New York Injury Lawyers Blog

The Appellate Division, First Department of New York State in Dicturel v. Dukureh held that when plaintiff's vehicle is struck in the rear by defendant's vehicle, the front vehicle is entitled to summary judgment on liability, unless the driver of the following vehicle can provide a non-negligent explanation for the collision. In this matter, defendant claimed that plaintiff stopped short. However, this did not explain defendant's failure to maintain a safe distance from plaintiff's vehicle, and therefore was not enough to rebut the presumption that no negligence on plaintiff's part contributed to the motor vehicle accident.

Dicturel v Dukureh, 71 AD3d 558 (1st Dept. 2010).

A New York County jury recently awarded $1.5 million to a woman who claimed that she suffers permanent dysfunction of her jaw as a result of an anesthesiologist's error during surgery. The matter stems from an April 2004 procedure in which plaintiff Caridad Cuevas underwent removal of a stone from a salivary gland.

Cuevas claimed that soon thereafter, she developed clicking and popping of her jaw. She contended that eating has become painful and that she must wear a jaw guard whenever she is not eating. Cuevas sued the hospital, St. Luke's Roosevelt Hospital Center, alleging that her injury was a result of an anesthesiologist who was overly forceful during the intubation process. The hospital blamed the surgeon, who was not a hospital employee, but the jury found the anesthesiologist responsible for the plaintiff's injuries.

A Bronx, NY jury recently awarded more than $4 million to a laborer who slipped and fell on ice on a construction site. Plaintiff Hassan Shabazz, a 37 year-old male at the time of the December 2002 incident, claimed that the site's tenant, the site's owner and the project's contractors failed to adequately clear a sidewalk.

He ultimately underwent a knee replacement surgery as a result of the fall, and an additional surgery may be necessary. Shabazz also contended that he cannot resume physical labor and that his sedentary work options are limited. The defendants argued that Shabazz's injuries were the result of degenerative conditions. The Bronx jury awarded damages in the amount of $4,175,341.28.

According to a June 11, 2010 Journal News Report by Terry Corcoran, a 21-year-old Yorktown, New York man was charged with misdemeanor driving while intoxicated (DWI) after crashing his car in the early morning hours of June 10, 2010 in the Westchester County Town.

The 21 year-old has been charged with driving while intoxicated, a misdemeanor, speeding, failure to maintain lane and improper turn, all traffic infractions.

DWI, speeding and other traffic violations are leading causes of motor vehicle accidents and personal injuries in New York.

In a recent New York Personal Injury case involving an party injured in a car accident, the Second Department of the New York State Appellate Division reversed a Nassau County Trial Court's determination that plaintiff had not raised a triable issue of fact with resepct to the serious injury threshold.

The Second Department found that the affidavit of plaintiff's treating chiropractor sufficiently raised a triable issue of fact as to whether she sustained a causally related serious injury to her cervical and lumbar spine. The treating chiropractor, Dr. Duk Soon Park, opined that based upon his contemporaneous and most recent examinations of the plaintiff, her cervical and lumbar injuries were permanent and causally related to the motor vehicle accident.

Website Resources:

Kwak v. Villamar, 71 AD3d 762 (2d Dept. 2010)

A Brooklyn (NYC) jury returned a $10 million verdict in favor of an 80 year-old female, Josephine Pantano, who sustained a fractured neck and a fractured leg in a motor vehicle accident in May 2007. Both plaintiff and defendant motorist contended that the other ran a red light causing the collision. The jury sided with the plaintiff.

The verdict included $5 million for future pain and suffering and $2 million for future medical expenses. The defense argued that not only did Pantano cause the accident, but that she is now completely healed.

Website Resource:

VerdictSearch.com, June 3, 2010.

A New York jury awarded $485,000 in a medical malpractice lawsuit to a 4-year-old child who suffers from a mild palsy as a result of an injury that occurred at birth. Jayden Bennet sustained an Erb's palsy of his right arm during the first two years of his life. The condition limited the arm's strength and mobility.

Jayden's mother, Lizzette Cain, asserted the claims on behalf of her son. She contended that the palsy was caused by traction applied to the boy's head during delivery. The traction was applied to relieve entrapment of his right shoulder. Ms. Cain further argued that a Caesarean delivery was the more prudent option given the child's size. The delivering obstetrician countered that due to the totality of the signs and symptoms present, a vaginal delivery was appropriate.

Website Resource:

VerdictSearch.com, June 3, 2010.

A 48 year-old male postal employee was recently awarded $224,000 by a Nassau County, NY jury for injuries sustained in a slip and fall accident. Plaintiff claimed he tripped over an open sidewalk cellar door as he was exiting the defendant's commercial premises.

He had just delivered mail to the property. The sidewalk cellar door was located approximately one foot from the store entrance. The plaintiff maintained that the cellar doors had been closed when he entered the store. The plaintiff suffered multiple injuries including a deep laceration that required surgical repair, multiple disc herniations, and a torn medial meniscus.

Website Resource:

New York Jury Verdict Review and Analysis (158631) Nassau County, NY

A New York jury recently awarded a female home-care nurse from Syracuse $1.7 million in a medical malpractice lawsuit against Community General Hospital. Plaintiff, Tina Holstein, claimed that she was improperly administered an injection after giving birth to her third child. Due to complications during the delivery, a nurse reportedly gave Holstein an injection "too low" in her back that resulted in damage to her sciatic nerve.

Plaintiff contended that as a result of the nerve damage, she suffers from back pain and limited range of motion. Plaintiff's experts testified that, in all likelihood, the condition will worsen over time. Attorneys for the hospital are contemplating an appeal.

Website Resource:

Syracuse jury awards nurse nearly $1.7 million for nerve damage after baby's birth, Syracuse Post-Standard, Jim O'Hara, June 1, 2010.

A Brooklyn (NYC) jury recently returned a $40 million verdict in favor of a construction worker severely injured when a Verizon truck struck him in 2006. Matthew Falcone, 53, was hit by a Verizon truck traveling 50 miles an hour near his Gravesend home.

Falcone suffered a traumatic brain injury and is partially paralyzed as a result of the pedestrian accident. After the crash, Falcone was in a coma and not expected to survive. He spent several weeks in the hospital, but has made a remarkable recovery. He hopes to be discharged from the Staten Island nursing home where he currently resides and move in with his sister in the near future.

Attorneys for Falcone expect the verdict to be appealed.

Website Resource:

Construction worker wins $40 million after being struck by Verizon van, Scott Shifrel, NY Daily News, May 28, 2010.

According to a May 12, 2010 Journal News report by Leslie Korngold, a Rye Police Officer, Angelina Santo, was injured in a car accident when her cruiser was stopped at a red light at the intersection of Boston Post Road and Purdy Avenue. Officer Santo was reportedly struck from behind by a Lexus RX330 SUV at approximately 3:50 p.m.

The officer was treated at Greenwich Hospital for back and neck pain and released.

The driver of the SUV was not injured. Local police reported that an accident report had not been completed. Officer Santo is expected to miss a few weeks of work due to her injuries.