On August 1, 2012, Besnik Malecaj was working for an excavation company renovating a townhouse at 45 West 70th Street in Manhattan to convert it from a multi-unit cooperative to a single family residence with an indoor swimming pool. Mr. Malecaj, then 40 years old, injured his neck, back, head and a shoulder when he
New Trial on Damages Ordered; Large Verdict Set Aside in Pedestrian Knockdown Lawsuit
On December 13, 2014, Linda Miller was crossing the street on Broadway at its intersection with West 161st Street in Manhattan when she was struck by a van.
A jury found the van driver fully at fault and then awarded plaintiff damages in the total sum of $4,030,000 broken down as follows:
- $3,000,000 for
Record Setting Traumatic Brain Injury Pain and Suffering Damages Award
On June 26, 2013, Mark Perez struck his head and sustained traumatic brain and other injuries in a 10-foot fall onto the concrete below from the top of a vendor booth under construction at Jones Beach Theatre in Wantagh. A worker assisting the then 30 year old Mr. Perez caused the accident when he bumped
Appellate Court Orders Increase in Pain and Suffering Damages in Car Crash Case
On January 30, 2013, Arnaldo Rojas was driving his car on Union Avenue in Harrison when another car crossed the double yellow line causing a crash.
In his ensuing lawsuit, Mr. Rojas, then 62 years old, claimed neck and brain injuries. He was granted summary judgment as to liability and the matter then proceeded to
Court Addresses Claim of Inconsistent Damages Verdict
On June 19, 2013, German Paucay, then 24 years old, was employed as a stucco installer at the site of the construction of a new building at 601 East 163rd Street in the Bronx when he fell from a scaffold seven feet to the ground below sustaining injuries.
The Site of
Damages Award for Mental Anguish Affirmed in Defamation Case
In May 2008, after receiving a tip that a 44 year old woman had attempted to engage a child in sexual activity, New York State Police troopers executed a search warrant for evidence related to child pornography at the Albany home the woman shared with her 24 year old son Robert Partridge. During the execution
Verdict for Plaintiff Affirmed in Case of Unwitnessed Fall Leading to Death Four Months Later
On September 3, 2013, at about 11 p.m., William Tyrell fell down an exterior concrete 16 step staircase at 243 Vrooman Avenue, a two story, two apartment rental building in Amsterdam, New York. Mr. Tyrell, then 77 years old, had been visiting the upstairs tenant. He was found at the bottom of the staircase, unconscious.
Traumatic Brain Injury Jury Awards Reinstated on Appeal after Substantial Increase by Trial Judge
On November 7, 2013, Paige Mecca, a 43 year old owner of a small solar energy company, was struck in the head and neck by a large 40 pound tray of dishes and food dropped by a waitress who lost her balance at a luncheon at the Buffalo Niagara Convention Center.
Brain Damage Pain and Suffering Award Slashed in Case of Patient who Fell at Assisted Living Facility
On July 8, 2006 Frances Feinstein, a 75 year old patient at Norwegian Christian Home & Health Center (“Norwegian” – an assisted living facility in Brooklyn), was found on the floor with a knot on her forehead, evidently the result of a fall. The head trauma caused a brain injury requiring transfer to a
Substantial Jury Awards for Driver and Passenger Reduced in Intersection Crash Case
On August 19, 2008, Dorothy Dunnigan was driving through an intersection on White Plains Road in the Bronx when her vehicle was struck by a transit authority bus. Both the 79 year old Ms. Dunnigan and her 41 year old passenger Dorothy Lemon sustained serious injuries.
In their ensuing lawsuits, a Bronx County jury