On April 20, 2011, Thomas Tornatore, then 51 years old, was wrestling with his nephew when he sustained an injury to the base of his neck. Five days later, Mr. Tornatore sought treatment from a chiropractor. After his fourth and final treatment, which included chiropractic manipulations, he had severe pain in his neck that radiated… Continue Reading
Tag Archives: Herniated Disc
Judgment Affirmed for Motor Vehicle Passenger with Non-Surgical Herniated Lumbar Disc
Posted in Back InjuriesOn May 21, 2010, Elizabeth Eastman, a home health aide for Access Nursing Services, was a rear seat passenger in an ambulette that was transporting her client from a nursing home in Manhattan to her client’s residence in Harlem. The ambulette collided with another vehicle on the FDR Drive in Manhattan. As a result of… Continue Reading
Jury Verdict Reduced for Parking Garage Attendant Struck by Car
Posted in Back Injuries, Knee InjuriesOn August 16, 2006 Arnulfo Ahumada was working as a parking attendant in a parking garage at NYU Langone Medical Center at 530 First Avenue in Manhattan when he was struck by a rolling car whose driver had mistakenly left it on the ramp with its gear in neutral instead of park. Mr. Ahumada, then… Continue Reading
Shoulder Injury Award Affected by Claimant’s Credibility
Posted in Shoulder InjuriesOn September 19, 2013 Demetrio Vasquez was driving an SUV on Broadway through its intersection with 135th Street in Manhattan when a left-turning vehicle struck his driver’s side doors. There was no question as to liability for the crash and the other driver’s insurance carrier, State Farm, paid its $25,000 policy limits to settle Mr…. Continue Reading
Modest Pain and Suffering Award Affirmed in Car Crash Case
Posted in Back InjuriesOn April 30, 2010 Patricia Telesco was driving her 2003 Hummer motor vehicle on Route 55 in Lagrangeville when she was struck head on in her lane by a 1998 Oldsmobile driven across the double yellow line by Kyle Blackman on his way to classes at Arlington High School. Ms. Telesco was taken from the… Continue Reading
Pain and Suffering Awards Affirmed for Truck Driver’s Injuries to Ankle, Knee and Back Due to Fall at Gas Station
Posted in Ankle Injuries, Back Injuries, Knee InjuriesOn February 19, 2009, Ruben Corena drove his truck to the Sunoco gas station at 880 Garrison Avenue in the Bronx. While walking back to his truck after paying for his fuel, Mr. Corena fell and sustained injuries due to cracked pavement and oil on the ground. On January 8, 2013, in the ensuing lawsuit… Continue Reading
Serious Injury Threshold and Punitive Damages at Issue in Drunk Driving Case
Posted in Neck Injuries, Punitive DamagesOn May 7, 2005 Sean Dernago was driving his employer’s box truck on the George Washington Bridge when, after weaving in and out of several lanes in fairly heavy traffic, he rear ended a pick-up truck and launched it into a minivan driven by Frank Chiara. His wife Venetia Chiara was a front seat passenger… Continue Reading
Back Injury Pain and Suffering Awards Affirmed
Posted in Back InjuriesOn December 20, 2008 Anthony Waring was employed as a housekeeper at Sunrise Assisted Living in Yonkers. It had snowed the night before and Mr. Waring’s first order of business that morning was to shovel snow off the outside walkways. To do that, he had to get a shovel from the newly constructed outdoor shed… Continue Reading
Spinal Injury Pain and Suffering Verdict Affirmed
Posted in Back Injuries, Neck InjuriesOn February 6, 2008, livery taxicab driver Alfonso Robles was involved in a crash with another car in Port Chester. He ended up in the hospital emergency room and in his ensuing lawsuit commenced on May 21, 2009 against the other driver and vehicle owner, on January 24, 2012, a Westchester County jury apportioned liability… Continue Reading
Appellate Court Slashes Jury Verdict in Neck Injury Case
Posted in Neck InjuriesAt 5 p.m. on Thursday January 11, 2007, Christopher Cicola was stopped for a red light on Route 112 in Medford when a Suffolk County Sheriff’s car struck his 2004 Honda in the rear. The impact jolted the seat-belted Mr. Cicola forward and back but he was able to get out of his car on… Continue Reading
Appellate Court Reduces Pain and Suffering Verdict in Back Injury Case
Posted in Back InjuriesOn June 23, 2008, Ronald Weathers was in a car accident when the Dodge Neon he was driving was struck by a left turning SUV driven by Alex Rios. The accident scene – the intersection of Shell Road and Avenue Z in Brooklyn: Mr. Weathers, then a 55 year old automobile mechanic for many years… Continue Reading
Appeals Court Affirms Substantial Award in Excessive Force Case against State Trooper
Posted in Facial Injuries, Neck InjuriesOn December 20, 2001, at about 8:30 a.m., David Reynolds was driving on Ridge Road in Wolcott, New York when he was pulled over and arrested by a New York State trooper for driving without a valid license. An altercation ensued (there was a 10 year old history of hostility between Reynolds and the trooper) … Continue Reading
Appellate Court Dismisses Neck Injury Verdict – Plaintiff Failed to Prove Need for Cervical Fusion Surgery Not due to Prior Accident
Posted in Neck InjuriesAgnes McDonald, a 55 year old elevator operator, was a rear seat passenger in a two car accident in Manhattan on January 20, 2005. She was injured but did not seek medical treatment until four days later when she saw a physician at a local medical clinic, complaining of a stiff neck and a burning… Continue Reading
Significant Pain and Suffering Verdict Dismissed on Appeal in Car Accident Case
Posted in Back Injuries, Neck InjuriesCharles Bacon, a 23 year old mechanical engineer, was driving in Manhattan on August 17, 2007 when he was stopped at a red light and his car was struck in the rear. A week later, Bacon sought treatment with an orthopedic surgeon for complaints of neck and back pain. MRI reports later showed herniated discs… Continue Reading
Carpenter’s Back Injury Pain and Suffering Verdict Affirmed on Appeal
Posted in Back InjuriesOn August 24, 2006, Eric Berrios was a union carpenter working on an 80-story condominium construction project at 735 Avenue of the Americas in Manhattan. He was on the second floor deck, on top of a scaffold, cutting wood and laying out plywood when he fell 20 feet below onto a concrete slab. Berrios was… Continue Reading
Court Affirms Pain and Suffering Award Despite Pre-Existing Injury
Posted in Back InjuriesOn October 18, 2000, Olga Ortiz slipped on a concrete step on the top of the staircase leading to the Number 6 train at the 28th Street subway station at Lexington Avenue in Manhattan. Ms. Ortiz, a nurse’s aide then 59 years old, fell down the entire staircase and landed at the bottom. A police… Continue Reading
Pain and Suffering Award Affirmed in Slip and Fall Case Despite Plaintiff’s Active Lifestyle
Posted in Back Injuries, Neck InjuriesOn September 2, 2009, Yvan Lemoine slipped and fell down an interior stairwell at the premises of Planet Fitness in Astoria. Yvan, then 28 years old, had been walking from the second to the first floor when wet, just-mopped stairs caused him to slip and fall down 14 stairs. He had intense pain in his… Continue Reading
Appeals Court Affirms $2,000,000 Pain and Suffering Verdict for Neck Injury
Posted in Neck InjuriesOn January 13, 2006 at about 1 p.m., Mohammed Kayes, then 44 years old, was walking with his three year old daughter on the sidewalk adjacent to Queens Boulevard near 34th Street in Long Island City. Suddenly, a transit authority truck backed up and pushed over a 40 pound stop sign and pole that then… Continue Reading
Another Significant Verdict Affirmed for Non-Surgical Spinal Injuries
Posted in Back Injuries, Neck InjuriesOn November 23, 2003, at about 8 p.m., Alicia Rutledge was boarding a city bus at the corner of 125th Street and Seventh Avenue in Manhattan. She claimed that the bus driver closed the doors on her when she was on the first step. Her arms were pinned by the doors of the suddenly moving… Continue Reading
Verdict Affirmed for Non-Surgical Spinal Injuries
Posted in Back Injuries, Neck InjuriesOn June 15, 2006, at about 2:30 p.m., Cornelius James was walking on the sidewalk at West 66th Street between West End and Amsterdam Avenues in Manhattan. Two cars collided and one car mounted the sidewalk and struck the pedestrian. Mr. James, a 31 year old attendant at a blood bank, was thrown eight… Continue Reading
Back and Coccyx Injuries from Trip and Fall – Appeals Court Orders $1,600,000 Reduction of Pain and Suffering Verdict
Posted in Back Injuries, Psychological DamagesOn January 27, 2003, at about 9:45 a.m., Lucille Turuseta was walking into the rear entrance of an office building at 175 Main Street in White Plains where she worked as the office manager for a court reporting firm. As she opened the door, Ms. Turuseta’s right foot became caught in broken cement causing her… Continue Reading
Court Rejects Defense Claims that Back Injury Pain and Suffering Awards Excessive
Posted in Back InjuriesLuis Ramos was sitting in a parked car in the parking lane, on Claremont Parkway in the Bronx on September 24, 2001. He had been waiting for his son when he decided to exit the car. After opening the driver side door about six inches, his car was struck by a passing city bus. Ramos… Continue Reading
Neck and Back Injuries Result in $1,800,000 Pain and Suffering Award Approved by Appellate Court, Despite Lack of Surgery
Posted in Back Injuries, Neck InjuriesOn July 28, 2005, James Coleman was working as a subway track worker repairing tracks for the New York City Transit Authority (the TA). He was on a hydraulic lift platform that collapsed causing him to fall 25 feet to the ground below. Workers on a hydraulic lift: Coleman sued the TA for the serious… Continue Reading
Appeals Court Reinstates Jury’s $600,000 Pain and Suffering Verdict in Knee Injury Case
Posted in Back Injuries, Knee InjuriesOn September 11, 2005, Ydaiza DeCastro fell when her shoe got stuck in a hole in front of the elevator on the fourth floor of the apartment building where she lived at 1760 Andrews Avenue in the Bronx. She fell hard and injured her knee and her back. The building owner conceded liability for the… Continue Reading