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Last month, a Kings County jury awarded $1,250,000 for past pain and suffering and $3,680,000 for future pain and suffering (over 46 years) to a 26 year old foreign exchange student who was struck by a bus while crossing a street in downtown Brooklyn in 2019. This jury found that the driver of th...
On December 20, 2023, a Kings County jury found in favor of an Equinox Fitness facility and its trainer who were sued by a patron who fractured his wrist when he fell during an exercise class. Surgery was necessary to stabilize the fractures with an open reduction and internal fixation. The plain...
On February 2, 2024, a New York intermediate appellate court upheld an Erie County jury verdict of approximately $2,300,000 to a female construction worker who was struck by an unsecured "32-foot-long extension ladder that had been leaning against a wall fell, hitting her on the head and left sho...
On January 31, 2024, the Appellate Division, Second Department threw out a defense verdict following a bifurcated jury trial of a motor vehicle accident. The plaintiff/pedestrian claimed that while crossing Brighton Beach Avenue at its intersection with Ocean Parkway (in Brooklyn) within the cros...
In a lengthy decision dated December 24, 2023, Kings County Supreme Court Justice Aaron D. Maslow denied the defendant's motion to pre-seat a wheelchair bound plaintiff (pushed by an aide) in the witness box. The defendant-motorist, while making a right turn, was claimed to have carelessly struck...
On January 9, 2024, a New York State appellate court unanimously affirmed that Bronx Supreme Court Justice Leticia Ramirez properly cut over $5M from a jury verdict of $6,765,762 to $1,277,762. The case involved a 39 year old construction worker who fell from a defective ladder that wobbled due t...
On December 27, 2023, an appellate court modified a Suffolk County jury verdict which found in favor of a female passenger in a car struck from the rear by a Suffolk County bus. The plaintiff, who was approximately 70 years old at the time of the accident in 2012, sustained a loss of range of motion in her cervical spine for which she re...
On December 27, 2023, the Appellate Division, Second Department overruled a Staten Island trial judge who reduced a jury verdict of $6,000,000 to $500,000. The appeals court held that a $6,000,000 award for three years of past pain and suffering was excessive but that $500,000 was inadequate and ...
On December 14, 2023, the Appellate Division, First Department rejected an appeal by the New York City Transit Authority (NYCTA) which sought to set aside a plaintiff's jury verdict awarding $500,000 for past pain and suffering, $1,050,000 for future pain and suffering and $125,000 in future medi...
On July 12, 2023, the Appellate Division rendered a decision in what it described as a case of first impression: whether the Arons rule would allow defense counsel to conduct an informal ex parte (private) interview of a physician assistant who treated the plaintiff about the cause of an accident...
On June 28, 2023, the Appellate Division, Second Department joined the First Department in holding that a plaintiff requiring surgery for the injuries suffered in an accident is not required to delay surgery and prolong his/her suffering just so that the defendant who is being sued for those inju...
On June 29, 2023, the New York Law Journal reported that an attorney in Georgia had won a $1,500,000 verdict three months ago for his client who was injured in a car accident. That verdict was tossed out based on the defense attorney's post trial motion for a new trial. The trial court found that...
On May 23, 2023 the NY Court of Appeals addressed two cases involving the New York City Housing Authority (NYCHA) and negligence claims are discussed. In both cases, tenants were attacked by intruders who entered their buildings through exterior doors that were assumed to have non-functioning loc...
On January 23, 2023 a Bronx jury agreed that Western Beef Supermarket failed to promptly clean up a clear liquid that was spilled in an aisle causing a 45 year old female shopper to fall onto her back. The supermarket argued that their employees routinely inspect for and promptly clean up any spi...
On April 27, 2023, the New York Court of Appeals retained a form of the primary assumption of risk doctrine despite the enactment of the comparative fault regime of CPLR Article 14 in 1975. The doctrine applies only in a narrow set of circumstances, such as in athletic and recreational activities...
On November 7, 2022, following an 8 day trial, a Brooklyn jury found that the New York City Transit Authority (NYCTA) was negligent for allowing a dangerous snow and ice condition to exist for approximately two days on an exterior staircase to an elevated subway track in the Bronx. The jury award...
On December 20, 2022, a Court Officer employed in Nassau County with the title of Sergeant was awarded $20,156,772, including $15M for pain and suffering. He was seriously and permanently injured when a courthouse door slammed closed on him and knocked him down due to a defective door arm mechani...
On December 7, 2022, an appeals court overturned a $1,140,000 jury verdict in favor of a car driver struck by a left turning MTA bus at an intersection in Queens. The court found that the liability verdict was so contrary to the weight of the evidence that no reasonable jury could have reached th...
On October 13, 2022, the Appellate Division, First Department upheld a Manhattan jury verdict of $1,315,000 awarded to a NYC Taxi and Limousine Commission employee against the NYC Transit Authority for injuries suffered when he was struck by an articulated bus. The plaintiff's injuries includ...
On August 17, 2022, the Appellate Division, Second Department upheld the ruling of Suffolk County Supreme Court Justice Sanford N. Berland, who in 2019 lambasted a gynecologist for attempting to enforce an agreement his medical group demanded be signed by all their patients restricting their righ...
On October 5, 2022, an appellate court upheld the finding of a jury verdict against the Town of Hempstead for the wrongful death of a 69 year old Great Neck man who was killed while riding a motorized scooter due to the faulty roadway design. The decedent was riding thru the intersection of Shor...
On April 13, 2022, the Second Department reversed Justice Thomas Feinman who presided over a damages trial of a 42 year old delivery driver who was rear-ended by a Nassau County police car in Hempstead, New York. Liability was established as a matter of law by pre-trial motion. Justice Feinman ha...
After a one day trial on March 30, 2022, a New York, Erie County jury awarded a John Doe $25,000,000 who had filed suit against a 62 year old man who was his Boy Scout leader. The defendant, Robert Eberhardt did not show up for the trial and was not represented by counsel. It was claimed that the...
On March 22, 2022, I secured a verdict of $5,100,000 from a Nassau County jury, for a 47 year old roofing mechanic who suffered a pilon fracture of his ankle joint in an 8-10 foot fall from a ladder while repairing the roof of a commercial establishment. Liability against the owner and lessor of ...
On January 12, 2022, an appellate court modified a Brooklyn jury's verdict for pain and suffering of $3,000,000 ($2M past years and $1M future 10 years) and reduced it to $2,000,000. The plaintiff was a 70 year old male roofer employed by a contractor to provide roofing services to the defendan...
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