On February 13, 2008, Charles and Julie Simon were wallpaper hangers scheduled to start work at a newly constructed office building at 1991 Marcus Avenue in New Hyde Park. That morning, Mrs. Simon drove to the site in their GMC Suburban with Mr. Simon a passenger in the front seat. Unable to access the property’s
Damages Awards Affirmed in Civil Rape Case
In August 2011, Noelle Feldman began treatment with William Knack, a clinical psychologist in Chappaqua. Ms. Feldman, then 53 years old, had endured lifelong experiences with sexual abusiveness. On January 10, 2013, Feldman claimed that she was raped and assaulted during a psychotherapy and counseling session.
Knack denied the allegations but a Westchester County
Damages Award for Mental Anguish Affirmed in Defamation Case
In May 2008, after receiving a tip that a 44 year old woman had attempted to engage a child in sexual activity, New York State Police troopers executed a search warrant for evidence related to child pornography at the Albany home the woman shared with her 24 year old son Robert Partridge. During the execution
Wrongfully Convicted Man Entitled to New Trial to Determine Award for Post-Incarceration Psychological Pain and Suffering in Addition to $13,200,000 Awarded for Pain and Suffering While Incarcerated
In 1985, Alan Newton was convicted of serious crimes in two separate prosecutions for which he received lengthy consecutive prison terms. He was exonerated of the second conviction (for rape, robbery and assault) and on July 6, 2006 he was released from prison after having served 22 years in jail (10 years on the first
Emotional Distress Pain and Suffering and Punitive Damages Awards Affirmed in Workplace Sexual Harassment Suit
Denise Rivera began working for United Parcel Service, Inc. (UPS) in 2001 at a facility in the Bronx. She was promoted several times, eventually to a supervisor position in 2004. Shortly thereafter, a fellow supervisor began a campaign of sexual harassment which ended with her termination from UPS on July 10, 2007.
Ms. Ramos, then
Courts Address Emotional Distress and Psychological Injury Damages
In June 2011, high school student Bridgette Belton landed a job as a food server at Popeye’s Chicken Restaurant at 145th Street and Frederick Douglass Boulevard in Harlem.
Each day Bridgette would walk from school to the restaurant where she’d change out of her school uniform into a work uniform. A disgusting pattern of sexual
Appellate Court Addresses Damage Awards in Case of Excessive Force by Police Officers
On May 30, 2008, at about 8:30 p.m., then 49 year old William Cardoza was drinking beer outside in front of the Bronx building where he lived. New York City Police Department (“NYPD”) officers assigned to address quality of life issues, such as public drinking, observed Mr. Cardoza with an open container. In the next
Pain and Suffering Claim in Suicide Case Survives Appeal
In 2005, Erin Stolarski lived in a Port Chester apartment with her boyfriend Donald DeSimone, a police officer. In October, though, Donald told Erin that he wanted to break up and he asked her to leave the apartment. Despondent over the breakup, Erin (23 years old) attempted suicide on October 15, 2005 by ingesting Oxycodone
Appellate Court Overturns $2,000,000 Verdict for Post-Traumatic Stress Disorder and Punitive Damages in Case alleging Excessive Force by Police
Carlos Pacheco was 23 years old and had a five year history of seizure disorders. Typically, an ambulance would be summoned to his apartment in the Bronx and he’d be taken to the hospital, treated and released. On September 30, 2006, Carlos was having a seizure and his girlfriend called 911.
After police and
Punitive Damages Award Dismissed by New York’s Highest Court in Case against Physician who Sexually Exploited Patient
Following incapacitating panic attacks in 2000, Kristin Dupree, then 29 years old, treated with family practitioner James F. Giugliano, M.D. in Southampton, New York over a period of 17 months. The doctor’s “treatment” included a nine month long sexual relationship that his patient later claimed caused her severe emotional distress.
A malpractice lawsuit against