On December 27, 2002, Massoud Micky, then 47 years old, was walking to the subway in the Bronx, on his way to work, when he fell stepping onto a sidewalk sustaining a severe ankle fracture that he ultimately claimed was caused when his foot was caught in a large gap that created an uneven, misaligned
arthritis
Appellate Court Affirms Refusal to Award Future Damages in Knee Injury Case
On July 20, 2007, Patrice Algerio drove her small car through an intersection in Ronkonkama when a box truck driven by an air conditioning firm’s employee drove through a stop sign and collided with her.
Claiming knee injuries, Ms. Algerio sued and fault was assessed 100% against the defendants (the owner and driver of the…
Trip and Fall Wrist Injuries Verdict Affirmed on Appeal
On December 23, 2004, Leonard Cedano was crossing the street at Clifford Place and Jerome Avenue in the Bronx. The 54 year old livery cab driver was in the crosswalk when he stepped onto a manhole cover that caused him to fall because it was about three inches lower than street level.
Workers repairing a …
Appellate Court Orders $510,000 Reduction of Ankle Injury Pain and Suffering Verdict
In Rivera v. New York City Transit Authority (1st Dept. 2012), a New York appellate court this week ordered a $510,000 reduction in pain and suffering damages awarded in 2009 to an office worker who sustained a trimalleolar ankle fracture in a trip and fall accident. Her award now stands at $1,200,000 ($600,000 past –…
Appeals Court Rules that $1.2 Million is Proper for Pain and Suffering in Ankle Injury Case
On March 7, 2003, a cold, icy and windy morning, Julio Alieca took a city bus to visit his mother in the Bronx. The driver stopped near the intersection of 174th Street and Harrod Avenue and the 33 year old Alicea stepped out of the rear door down onto accumulated snow in the street, slipped, …
Knee Injury Pain and Suffering Verdict Increased on Appeal to $1,400,000
Angelo Diaz reported to work at 5:15 a.m. on July 15, 2002 at the New York City Department of Sanitation’s maintenance garage in Manhattan. The then 40 year old Diaz was going about his work for an hour or so moving trucks from the garage (like the one seen below) to the street outside when…
Shoulder Injury Pain and Suffering Verdict – $250,000 Upheld after Malpractice by Attorneys
Rosalie David, a 57 year old schoolteacher, was a front seat passenger in a car driven by her husband on January 25, 2003 in Cortlandt Manor, New York. Waiting to make a left turn, their car was rear ended by a car driven by Dennis Astrologo.
Complaining of pain in her right shoulder, Mrs.
$1,000,000 Pain and Suffering Verdict Affirmed on Appeal for 55 Year Old Man with Bilateral Wrist Fractures
On September 9, 2003, then 55 year old Matar Diouf entered a New York City Transit Authority (NYCTA) train station at 96th Street and Broadway in Manhattan. As he descended the staircase inside the station, he stepped on a two inch high protrusion, lost his balance on the uneven surface and fell down the…
Elbow Fracture Case Settles for $1,650,000 under High-Low Agreement after Verdict for $4,370,000
Rey Espinal was a healthy, active 36 year old laborer on June 8, 2005 when he was working at a warehouse in the Bronx installing a tall rolling door gate. He fell off a ladder about 14 feet to the ground below.
It’s dangerous to be working up on a ladder:
Mr. Espinal was…
Ankle Injury Pain and Suffering Verdict Reduced by Trial Judge from $1,850,000 to $1,250,000 – Appellate Court is Next
On June 10, 2003, Romeo Marshall was working as a field technician for Transcore Holdings, Inc., a company that designs, installs and maintains electronic toll collection systems. His job that day was servicing the EZ Pass machines at the Bronx-Whitestone Bridge. Unfortunately, while in a truck lane at the toll plaza, Marshall didn’t see …