On January 29, 2013, at about 7:30 p.m., Juan Estevez was attempting to cross Sunrise Highway at its intersection with Henry Street in Freeport when he was struck by a left turning vehicle. Mr. Estevez, 64 years old, sustained massive injuries in and about his head, ribs and sternum. He was pronounced dead at
Wrongful Death
Appeals Court Upholds Verdict in Unwitnessed Fatal Pedestrian Knockdown Accident
By John Hochfelder on
Posted in Wrongful Death
On October 29, 2006, a woman was found dead on the road four feet from the curb of a bus stop on the Henry Hudson Parkway service road at West 236th Street in the Bronx. There were tire marks across her back and she’d sustained crush induced fractures of her arms, face, pelvis, shoulder and…
Appellate Court Addresses Damages in Fatal Car Crash Case
By John Hochfelder on
Posted in Wrongful Death
On January 24, 2004, Col. (retired) William Gardner sustained fatal injuries when the vehicle he was driving struck and vaulted over an interstate highway’s snow-covered barrier in Syracuse and fell to the street below. We discussed the ensuing lawsuit in previous articles, here and here. In Gardner v. State of New York (4th…
Appellate Court Addresses Pre-Impact Terror, Conscious Pain and Suffering and Pecuniary Damages in Pedestrian Knockdown Wrongful Death Case
By John Hochfelder on
Posted in Wrongful Death
On December 2, 2009 at about 7 p.m., a woman was walking across the street at the intersection of Avenue U and East 71st Street in Brooklyn. A city bus driver had stopped for a red light before turning right onto Avenue U when his bus struck and killed the pedestrian, 65 year old…
Verdict Affirmed in Delayed Diagnosis Medical Malpractice Death Case
By John Hochfelder on
Posted in Medical Malpractice, Wrongful Death
Bennett Rose underwent three colonoscopies – on January 3, 2003, December 14, 2006 and October 11 2007, each indicating the presence of polyps (which were removed), none indicating any malignancy or cancer. About two months after the third test, though, Mr. Rose, then 72 years old, started feeling unusually weak and tired. He was diagnosed…
Pre-Death Pain and Suffering Damages Reduced in Medical Malpractice Case
By John Hochfelder on
Posted in Medical Malpractice, Wrongful Death
In 2002, Ciciline Reid was a 49 year old grandmother who worked seven days a week as a home health aide. On July 28th, she presented to the Montefiore Medical Center emergency room complaining of swelling on the side of her neck and pain on swallowing that was diagnosed as a sore throat and…
Loss of Parental Guidance Awards Reduced on Appeal of Major Wrongful Death Case
By John Hochfelder on
Posted in Wrongful Death
We discussed the nearly $15,000,000 damages award in the fatal motor vehicle crash case of 28 year old Jason M. Rhoades in an article published on December 3, 2013, here. As we predicted, the defendant appealed arguing that the loss of parental guidance awards were excessive and that the loss of inheritance awards were…
Appellate Court Addresses Damages in Medical Malpractice Death Case
By John Hochfelder on
Posted in Medical Malpractice, Wrongful Death
Wilbur Rodriguez, a 44 year old postal worker, went to a hospital emergency room in Manhattan at 11:45 a.m. on Saturday, January 24, 2009. He complained of shortness of breath that started the day before, fever and chills. He was diagnosed with pneumonia and, after 12 hours in the ER, admitted and assigned a…
New York’s Highest Court Rules on Damages in Multiple Fatality Motor Vehicle Rollover Case
By John Hochfelder on
Posted in Wrongful Death
On July 1, 2000, 60 year old Steven Motelson lost control of his 1998 Ford Explorer sport utility vehicle on Route 17 in Goshen. It rolled over nearly four times and landed on the driver’s side. The roof of the car collapsed onto Steven’s head and caused his death at the scene.
Steven’s 36 year …
Substantial Awards in Medical Malpractice Case for Pre-Death Pain and Suffering and Costs of Care of Decedent’s Disabled Adult Child
By John Hochfelder on
Posted in Medical Malpractice, Wrongful Death
On Wednesday June 18, 2008, Nam Yoon Lee woke up with stabbing pain on the right side of his stomach. He went with his wife to the emergency room at a hospital in Queens where morphine was administered, tests led to a diagnosis of gallbladder disease and a plan was made to surgically remove his…