On August 1, 2012, Besnik Malecaj was working for an excavation company renovating a townhouse at 45 West 70th Street in Manhattan to convert it from a multi-unit cooperative to a single family residence with an indoor swimming pool. Mr. Malecaj, then 40 years old, injured his neck, back, head and a shoulder when he
Significant Award in Trip and Fall Case with Injuries to Knees and Spine but No Surgery
On June 1, 2012, Deborah Ormond was injured when she tripped over a raised and uneven piece of sidewalk next to a metal subway grate in front of 390 Lafayette Avenue in Brooklyn.
Ms. Ormond successfully sued the city transit authority claiming that defendant was negligent in the maintenance of the sidewalk. The jury awarded
Minimal Award for Motorcyclist’s Pain and Suffering Increased
On August 26, 2016, Vincent Madia was injured in a collision between his motorcycle and a taxi at the intersection of Fish and Waring Avenues in the Bronx.
In the ensuing trial, the jury awarded pain and suffering damages in the sum of $5,000 (past only – three years). In her post-trial decision on plaintiff’s
New Trial on Damages Ordered in Case of Bicyclist Struck by Bus
On June 25, 2013, Jeffrey Scott was riding his motorized bicycle in the bike lane on Walton Avenue in the Bronx when he collided with a right turning school bus.
Mr. Scott, then a 42 year old private equity manager, sued the bus driver and owner claiming the driver was fully at fault and
Huge Pain and Suffering Award Slashed in Car Crash Case
On February 23, 2017, Diego Nieva-Silvera was stopped in his car on the Long Island Expressway in Queens when it was struck in the rear by another vehicle.
Claiming substantial injuries, Mr. Nieva-Silvera, then 42 years old, sued the driver and owner of the other vehicle. After a judge granted plaintiff’s motion for summary judgment
Significant Pain and Suffering Award in Non-Surgical Herniated Discs Case
On October 5, 2013, Christine O’Connell was sitting in her car stopped at a red light in Hamburg (a Buffalo suburb) when another driver drove through the light causing a crash. Christine, then a 24 year old student, declined medical treatment at the scene but called her doctor that night complaining of low back
Defendant’s Challenges to Large Pain and Suffering Damages Award Upheld on Appeal in Motor Vehicle Accident Case
On January 6, 2015, Kenia Cabrera had just finished work at a Dunkin Donuts shop located at LaGuardia Airport and had returned to the employee parking lot to retrieve her car and go home. As she was exiting the lot, a Mack truck spreading salt to keep the lot free of ice struck her car
Appellate Court Affirms Denial of Motion to Set Aside Plaintiff’s Verdict in Construction Worker’s Spinal Injury Case
On April 3, 2007, Cleofoster Baptiste was working as a carpenter at a construction site at 1330 First Avenue in Manhattan when a plank of wood fell from the floor above and struck the back of his neck.
In his ensuing lawsuit against the site’s owner and general contractor, the jury (a) determined that the
Future Pain and Suffering Award Increased in Rear-End Car Crash Case
On November 16, 2015, Roseann Maurer was stopped in her car waiting to tun left into a driveway on Big Tree Road in Wales (about 25 miles southeast of Buffalo) when another car struck hers in the rear end. Ms. Maurer sustained knee, neck and low back injuries.
After summary judgment as to liability
Pain and Suffering Award Affirmed for Hand and Neck Injuries
On October 1, 2012, Arianna Garcia was driving her car through an intersection in Middletown when she was struck by a car whose driver who failed to stop at a stop sign. Garcia, then 31 years old, was granted summary judgment as to liability and the matter proceeded to a trial on damages only.