On November 12, 2012, Florence Nemeth, then 67 years old, was diagnosed with peritoneal mesothelioma, a tumor of mesothelia cells in the abdomen. She died from the disease on March 5, 2016, before a lawsuit was brought on her behalf against several firms involved in the manufacture and distribution of a talc based product
Substantial Pre-Death Pain and Suffering Award in Case of Woman Struck by Vehicle
On November 23, 2011, Margarita Martinez was pushing her shopping cart in a crosswalk when she was struck by a cargo van on Cypress Avenue at East 138th Street in the Bronx. The van was driven by Robert Lane in the course of his employment as a delivery driver for Premium Laundry.
Ms. Martinez, 79
Pre-Death Pain and Suffering Claims Reinstated on Appeal for Patient in Vegetative State
After five years in a nursing home for treatment for several medical issues including chronic urinary tract infections and a stroke, and a month at New York Presbyterian Hospital (“New York Pres.”) in October 2013 where she was treated for respiratory distress and pneumonia, Charlotte Much was transferred to a New York City nursing home
Damages Affirmed in Case of Medication Error Causing Death of 81 Year Old Hospital Patient
On August 16, 2007, Rose Kij, then 81 years old, had a sudden attack of left-sided weakness and was taken by ambulance from her home in Buffalo to Millard Fillmore Gates Hospital. She was admitted with a diagnosis of transient ischemic attack (similar to a stroke, but usually lasting only a few minutes and causing
Damages Assessed on Appeal in Horrific Motor Vehicle Accident
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
Loss of Household Services Claim Addressed in Wrongful Death Case
On August 26, 2012, Robert Finney was riding his motorcycle on a state road in Schuyler County. At the same time, Christopher Morton was driving his pickup truck two car lengths behind at the posted speed limit of 55 miles per hour. Tragically, Mr. Finney sustained fatal injuries when his motorcycle was struck by
Huge Medical Malpractice Wrongful Death Case Damages Verdict Reduced by Trial Judge
On November 22, 2002 Edward Beloyianis, then 14 years old, underwent spinal surgery at Columbia Presbyterian Medical Center intended to correct long-standing severe congenital scoliosis.
He came out of the surgery paralyzed from the waist down.
In his ensuing medical malpractice lawsuit, plaintiff claimed that that the surgeon and hospital should have sent Edward
Verdict for Plaintiff Affirmed in Case of Unwitnessed Fall Leading to Death Four Months Later
On September 3, 2013, at about 11 p.m., William Tyrell fell down an exterior concrete 16 step staircase at 243 Vrooman Avenue, a two story, two apartment rental building in Amsterdam, New York. Mr. Tyrell, then 77 years old, had been visiting the upstairs tenant. He was found at the bottom of the staircase, unconscious.
Substantial Verdict Reductions Ordered in Fatal Car Crash Case
On May 1, 2007, at 4 p.m., Jenna Vatalaro, a 19 year old college student, was driving her car westbound on Montauk Highway near its intersection with Atlantic Avenue in the hamlet of Blue Point in Suffolk County when her car was struck by a 35 foot long Suffolk County transit bus. Ms Vatalaro
Verdict Affirmed in Mall Parking Lot Death Case
On June 29, 2005, Concetta Russo-Carriero, a 56 year old paralegal, was abducted, stabbed twice with a knife and murdered in the parking garage of a White Plains shopping mall.
The perpetrator, 43 year