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Last month the appellate court affirmed a Manhattan Supreme Court Justice who dismissed a claim by a (then) 66 year old woman who underwent a permanent cosmetic eyebrow tattooing to her forehead. It was claimed that the tattoo was placed too far "above the plaintiff's natural brow line resulting in...
On June 6, 2019, the New York Court of Appeals restated a burden-shifting analysis, often misconstrued by lower courts, regarding the application of a missing witness charge. As a result, a Rochester man convicted of attempting to murder a woman will be allowed a new trial. The victim was walking...
In an Order dated March 27, 2019, an appellate court sustained the reduction of a Nassau County jury verdict of $9,435,000 to $4,772,614.
On April 3, 2019 a Brooklyn jury awarded $10,040,000 to a male pedestrian who tripped and fell on a broken patch of sidewalk measuring eight inches long by four inches wide and two inches deep. It was claimed this sidewalk defect was longstanding and in violation of NYC Administrative Code Sec. ...
On March 6, 2019, an appellate court covering appeals from Westchester County jury trials agreed to uphold an award of $500,000 in punitive damages and $450,000 in compensatory damages to a female patient of a psychotherapist. The jury agreed that not only did the psychotherapist forcibly rape hi...
Yesterday a West Virginia jury awarded almost $17 million to a 52 year old woman injured during the chase to capture a fleeing shoplifter at a local Walmart's. It was claimed that Walmart failed to follow industry best practices and its own internal policies regarding the detention of shoplifters...
Yesterday, Judge John F. Keenan of the United States District Court for the Southern District of New York dismissed a wrongful death claim brought against JP Morgan Chase alleging that it caused a Senior Managing Director, on sick leave for severe depression, to take his own life. The Director ha...
On February 21, 2019, the appellate court covering Bronx County refused to reduce the largest jury award ever in New York for an ankle fracture. The jury awarded $6.1 million to a woman in her early 30's for past and future pain and suffering and another $2,547,054 for future medical expenses. Th...
On January 29, 2019 a New York County Supreme Court Justice, in a ten page plus decision, dismissed a most unusual claim for personal injuries. Even assuming it is true as claimed, that a poster advertising the Showtime series show about a serial killer "Dexter" was so scary and startling that it...
On January 24, 2019, the appellate court covering Manhattan allowed a data mining company, retained by the defense in a personal injury case, to determine the date photos of plaintiff playing basketball were posted. Plaintiff was a semi-pro basketball player who claimed he could no longer play du...
On January 3, 2019, the appellate court covering civil trials in Manhattan, overruled a trial judge who declined to throw out a jury verdict awarding $530,000 to a woman who fractured her ankle because of a fall on a staircase. The defendant premises owner operated a restaurant with a staircase. ...
Earlier this week Nassau County Supreme Court Justice Denise Sher gave final approval to a $25,000,000 settlement that the Nassau County Legislature authorized to resolve the claims of a car accident victim. The plaintiff was 17 years old when while driving her car she was broadsided by another c...
A former New York Times columnist received a jury verdict of $85,000,000 on December 4, 2018 following a trial in Manhattan Supreme Court. The plaintiff was a pedestrian who testfied that while crossing the street in the West Village in July 2015 and while in the crosswalk, he was struck by a dou...
On November 16, 2018, a damages only trial resulted in a Brooklyn jury verdict of $11,030,000 to a 41 year old bicyclist deliveryman who was hit from behind by a car. A pre-trial motion resulted in a finding that the operator of the vehicle was 100% at fault, as a matter of law. The only issue tr...
On November 13, 2018, an appellate court covering Bronx County, upheld Justice Julia Rodriguez' decision to slash $1,141,000 from a jury verdict awarded to a passenger injured in a car accident. The plaintiff was 29 years old and underwent an arthroscopic procedure to repair labral tears in her l...
On November 7, 2018, Supreme Court Justice Gerald Lebovits in Manhattan held that Starbuck's was liable, as a matter of law, for all damages suffered by a pedestrian who slipped and fell on an icy sidewalk in front of their store. It was undisputed that Starbuck's store manager observed vomit on ...
Last month, a Queens County jury awarded $930,000 to a back seat passenger in a taxi cab when another vehicle made a left turn simultaneously with the taxi at the same intersection causing a collision. The plaintiff sued the taxi and the other vehicle which was found to be 100% at fault. The plai...
On November 5, 2018, a 57 year old female who suffered a knee injury requiring five surgeries as a result of a slip and fall on an icy sidewalk settled her case in the middle of a jury trial in Brooklyn.for $900,000. The plaintiff was walking on the sidewalk late at night in Queens when she slipp...
On September 20, 2018 a jury awarded $9,100,000 to a severely brain damaged bicyclist and found that the City of Los Angeles and State of California were responsible for failing to maintain a highway where the accident occurred. Since 1958 debris from a landslide has encroached onto PCH in Pacif...
In an Order dated August 13, 2018, a New York County Supreme Court Justice granted the pre-trial motion of a building owner to dismiss the case of a severely injured pasta chef who fell down a flight of stairs to the basement of the Pazzia restaurant in Manhattan. The Court recognized that the f...
On August 6, 2018 a Nassau County jury awarded $800,000 to the victim of a head on collision in a two car accident. The defendant's responsibility was determined by a pre-trial motion that found him negligent for crossing over to the oncoming lane and striking the plaintiff's vehicle.
Jury award for foot fractures and multiple surgeries increased by Manhattan Trial Judge from $252,000 to $802,000
On June 26, 2018, a Manhattan Judge ruled as a matter of law that a driver of a parked car "who opened her door on the moving side of traffic and struck plaintiff" is liable for violating NYS Vehicle and Traffic Law Section 1214. Those facts raise a rebuttable presumption of negligence. As per st...
On June 28, 2018, a Trial Judge in Erie County refused to set aside a jury verdict awarding a trip and fall victim $350,000 for past pain and suffering but nothing for the future even though she sustained a permanent painful injury. The plaintiff fractured her arm and the ball of her hip requirin...
On June 26, 2018, Justice Barbara Jaffe of the New York County, Supreme Court refused to dismiss the claim of a then 60 year old female patient who sued her male cardiologist for performing a rectal exam despite her protestation.
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