Hamidan Mahamad died from ovarian cancer on July 28, 2015. Thereafter, her gynecologist and his practice were sued by her executrix who claimed that the doctor diminished Ms. Mahamad’s chance for a better outcome by failing, following an annual physical and ultrasound in April 2010, to order a certain blood test and refer her to
Loss of Parental Guidance
Appellate Court Affirms Liability Verdict and Modifies Damages Awarded by Jury in Truck-Pedestrian Fatality Case
By John Hochfelder on
Posted in Wrongful Death
On May 10, 2007, Ivan Hernandez Morales, then 21 years old, was killed in a work-related accident when a private garbage truck lurched backward and he was pinned and crushed against a dumpster in a driveway off 37th Street in Astoria. Mr. Morales was employed as a helper on the truck owned by his employer…
Jury Verdict Declining to Award Damages Affirmed in Fatal Pedestrian Knockdown Case
By John Hochfelder on
Posted in Wrongful Death
On January 29, 2013, at about 7:30 p.m., Juan Estevez was attempting to cross Sunrise Highway at its intersection with Henry Street in Freeport when he was struck by a left turning vehicle. Mr. Estevez, 64 years old, sustained massive injuries in and about his head, ribs and sternum. He was pronounced dead at …
Appeals Court Upholds Verdict in Unwitnessed Fatal Pedestrian Knockdown Accident
By John Hochfelder on
Posted in Wrongful Death
On October 29, 2006, a woman was found dead on the road four feet from the curb of a bus stop on the Henry Hudson Parkway service road at West 236th Street in the Bronx. There were tire marks across her back and she’d sustained crush induced fractures of her arms, face, pelvis, shoulder and…
Appellate Court Addresses Damages in Fatal Car Crash Case
By John Hochfelder on
Posted in Wrongful Death
On January 24, 2004, Col. (retired) William Gardner sustained fatal injuries when the vehicle he was driving struck and vaulted over an interstate highway’s snow-covered barrier in Syracuse and fell to the street below. We discussed the ensuing lawsuit in previous articles, here and here. In Gardner v. State of New York (4th…
Appellate Court Addresses Pre-Impact Terror, Conscious Pain and Suffering and Pecuniary Damages in Pedestrian Knockdown Wrongful Death Case
By John Hochfelder on
Posted in Wrongful Death
On December 2, 2009 at about 7 p.m., a woman was walking across the street at the intersection of Avenue U and East 71st Street in Brooklyn. A city bus driver had stopped for a red light before turning right onto Avenue U when his bus struck and killed the pedestrian, 65 year old…
Pre-Death Pain and Suffering Damages Reduced in Medical Malpractice Case
By John Hochfelder on
Posted in Medical Malpractice, Wrongful Death
In 2002, Ciciline Reid was a 49 year old grandmother who worked seven days a week as a home health aide. On July 28th, she presented to the Montefiore Medical Center emergency room complaining of swelling on the side of her neck and pain on swallowing that was diagnosed as a sore throat and…
Loss of Parental Guidance Awards Reduced on Appeal of Major Wrongful Death Case
By John Hochfelder on
Posted in Wrongful Death
We discussed the nearly $15,000,000 damages award in the fatal motor vehicle crash case of 28 year old Jason M. Rhoades in an article published on December 3, 2013, here. As we predicted, the defendant appealed arguing that the loss of parental guidance awards were excessive and that the loss of inheritance awards were…
Substantial Awards in Medical Malpractice Case for Pre-Death Pain and Suffering and Costs of Care of Decedent’s Disabled Adult Child
By John Hochfelder on
Posted in Medical Malpractice, Wrongful Death
On Wednesday June 18, 2008, Nam Yoon Lee woke up with stabbing pain on the right side of his stomach. He went with his wife to the emergency room at a hospital in Queens where morphine was administered, tests led to a diagnosis of gallbladder disease and a plan was made to surgically remove his…
State of New York Liable for Damages in Two Cases involving Roadway Fatalities
By John Hochfelder on
Posted in Wrongful Death
On January 23, 2004, Jason Rhoades sustained fatal injuries when the vehicle he was driving slid across the roadway over a bridge on Interstate 81 in Syracuse, struck a snowbank packed against the concrete barrier guard at the edge of the bridge, and his car vaulted off the bridge to the road below.
Thirty-six …