John Hochfelder, Trial Lawyer

Ankle Injury Pain and Suffering Award Increased on Appeal

By John Hochfelder

February 18, 2020

On August 15, 2011, Calvin Thomas slipped and fell on the second floor landing of an interior staircase in an apartment building at 383 East 143rd Street in the Bronx. As a result, he sustained a major ankle injury. Mr. Thomas, then 51 years old, sued the building owner claiming that his foot slipped on urine and feces and that the owner was liable for his injuries because it failed to maintain a safe premises.…

New York Injury Cases Blog

Substantial Pain and Suffering Verdict Slashed by Courts in Pedestrian Knockdown Case

By John Hochfelder

February 5, 2020

On, January 21, 2008, William Tate-Mitros, stepped out of a city bus onto a sidewalk in Manhattan when another city bus mounted the sidewalk and its tire ran over his foot. After his lawsuit against the transit authority resulted in a defense verdict, Tate-Mitros appealed and the First Department reversed because of a preclusion order error. On retrial, a new jury found for plaintiff and awarded him pain and suffering damages in the sum of…

New York Injury Cases Blog

Appellate Court Affirms Modest Jury Awards to Three Plaintiffs Claiming Spinal and Shoulder Injuries in Rear End Car Crash Case

By John Hochfelder

February 3, 2020

On February 3, 2010, Emilio Carino was driving his van in the Bronx with two passengers. While stopped at a red light, the van was struck in the rear by another vehicle. Carino and his passengers sued the other driver who conceded liability. A trial on damages ensued and the Bronx jury awarded pain and suffering damages to the three plaintiffs in the sums of $200,000, $150,000 and $55,000 (all past – six years). Plaintiffs…

New York Injury Cases Blog

Bus Passenger’s Liability and Damages Verdicts Affirmed in Case Involving Defective Step

By John Hochfelder

January 20, 2020

On September 6, 2006, Pauline Barrett was attempting to exit the city bus she’d been on when her right heel got caught in a hole in the rear stairwell of the bus. Barrett sued the transit authority claiming that she sustained serious injuries as a result of a dangerous stairwell defect that the defendant should have known about and remedied before her accident. The Kings County jury agreed but found plaintiff bore some responsibility too…

New York Injury Cases Blog

Pre-Death Pain and Suffering Claims Reinstated on Appeal for Patient in Vegetative State

By John Hochfelder

December 30, 2019

After five years in a nursing home for treatment for several medical issues including chronic urinary tract infections and a stroke, and a month at New York Presbyterian Hospital (“New York Pres.”) in October 2013 where she was treated for respiratory distress and pneumonia, Charlotte Much was transferred to a New York City nursing home on October 29, 2013. She remained in city health care facilities until her death on May 4, 2014, from cardiac arrest due…

New York Injury Cases Blog

Appellate Court Increases Past Pain and Suffering Award and Adds Future Damages Award for Non-Surgical Injuries in Car Accident Case

By John Hochfelder

December 16, 2019

On September 19, 2013, Eleanora Rozmarin was driving her car on the Van Wyck Expressway in Queens when her car was struck in the rear. Ms. Rozmarin sued the driver and owner of the other car and her pre-trial motion for summary judgment of liability against the defendants was granted. The matter proceeded to a trial on the issue of damages only and on October 14, 2015 the Kings County jurors awarded plaintiff $20,000 for…

New York Injury Cases Blog

Damages Affirmed in Case of Medication Error Causing Death of 81 Year Old Hospital Patient

By John Hochfelder

December 14, 2019

On August 16, 2007, Rose Kij, then 81 years old, had a sudden attack of left-sided weakness and was taken by ambulance from her home in Buffalo to Millard Fillmore Gates Hospital. She was admitted with a diagnosis of transient ischemic attack (similar to a stroke, but usually lasting only a few minutes and causing no permanent damage). After a week in the hospital, during which time Ms. Kij was given a daily dose of 80 milligrams of…

New York Injury Cases Blog

Metal Object Falls from Elevated Subway Tracks Through Windshield of Car Below Striking Driver

By John Hochfelder

November 21, 2019

On September 27, 2011 at about 9 a.m., Alfonso Rojas was driving along Roosevelt Avenue in Queens on his way to to work when a piece of metal flew off the elevated structure of the No. 7 train above. It penetrated through the car’s windshield and struck Mr. Rojas’s right arm causing extensive damage. The defendant transit authorities conceded liability for the accident and in January 2016 the natter proceeded to a trial on damages…

New York Injury Cases Blog

Pain and Suffering Award Affirmed for Hand and Neck Injuries

By John Hochfelder

October 17, 2019

On October 1, 2012, Arianna Garcia was driving her car through an intersection in Middletown when she was struck by a car whose driver who failed to stop at a stop sign. Garcia, then 31 years old, was granted summary judgment as to liability and the matter proceeded to a trial on damages only. The jury awarded plaintiff pain and suffering damages in the sum of $300,000 ($150,000 past – three years, $150,000 future –…

New York Injury Cases Blog

Court Rejects Plaintiff’s Claim that Spinal Injury Pain and Suffering Award is Inadequate

By John Hochfelder

October 15, 2019

On January 24, 2014, Barbara Murphy was driving northbound on the Saw Mill River Parkway in Dobbs Ferry. Chris Ford was driving southbound before making a left turn and losing control of his car whereupon Ms. Murphy’s car was struck and she was injured. Murphy, then 58 years old, claimed that she sustained severe spinal injuries requiring extensive surgery. In her ensuing lawsuit, Ford conceded he was at fault and the Westchester County jury awarded plaintiff pain…

John Hochfelder, Trial Lawyer

John Hochfelder, Trial Lawyer Blogs

Blog Authors

Ankle Injury Pain and Suffering Award Increased on Appeal

Substantial Pain and Suffering Verdict Slashed by Courts in Pedestrian Knockdown Case

Appellate Court Affirms Modest Jury Awards to Three Plaintiffs Claiming Spinal and Shoulder Injuries in Rear End Car Crash Case

Bus Passenger’s Liability and Damages Verdicts Affirmed in Case Involving Defective Step

Pre-Death Pain and Suffering Claims Reinstated on Appeal for Patient in Vegetative State

Appellate Court Increases Past Pain and Suffering Award and Adds Future Damages Award for Non-Surgical Injuries in Car Accident Case

Damages Affirmed in Case of Medication Error Causing Death of 81 Year Old Hospital Patient

Metal Object Falls from Elevated Subway Tracks Through Windshield of Car Below Striking Driver

Pain and Suffering Award Affirmed for Hand and Neck Injuries

Court Rejects Plaintiff’s Claim that Spinal Injury Pain and Suffering Award is Inadequate

Stay Connected

Company

Support

New to the Network

John Hochfelder, Trial Lawyer Blogs

Blog Authors

Latest from John Hochfelder, Trial Lawyer