On August 11, 2014, Mirson Pimenta, then a 42 year old construction worker, was injured on the job creating a foundation for a new building at 1504 Coney Island Avenue in Brooklyn. He was bending over to pick up some materials from the floor when a 15 foot aluminum ladder fell over and hit him
Laminectomy
Roadway Worker’s Back Injury Pain and Suffering Award Reduced on Appeal
On May 11, 2012, Martin Gjeka was working as a flagman directing traffic around an unguarded trench in the roadway at East 116th Street in Manhattan, which was being excavated by the adjacent building owner to allow new sewer lines to be installed, when a truck struck his lower back, causing him to fall into…
Appellate Court Slashes Large Pain and Suffering Award in Traumatic Spinal Injury Case
On November 19, 2009, Calvin Tarpley was driving his car and was pulled over to the curb by a police officer on 188th Street near Hillside Avenue in Queens. After he was given a traffic ticket, his stationary vehicle was struck at the front driver’s side by a city bus. Mr. Tarpley, a 43…
Erroneous Preclusion of Evidence Requires Retrial of Damages Verdict in Spinal Injury Case
On November 23, 2011 Melissa Shillingford was stopped for a red light on Beach Avenue at the Cross Bronx Expressway intersection. As the light turned green, her 1997 Honda Accord vehicle was struck in the rear by a city bus.
Ms. Shillingford, then a 23…
Spinal Injury Award Affirmed on Appeal
Construction Worker’s Back Injury Pain and Suffering Award Affirmed on Appeal
On December 4, 2007, Greg Leszczynski was employed as part of a construction crew digging trenches and installing sewer lines in Grahamsville, New York. He was standing in a trench about nine feet deep where pipe was being laid when a frozen lump of stone, about 18 inches in diameter weighing about 60 pounds, came …
Court Affirms Pain and Suffering Award Despite Pre-Existing Injury
Back Surgery Damages Verdict Remanded for New Trial – Defense Doctor Must be Allowed to Testify about Plaintiff’s Pre-Existing Condition
On March 31, 2005, Angelo Melo had been looking for the superintendent to ask about renting an apartment at the 40 unit building at 561 West 180th Street in the Bronx.
He took the elevator to the basement, stepped out onto a single-step platform and then fell to the ground when he stepped off…
$2,000,000 Affirmed for Construction Worker’s Back Pain and Economic Damages from Roof Fall; Immigration Act Defense Fails
Back in 1999, when Aleksander Janda was hired by ABC Construction Corp. as an asbestos removal worker, he was a Polish immigrant in the U.S. on an expired tourist visa.
Under federal law, the Immigration Reform and Control Act of 1986 ("IRCA"), it’s illegal to hire someone who’s not legally authorized to work in the U.S.…
Appellate Court Reverses Jury’s $465,000 Pain and Suffering Veridct and Dismisses Complaint – No Evidence of Recent Medical Examination in Neck, Back and Shoulder Injury Car Accident Case
The defendants admitted that they caused the car accident on August 9, 2005 when Fred Nesci’s car was totaled after it was rear ended by their SUV.
Rear end collision damage:
Fred and his passenger (his wife Valerie) claimed serious injuries but the defense insisted on a damages trial arguing that the injuries were not…