New York Jury Verdict Review & Analysis
- Jury Verdict Review Publications, Inc.
- Publication date:
- Nbr. 39-06, June 2022
- Nbr. 39-05, May 2022
- Nbr. 39-04, April 2022
- Nbr. 39-03, March 2022
- Nbr. 39-02, February 2022
- Nbr. 39-01, January 2022
- Nbr. 38-12, December 2021
- Nbr. 38-11, November 2021
- Nbr. 38-10, October 2021
- Nbr. 38-09, September 2021
- Nbr. 38-08, August 2021
- Nbr. 38-07, July 2021
- Nbr. 38-06, June 2021
- Nbr. 38-05, May 2021
- Nbr. 38-04, April 2021
- Nbr. 38-03, March 2021
- Nbr. 38-01, January 2021
- Nbr. 37-12, December 2020
- Nbr. 37-11, November 2020
- Nbr. 37-10, October 2020
- $______ VERDICT - UTILITY COMPANY NEGLIGENCE - MOTOR VEHICLE NEGLIGENCE - AUTO/PEDESTRIAN COLLISION - PLAINTIFF, WHOSE SIGHT IS IMPAIRED BY UTILITY TRUCKS, STRUCK BY VEHICLE WHILE ATTEMPTING TO CROSS STREET AT INTERSECTION - CONCUSSION - TRAUMATIC BRAIN INJURY - VISUAL IMPAIRMENT - LUMBAR AND CERVICAL DISC BULGE - RIGHT KNEE FRACTURES - SURGERY REQUIRED.
New York County, NY In this negligence action, the plaintiff was attempting to cross the street at an intersection while her vision was blocked by utility trucks, causing her to be struck by a motor vehicle. As a result, the plaintiff sustained permanent injuries. The defendants denied all allegations of negligence.
- $______ RECOVERY - MOTOR VEHICLE NEGLIGENCE - AUTO/PEDESTRIAN COLLISION - 70-YEAR-OLD PLAINTIFF STRUCK IN UNMARKED CROSSWALK - MULTIPLE FRACTURES - CLOSED HEAD INJURY - TBI - AROUND-THE-CLOCK HOME CARE NECESSARY.
Kings County, NY In this motor vehicle negligence case, the plaintiff contended that the defendant driver negligently traveled too quickly in view of dark and rainy conditions. The 70-year-old plaintiff, who was crossing the residential roadway containing one lane in each direction, and in the unmarked crosswalk, reached slightly beyond the center lane when she was struck. The plaintiff contended that she suffered a closed head injury and TBI that caused significant cognitive deficits. The plaintiff also maintained that the head trauma caused 2 TIAs which additionally impacted on her mental acuity. The plaintiff further asserted that she suffered severe fractures of the tibia and fibula, pelvis and eight ribs on the left side. The defendant asserted that the accident was the result of darkness and weather conditions. The plaintiff countered that the defendant should not have continued driving at his speed if he was unable to adequately see the roadway.
- $______ RECOVERY - MOTOR VEHICLE NEGLIGENCE - REAR END COLLISION - PLAINTIFF DRIVER CONTENDS COLLISION CAUSES RIGHT SHOULDER TEARS AND NEUROLOGICAL DEFICIT TO RIGHT, DOMINANT HAND THAT PRECLUDES HIM FROM RETURNING TO UNION POSITION - DEFENDANT DENIES MINOR IMPACT CAUSED CLAIMED INJURIES - DAMAGES ONLY.
New York County, NY The plaintiff’s motion for summary judgment on liability was granted in this motor vehicle negligence case. The plaintiff, currently age 51, maintained that he suffered a tear of the right, dominant shoulder that will cause permanent pain and limitations despite 2 arthroscopic surgeries. The plaintiff also contended that he suffered a neurological condition of focal dystonia to the right hand, The plaintiff, who had been a member of the steam fitter’s union and worked as a service technician, maintained that he can no longer work in this field and has obtained alternative work as a local truck driver at a significantly reduced salary. The defendant maintained that the impact was very slight and denied that the plaintiff suffered the claimed injuries.
- $______ VERDICT - MOTOR VEHICLE NEGLIGENCE - PARKING SPOT COLLISION - DEFENDANT ON CONDITIONAL LICENSE STRIKES PLAINTIFF'S CAR AS HE IS GETTING OUT AFTER PARALLEL PARKING - PLAINTIFF FALLS ON BOTH KNEES CAUSING TEARS - LUMBAR AND CERVICAL HERNIATIONS - KNEE SURGERY - VULNERABILITY TO EARLY ONSET ARTHRITIS.
Queens County, NY In this action for motor vehicle negligence, the plaintiff, approximately age 40, contended that as he attempted to exit his car at a parallel parking spot, the defendant driver, who was also attempting to parallel park, struck his car and knocked him to the ground,. The plaintiff maintained that he suffered bilateral tears to the medial menisci, as well as cervical and lumbar herniations. The parties were both orthodox and the accident occurred on a late Friday afternoon and shortly before the Sabbath began. The defendant denied striking the plaintiff’s car and asserted that he struck a vehicle behind the plaintiff’s car.
- $______ VERDICT - PREMISES LIABILITY - FALL DOWN -WHILE WORKING ON DEFENDANT'S PREMISES, PLAINTIFF SLIPS ON SUBSTANCE WHICH HAD ACCUMULATED ON STAIRCASE - RIGHT KNEE PATELLA TENDON TEAR - SURGERY REQUIRED.
Kings County, NY In this premises liability action, the plaintiff slipped and fell on a set of stairs in a hotel while performing duties of his employment. As a result, of the fall, the plaintiff sustained serious injuries. The defendants generally denied negligence.
- $______ RECOVERY - DOG ATTACK - MINOR PLAINTIFF ATTACKED AND BITTEN BY DEFENDANT'S DOG ON DEFENDANT'S PREMISES - FAILURE TO RESTRAIN DOG - DOG BITE WOUNDS TO FACE - 10 CM BILATERAL CHEEK LACERATIONS - 5 CM UPPER LIP LACERATION - TWO 1 CM RIGHT CHEEK LACERATIONS - 1 CM UPPER LIP LACERATION - SURGERY REQUIRED - SUTURES REQUIRED.
Suffolk County, NY In this dog attack action, the minor plaintiff sustained serious injuries after he was attacked and bitten by the defendant’s dog on the defendant’s premises. The defendant generally denied all allegations of negligence.
- DOG ATTACK. $______ RECOVERY
Dog attack - Minor plaintiff attacked by pit-bull on premises of residence - Laceration relating to dog bite - Rabies vaccination required. Kings County, NY In this dog attack action, the minor plaintiff was attacked and bitten by a pit-bull belonging to another tenant in the minor plaintiff’s building. The defendants denied all allegations of negligence.
- DOG ATTACK. $______ RECOVERY
Dog attack - Minor plaintiff bitten by defendant’s dog on defendant’s premises - Puncture wounds and lacerations to right forearm. Suffolk County, NY In this dog attack action, the minor plaintiff was attacked and bitten by the defendant’s dog on the defendant’s premises. The defendant generally denied all allegations of negligence.
- INSURANCE OBLIGATION. $______ RECOVERY
Insurance obligation - Auto/pedestrian collision - Minor plaintiff struck by unknown defendant’s vehicle while crossing street - Failure to remain at scene - Buckle fracture of left distal ulna - Buckle fracture of left distal radius - Nasal bone fracture - Chipped front tooth and swollen lip. Kings County, NY In this action, the minor plaintiff was struck by an unknown defendant’s vehicle while crossing the street sustaining multiple serious injuries. The defendant generally denied all allegations of negligence.
- LANDLORD'S NEGLIGENCE. $______ RECOVERY
Landlord’s negligence - Minor plaintiff inhales toxic amounts of mold in family residence - Failure to maintain hygienic conditions on premises - Cough - Fever - Collapsed lung - Acute respiratory failure - Endotracheal intubation required. Kings County, NY In this landlord’s negligence action, the minor plaintiff suffered injury after inhaling toxic amounts of mold in his family residence, which was owned and operated by the defendant. The defendant generally denied negligence.
- $______ VERDICT - MOTOR VEHICLE NEGLIGENCE - REAR END COLLISION - AGGRAVATION OF PREVIOUSLY ASYMPTOMATIC ANKLE ARTHRITIS - ANKLE REPLACEMENT - CRPS IN LEG - TEAR OF DOMINANT SHOULDER DIAGNOSED 3 MONTHS LATER - SEVERE PAIN AND REDUCED MOBILITY IN ARM DESPITE 3 SURGERIES - INABILITY TO CONTINUED ACTIVE LIFESTYLE.
Orange County, NY Liability was stipulated in this motor vehicle negligence case. The 55-year-old plaintiff driver contended that she suffered a severe aggravation of a previously asymptomatic ankle arthritis which required an ankle replacement and culminated in Complex Regional Pain Syndrome which ...
- $______ DEFAULT JUDGMENT ? LANDLORD'S NEGLIGENCE ? NUISANCE ?PLAINTIFFS CONTEND THAT DEFENDANT OWNER OF PROPERTY ADJACENT TOPLAINTIFFS' PROPERTY ALLOWS AND ENCOURAGES ILLEGAL ACTIVITY ON PREMISES,ENDANGERING PLAINTIFF NEIGHBORS ? PLAINTIFFS AND DEFENDANT ENGAGE INMEDIATION RESULTS OF WHICH PLAINTIFFS MAINTAIN DEFENDANT FAILED TOCOMPLY WITH ? DEFENDANT FAILS TO APPEAR FOR FURTHER PROCEEDINGS ANDFOUND IN DEFAULT ? DEFENDANT'S MOTION TO VACATE DEFAULT JUDGMENTDENIED.
New York County, NYThe plaintiffs’ commenced this action against thedefendant owners of the neighboring building, foran alleged nuisance emanating therefrom. Theplaintiffs maintained that over a several-yearperiod, the defendant was an absentee landlordand was aware of and allowed illegal activity...
- $______ VERDICT - EMPLOYER'S LIABILITY - DEFENDANT SECURITY GUARD AT SHELTER LOSES CONTROL OF STROLLER WHILE ATTEMPTING TO CARRY BABY UP INTERIOR STEPS - BABY FALLS OUT OF STROLLER AND STRIKES HEAD ON STEP BEFORE ROLLING DOWN THREE STAIRS - BRAIN BLEED - EXTENSIVE LEARNING DELAYS.
Bronx County, NY The plaintiff maintained that the elevators were not functioning at the defendant shelter, and that when the security guard refused to permit the husband to take the baby stroller upstairs, the defendant security guard undertook to carry the four-day-old baby, who weighed five...
- MEDICAL MALPRACTICE. $______ TOTAL RECOVERY - MEDICAL MALPRACTICE - OB/GYN - FAILURE TO ORDER TIMELY C-SECTION FOR HIGH RISK MOTHER - CEREBRAL PALSY - DEVELOPMENTAL DELAYS.
Monmouth County, NJ This was an obstetrical malpractice action involving a mother who was at risk because of a low level of amniotic fluid and at further risk because she was one week post-term. The plaintiff contended that shortly after she was attached to the fetal monitor, signs of fetal...
- MOTOR VEHICLE NEGLIGENCE. $______ RECOVERY - FAILURE TO STOP AT STOP SIGN - MULTIPLE NONFRACTURE INJURIES TO FACE - FACIAL INJURIES HEAL WITHOUT NOTICEABLESCARRING - TWO CERVICAL AND THREE LUMBAR HERNIATIONS REQUIRINGSURGERY
New York County, NYThe plaintiff driver, in his early 50’s, contendedthat the defendant driver negligently failed toobey a stop sign, causing the collision. Plaintiffclaimed that defendant failed to yield the right-ofway and struck plaintiff, where there was verylittle traffic at the time. The...
- $______ VERDICT - MUNICIPAL LIABILITY - FINRA - FINRA VICTORY FOR INVESTOR AGAINST MORGAN STANLEY - LOSS OF STOCK VALUE
New York County, NY In this action, the Financial Industry Regulatory Authority (FINRA) delivered an arbitration verdict for a doctor against a prominent financial services company. The doctor sought lost value from a stock purchase made through the defendant, who later argued had not been made. ...
- MEDICAL MALPRACTICE. $______ RECOVERY - MEDICAL MALPRACTICE - DEFENDANTS NEGLIGENTLY MANAGED PLACEMENT OF DECEDENT'S ENDOTRACHEAL TUBE RESULTING IN ONLY DECEDENT'S RIGHT LUNG BEING VENTILATED - RESPIRATORY ARREST - WRONGFUL DEATH.
Bucks County, PA In this medical malpractice action, the estate of the male decedent maintained that the defendants physician and hospital staff negligently failed to promptly diagnose and manage a misplacement of the decedent’s endotracheal tube, causing only one lung to be somewhat ventilated....
- CIVIL ASSAULT. $______ VERDICT
Civil assault and battery - Plaintiff contends known patron of defendant bar assaulted plaintiff in plain view of defendant’s employees and defendant failed to stop attack and failed to assist plaintiff in calling police - Possible concussion, 2 disc bulges in cervical spine, pinched nerve and...
- MOTOR VEHICLE NEGLIGENCE. Intersection Collision. DEFENDANT'S VERDICT
Motor Vehicle Negligence - Intersection Collision - School bus matron contends that she is injured when defendant negligently strikes her bus - Disc bulges at C3-4, C5-6 and C6-7 - Herniated discs at C5-6, C6-7 and L4-5 - Anterior discectomy and fusion - Lumbar fusion surgery. Kings County, NY In...
- MOTOR VEHICLE NEGLIGENCE. Head-on Collision. $______ RECOVERY
Motor Vehicle Negligence – Head-on collision –SUM case – Ankle fracture and surgery – Traumacauses short-term heightening of RheumatoidArthritis that was previously under control andrequires steroid injections.Ulster County, NYThis case was brought by a 60-year-old plaintiffdriver who contended...