On July 1, 1997, a 24 year old woman, pregnant at seven months with her first baby, went into precipitous labor at home. Lucia Ferreira and her husband had been excited about the birth of their first child (a girl) but tragedy was about to unfold – the baby was in a footling breech
Post-Traumatic Stress
Post-Traumatic Stress Disorder and Depression from Sexual Harassment – Verdict Reduced to $250,000 from $1,860,000
Janice Worthen-Caldwell worked for many years as a manager at a home health care agency which provides home health aides to ill or disabled patients in New York City. She was responsible for ensuring that more than 2,000 aides met required standards. In 2006, she sued her employer claiming that the owner had engaged in…
Post-Traumatic Stress Disorder Resulting from Excessive Force in Arrest of Teenager – $2,500,000 Pain and Suffering Verdict Reduced on Appeal to $1,250,000
On March 12, 1994, then 13 year old Luis Figueroa was in the back seat of his older brother’s jeep when they were pulled over by police officers in the Bronx. Responding to a radio call of a department store robbery in progress, the cops suspected this car had the perpetrators since there were…
Another Big Win for City of New York – $10,000,000 Judgment Tossed Out on Appeal; State’s Highest Court Will Now Rule on Case involving Claims of Inadequate Police Protection
With about 40,000 officers, the New York City Police Department is the largest police force in the United States. Serving more than 8 million people, its mission is to enforce the laws, preserve the peace, reduce fear and provide for a safe environment. Day in and day out, the officers put their lives on the…
Substantial Awards for Brief Periods of Pre-Death Pain and Suffering in Two New Appeals Court Decisions
A significant element of damages in New York wrongful death personal injury lawsuits is pre-death pain and suffering. This can be very difficult to prove (as opposed to other elements such as the decedent’s future lost earnings).
Here’s Pattern Jury Instruction 2:320 which is what New York judges tell juries about pain and suffering in…
$3,000,000 Pain and Suffering Verdict Sustained on Appeal for Ten Year Old New York Girl Injured in Horrifying Subway Accident
November 4, 2001 began as a great day for ten year old Leonari Jones. She was an active, playful, happy kid who had a sleepover party and was on the subway returning home to the Bronx with her friends and babysitter. When the train pulled in to her stop at 174th Street, though,
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Doctor’s Sexual Harassment of Nurse Results in $15,000,000 Jury Verdict But Trial Judge Allows Only $750,000 for Past Pain and Suffering
Sexual harassment in the workplace – in some cases it’s quite real and devastating to the victim; in others it’s a baseless claim. It is clear, though, that sexual harassment is a form of impermissible discrimination outlawed under several statutes (e.g., 42 U.S.C. Section 2000e, known as Title VII of the 1964 Civil Rights Act
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Woman’s Leg Amputated after Bus Accident; $27,500,000 Verdict Will Not Stand
It’s a huge verdict for someone who lost a leg in an accident – $27,500,000 – but it will never be paid. It will either be reduced on appeal or settled before then.
Here’s the story. Plaintiff Gloria Aguilar, then 45 years old, was walking in midtown Manhattan on November 4, 2005 when she…
Recent Burn Injury Pain and Suffering Verdicts Upheld between $300,000 and $3,600,000
Burn injuries are without doubt among the most painful injuries a person can experience. They come from a wide variety of accidents such as fires in the home or a car, electrical shocks on the job and even operating room lights during surgery. Recent court decisions in New York have upheld verdicts for pain…