Brooklyn Jury Award of $1.4 M to Pedestrian Struck by Taxi Upheld on Appeal

On November 22, 2017, an appellate court upheld a verdict of $800,000 for pain and suffering and $800,000 for future medical expenses awarded to a pedestrian crossing an intersection in midtown Manhattan when he was struck by the defendant taxi driver. The pedestrian suffered a tear of the labrum of his right shoulder with impingement syndrome requiring surgery. He also sustained a torn meniscus of his knee and a bulging disc in his lower back that caused radiating pain down his leg.

The defendant driver and owner of the taxi argued the awards were excessive and that the pedestrian's attorney made unfair comments during the trial. The appellate court rejected those arguments finding the awards were supported by competent evidence and that the defense waived failed to preserve the arguments on alleged unfair comments by the pedestrian's attorney with a timely objection.

NB: The verdict was awarded in July 2014–clear evidence that appeals delay payment for a long time. Fortunately, the law allows the plaintiff 9% per annum interest on the $1.4M from the date of the verdict until present. For each year this $1.4M verdict remains unpaid the defendant will have to add another $126,000 to the verdict in order to satisfy the Judgment. Quijano v American Transit Insurance Company, 2017 WL 561822

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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