On July 13, 2011, Bohdan Vitenko was swimming laps at the city owned and operated Lyons swimming pool in Staten Island. He and his friends were training by swimming underwater as much of the length of the Olympic-sized pool as they could without breathing, immediately followed by attempting to remain underwater as long as
Pre-Death Pain and Suffering Award Affirmed in Medical Malpractice Case
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
Economic Damages Addressed on Appeal in Wrongful Death Case
On December 14, 2011, Suzanne Hart was entering the elevator in the lobby of the building where she worked, at 285 Madison Avenue in Manhattan, when the elevator malfunctioned and suddenly shot upward while its doors were still open. The moving elevator struck her at about knee level causing her to fall into the
Substantial Awards in Medical Malpractice Case for Pre-Death Pain and Suffering and Costs of Care of Decedent’s Disabled Adult Child
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
Pain and Suffering Claim in Suicide Case Survives Appeal
In 2005, Erin Stolarski lived in a Port Chester apartment with her boyfriend Donald DeSimone, a police officer. In October, though, Donald told Erin that he wanted to break up and he asked her to leave the apartment. Despondent over the breakup, Erin (23 years old) attempted suicide on October 15, 2005 by ingesting Oxycodone
Mother’s Death Results in Loss of Guidance and Support Awards to Adult Sons Affirmed on Appeal
On November 8, 2006, Ellen Mary McHugh was in the crosswalk on East Gun Hill Road at Bainbridge Avenue in the Bronx, when she was struck and killed by a left turning city bus.
This roadway has been called the most dangerous in the Bronx:
Mrs. McHugh, a 66 year old widow, was survived
Wrongful Death Damages in the Sum of $520,000 and Bus Driver’s Negligence Affirmed but New Trial Ordered to Determine whether Verdict should be Reduced for Comparative Fault of 15 year old Decedent Riding his Bicycle too closely to Bus
It was a beautiful summer day on July 20, 2001, still light out around 7 p.m., when 15 year old Geremy McConnell was riding his bicycle on Hyland Boulevard, just north of Donley Avenue, in Staten Island. He was headed towards his cousin’s house but was killed instantly when the right rear wheel of a