On June 14, 2021, Joan Archer was walking across a street in a crosswalk in the Village of Valatie when she was struck by a left turning sport utility vehicle. Mrs. Archer, then 77 years old, sustained mortal injuries and died in surgery about two hours later. Her widow, Joseph Archer, sued the vehicle driver
Appellate Court Vacates Emotional Distress Verdict in Medical Malpractice Death Case
On January 4. 2008, Antonio Molina III was admitted to Westchester Medical Center after being diagnosed with pleural fluid in his lungs. Two days later, Mr. Molina, then 35 years old, suffered a heart attack while in the hospital’s care.
Tests later that day found that a heart vessel was completely obstructed. The
Appellate Court Reduces Mesothelioma Pre-Death Pain and Suffering Award
On February 16, 2016, Munir Seen, then 66 years old, was diagnosed with mesothelioma. He’d been exposed to to asbestos working as a drywall installer in the metropolitan area on a regular basis for about 20 years since 1965,
In 2018, Mr. Seen sued 26 different companies claiming their products caused his mesothelioma. After
Appellate Court Upholds Pain and Suffering Arbitration Award in Fatal Motor Vehicle Crash Case
On March 28, 2017, Otmar Boser was driving his car on the Bronx River Parkway in Yonkers. While making a left turn onto Leewood Avenue, his vehicle was struck in the rear passenger side by a loaner vehicle owned by Scarsdale Shell Service Center and operated by one of its customers.
Mr. Boser, a 79
Pre-Death Pain and Suffering Award Affirmed in Medical Malpractice Wrongful Death Case
On September 2, 2012, Joseph Stewart was admitted to New York Hospital Queens complaining of persistent headaches. Blood tests revealed abnormally high leukocytes indicating an infection. Ten days later he was transferred to a rehabilitation facility but had to be returned to the hospital after his leukocyte level kept climbing and he was exhibiting
Jury’s Pre-Death Pain and Suffering Award Affirmed in Vehicle Crash Case
On June 6, 2016, at about 7:30 a.m., Barry Schneider was operating a motorized scooter at the intersection of two roads in Great Neck when he was struck by a turning car that failed to yield the right of way. Mr. Schneider, a 69 year-old accountant, was seriously injured and died four days later on
Appellate Court Affirms Pre-Death Conscious Pain and Suffering Award against Nursing Home for Failure to Clear Airway after Cardiac Arrest
On April 2, 2014, Nathan Wasserberg was admitted to Menorah Center for Rehabilitation & Nursing Care in Brooklyn after a two month hospital stay due to diabetes that led to a toe amputation, sepsis and other conditions. He was unable to walk or use his arms, mumbled to communicate and could not consume any food
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
Appellate Court Rules Evidence Sufficient to Support Pre-Death Conscious Pain and Suffering Verdict in Vehicle Crash Case
On September 13, 2012, Juan Velez was riding his motorcycle on West 125th Street in Manhattan when he was struck by a cab owned by Bolla Taxi, Inc. and driven by Kandarpo Roy. Tragically, Mr. Velez, then 62 years old, was killed as a result of the crash.
In the ensuing lawsuit by the decedent’s
Substantial Pre-Death Pain and Suffering Damages Awarded in Home Fire Case
On March 21, 2009, 43-year-old Gloria Bonila died as a result of injuries sustained in a fire at the Riverview IRA, a state-run home for mentally disabled individuals in Wells, New York.
A claim against the state was filed on behalf of Ms. Bonila