At 2 a.m. on January 20, 2013, Martin Eaton went to Kellogg’s Diner in Brooklyn. When the bill for his meal arrived, Mr. Eaton proffered his credit card but was advised that payment was required by cash. He was directed to an ATM in the foyer of the diner. Finding the three dollar ATM
Prisoner’s Pain and Suffering Damages Award Affirmed in Battery Case against Corrections Officer’s
In 2013, Mario Mujica, then 29 years old, was erroneously released prematurely from prison after serving all but a week of a negotiated plea agreement to serve six months for a drug offense. On October 28, 2013, he voluntarily surrendered himself and was taken to the Nassau County Correctional Facility.
After he’d been processed on
Damages Assessed on Appeal in Horrific Motor Vehicle Accident
On February 13, 2008, Charles and Julie Simon were wallpaper hangers scheduled to start work at a newly constructed office building at 1991 Marcus Avenue in New Hyde Park. That morning, Mrs. Simon drove to the site in their GMC Suburban with Mr. Simon a passenger in the front seat. Unable to access the property’s
Damages Awards Affirmed in Civil Rape Case
In August 2011, Noelle Feldman began treatment with William Knack, a clinical psychologist in Chappaqua. Ms. Feldman, then 53 years old, had endured lifelong experiences with sexual abusiveness. On January 10, 2013, Feldman claimed that she was raped and assaulted during a psychotherapy and counseling session.
Knack denied the allegations but a Westchester County
Verdict for Teenage Student Affirmed in School Parking Lot Gate Accident Case
On April 22, 2009, Evan Martin, a 13 year old eighth grade student, was injured at school in Port Jefferson after a teacher assigned him and another student the task of closing a sliding gate to the school parking lot. The gate was a large chain-link structure measuring about 16 feet wide and six feet
Courts Address Emotional Distress and Psychological Injury Damages
In June 2011, high school student Bridgette Belton landed a job as a food server at Popeye’s Chicken Restaurant at 145th Street and Frederick Douglass Boulevard in Harlem.
Each day Bridgette would walk from school to the restaurant where she’d change out of her school uniform into a work uniform. A disgusting pattern of sexual
Appellate Court Addresses Damage Awards in Case of Excessive Force by Police Officers
On May 30, 2008, at about 8:30 p.m., then 49 year old William Cardoza was drinking beer outside in front of the Bronx building where he lived. New York City Police Department (“NYPD”) officers assigned to address quality of life issues, such as public drinking, observed Mr. Cardoza with an open container. In the next
Modest Award Affirmed for Woman Claiming Significant Traumatic Brain Injury
On December 9, 2008 Karen Lariviere was crossing a street in Brooklyn when she was struck on the side of her head by the side view mirror of a city bus making a turn.
In her ensuing lawsuit against the transit authority, Ms. Lariviere was granted summary judgment on liability and in 2011 the
Record Pain and Suffering Verdict for Worker’s Burn Injuries Upheld on Appeal
Christopher Peat was working as a floor refinisher on July 1, 2003 in an apartment at Fordham Hill, a nine building cooperative apartment complex in the Bronx.
Mr. Peat, then 37 years old, was applying sealer to the floor of a vacant apartment when he heard
Court Affirms Increase in Pain and Suffering Verdict for Leg and Wrist Injuries
On August 2, 2007, Anthony Deandino, then a 25 year old ironworker, was a passenger on a motorcycle being driven by his friend Robert Munsen at the intersection of Colonial Road and 78th Street in Brooklyn.
Proceeding through the intersection, they were struck by a city bus that failed to stop at a stop sign