In 2021 and twice this year, New York’s appellate courts issued a total of four decisions in shoulder injury cases that addressed the reasonableness of the damages awarded at the trial in each case.
Here are summaries of those cases (all of which are discussed in detail in articles we published here at New York
On February 12, 2013, Lusia Reinoso, a 61 year old home health aide, was exiting a city bus down the wheelchair ramp behind her patient who was in a motorized wheelchair when, without warning, the ramp was activated and Reinoso was propelled onto the sidewalk.
In Ms. Reinoso’s ensuing lawsuit, the jury found the
On December 13, 2014, Linda Miller was crossing the street on Broadway at its intersection with West 161st Street in Manhattan when she was struck by a van.
A jury found the van driver fully at fault and then awarded plaintiff damages in the total sum of $4,030,000 broken down as follows:
On November 13, 2010, Ralph Destino was involved in a motor vehicle crash in which his vehicle collided with a state trooper’s vehicle at a T intersection in Niagara County. Mr. Destino sustained shoulder injuries.
In the ensuing lawsuit, the Court of Claims judge determined that the trooper, who’d been on his way to
On July 24, 2013, Byung Choon Joe was in the course of his employment as an asbestos removal worker when he fell six feet from a scaffold at a state office building in Albany. Mr. Joe sued the State of New York claiming the scaffold was defective and that as a result of his fall
On March 4, 2013, Jose Flores was riding his bicycle down Second Avenue just south of 76th Street in Manhattan when he was struck by a large city bus.
Mr. Flores, then 37 years old, fell to the ground and could
On March 12, 2013, Richard Gontarek tripped and fell between flights of the steps of the staircase at the 59th Street and Lexington Avenue subway station in Manhattan.
Mr. Gontarek, then 47 years old, sued the transit authority claiming he fell and sustained injuries because of cracked tiles on the staircase platform. A Manhattan jury
On June 14, 2013, Albert Masmalaj was employed as a carpenter at a a recycling plant construction site in Brooklyn when he fell from a scaffold six feet to the cement floor below.
In his ensuing Kings County lawsuit against the premises owner
On October 5, 2015, Kathleen Henry was a standing passenger in a New Jersey Transit Corporation bus that rear-ended another vehicle in the Lincoln Tunnel. Ms. Henry, then 54 years old, was thrown to the floor and injured her shoulder.
In her ensuing lawsuit against the bus driver and owner, Ms. Henry was granted
On June 25, 2013, Jeffrey Scott was riding his motorized bicycle in the bike lane on Walton Avenue in the Bronx when he collided with a right turning school bus.
Mr. Scott, then a 42 year old private equity manager, sued the bus driver and owner claiming the driver was fully at fault and