck spreading salt to keep the lot free of ice struck her car
Neck Injuries
Appellate Court Affirms Denial of Motion to Set Aside Plaintiff’s Verdict in Construction Worker’s Spinal Injury Case
On April 3, 2007, Cleofoster Baptiste was working as a carpenter at a construction site at 1330 First Avenue in Manhattan when a plank of wood fell from the floor above and struck the back of his neck.
In his ensuing lawsuit against the site’s owner and general contractor, the jury (a) determined that the…
Appellate Court Slashes Large Pain and Suffering Award in Traumatic Spinal Injury Case
On November 19, 2009, Calvin Tarpley was driving his car and was pulled over to the curb by a police officer on 188th Street near Hillside Avenue in Queens. After he was given a traffic ticket, his stationary vehicle was struck at the front driver’s side by a city bus. Mr. Tarpley, a 43…
Future Pain and Suffering Award Increased in Rear-End Car Crash Case
On November 16, 2015, Roseann Maurer was stopped in her car waiting to tun left into a driveway on Big Tree Road in Wales (about 25 miles southeast of Buffalo) when another car struck hers in the rear end. Ms. Maurer sustained knee, neck and low back injuries.
After summary judgment as to liability…
Appellate Court Affirms Modest Jury Awards to Three Plaintiffs Claiming Spinal and Shoulder Injuries in Rear End Car Crash Case
On February 3, 2010, Emilio Carino was driving his van in the Bronx with two passengers. While stopped at a red light, the van was struck in the rear by another vehicle.
Carino and his passengers sued the other driver who conceded liability. A trial on damages ensued and the Bronx jury awarded pain and…
Pain and Suffering Award Affirmed for Hand and Neck Injuries
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 [SEE UPDATE BELOW]
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…