On February 24, 2015, Sheila Samlal slipped and fell on ice covering the parking area behind the multi-family house at 290 Graff Avenue in the Bronx where she and her husband were renting the top two floors. Ms. Samlal sustained serious ankle injuries and sued claiming that her landlord was responsible.
Loss of Consortium
Medical Malpractice Pain and Suffering Verdict Reduced on Appeal
On a summer day in 2004, Robert Wyble was pushing a lawnmower when his legs suddenly “gave out” and he fell to the ground. It happened again about a month later and then frequently in 2005.
Mr. Wyble, then a 42 year old self-employed landscaper, consulted a neurologist who diagnosed his condition as myasthenia …
Jury’s Pain and Suffering Award in Scar Case Substantially Reduced
On November 6, 2002 Miguel Erosa rushed to his local hospital in Queens complaining of unbearable pain in his stomach. It turns out he was suffering from appendicitis and he was admitted to the hospital where an emergency laparoscopic appendectomy was performed the next morning.
Mr. Erosa was discharged from the hospital three days later,…
Verdict Affirmed in Delayed Diagnosis Medical Malpractice Death Case
Bennett Rose underwent three colonoscopies – on January 3, 2003, December 14, 2006 and October 11 2007, each indicating the presence of polyps (which were removed), none indicating any malignancy or cancer. About two months after the third test, though, Mr. Rose, then 72 years old, started feeling unusually weak and tired. He was diagnosed…
Spinal Cord Injury Leads to $3,500,000 Pain and Suffering Award by Appellate Court
Ray Hammond was 42 years old on February 4, 2004 when he was walking his six year old daughter home from school at about 2:45 p.m. As they crossed a street in in Queens, he was holding her hand when he was struck by a left turning car.
Mr. Hammond was thrown in the …
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.
$562,000 Appeals Court Award for Pain and Suffering from Thoracic Nerve Injury Causing Scapular Winging and Disabled Arm
He was a tough 47 year old steel cutter employed for many years at the Goodyear-Dunlop plant in Tonawanda, New York (the Buffalo-Niagara Falls metropolitan area) when in 2004 he noticed his right arm was swelling. After visits to a local ER and his primary care doctor, Richard Winiarski ended up seeing a vascular surgeon…
Trial Judge Upholds New York Jury’s $3,200,000 Pain and Suffering Verdict for 44 Year Old Electrician with Tibia-Fibula Fractures and RSD
Almost ten years ago, a month after the Great Neck, New York commercial office building at 1010 Northern Boulevard had been constructed and occupied, there was a problem with some of the emergency backup lighting fixtures. The tenant notified the building owner who in turn notified its general contractor. Then, the electrical subcontractor was notified…
Loss of Consortium Claim Follows Arrest of College Basketball Coach
On December 18, 2008, University of Mississippi’s basketball coach, Andy Kennedy, was arrested in Ohio for assault following an altercation with Mohammed Jiddou, a Cincinnati cab driver. The criminal trial is set for April 20, 2009.
But that’s not what’s prompting this post. What’s blogworthy here is the lawsuit the coach filed the day after…
Spouse Awarded $1,000,000 for Loss Of Consortium Claim
Loss of consortium is the term most often used by judges and lawyers to refer to the claims of physically uninjured spouses in personal injury cases brought by their physically injured mates. The claim arises when a physically injured person cannot as a result provide his or her spouse with the services, companionship, love, affection …