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New York Injury Cases Blog Damages News, Updates and Analysis of Personal Injury, Wrongful Death and Medical Malpractice Awards

Tag Archives: Degenerative Disc Disease

Verdict for $5,000,000 for Past Pain and Suffering in Trip and Fall Back Injury Case Set Aside on Appeal – Jury’s Findings Irreconcilably Inconsistent as to Fault and Illogical as to Damages

Posted in Back Injuries

What were they thinking? In a stairway trip and fall negligence case, the jury found: plaintiff was negligent but defendant building owner was completely at fault and the 35 year old plaintiff was entitled to $5,000,000 for past pain and suffering but zero for future pain and suffering No one knows for sure what the… Continue Reading

Pedestrian Hit by New York City Bus Wins $1,400,000 Pain and Suffering Jury Verdict for Back Injuries; Appeals Court Orders New Trial Because Plaintiff Failed to Allege Preexisting Condition

Posted in Back Injuries

Defendants routinely and successfully argue in back and neck injury cases that  plaintiff’s injuries pre-existed an accident and no pain and suffering damages should be awarded (even if defendant is found to have caused the new accident). There’s merit to the argument but it’s not as simple as I’ve implied. Under New York law, a… Continue Reading