John Hochfelder, Trial Lawyer

Significant Pain and Suffering Damages Increase Ordered in Car Crash Case

By John Hochfelder

February 28, 2021

On July 27, 2013, Franklin Abreu-DePena, then 39 years old, was driving his taxi in the Bronx when he was involved in a crash with another vehicle. Mr. Abreu-DePena claimed shoulder, neck and back injuries and in his ensuing lawsuit again the other driver, the jury (a) determined that the other driver was 60% at fault and (b) awarded pain and suffering damages (before apportionment) in the sum of $600,000 ($100,000 past – six years,…

New York Injury Cases Blog

Ankle Injury Pain and Suffering Award Affirmed on Appeal

By John Hochfelder

February 4, 2021

On May 14, 2013, Susan Montefusco injured her ankle when she stepped into a hole in the grassy median next to the parking lot at her apartment complex in Patchogue. She sued the owner of the premises and, following a bench trial, the defendant was found to be fully at fault. The judge then awarded plaintiff pain and suffering damages in the sum of $285,000 ($200,000 past – four and a half years, $85,000 future…

New York Injury Cases Blog

Significant Damages Awards in Spinal and Ankle Injuries Case

By John Hochfelder

January 24, 2021

On December 29, 2013, Angelina Register was asleep in her apartment at 1265 Morrison Avenue in the Bronx when leaky pipes caused ceiling plaster to fall on her. When she got out of bed, she injured her back and ankle when she slipped and fell on water and the debris that had fallen from the ceiling. In Ms. Register’s ensuing lawsuit against the owners and manager of the apartment building, the jury determined that the…

New York Injury Cases Blog

Significant Awards Affirmed for Worker’s Ankle Injuries

By John Hochfelder

January 23, 2021

On April 14, 2009, Robert McCullough was working as an ironworker at the One Bryant Park, Manhattan construction site when he tripped and fell after stepping into an uncovered drain hole. He claimed serious ankle injuries and sued the owner and general contractor claiming that their violations of the Labor Law caused his injuries. A Manhattan jury determined that the defendants were at fault and awarded plaintiff pain and suffering damages in the sum of…

New York Injury Cases Blog

Appellate Court Affirms Jury’s Modest Pain and Suffering Award for Worker’s Ankle and Back Injuries

By John Hochfelder

January 17, 2021

On February 4, 2012, Anthony Farrugia was working as an operating engineer when he stepped into a hole in the floor of the sub-basement at 1440 Broadway in Manhattan. Mr. Farrugia, then 29 years old, sued the building owner and others alleging that he sustained serious ankle and back injuries due to their negligence in creating and not repairing the dangerous condition. Defendants were found to be at fault and the Manhattan jury awarded damages…

New York Injury Cases Blog

Appellate Court Increases Pain and Suffering Damages Award in Ankle Injury Case

By John Hochfelder

January 10, 2021

On February 24, 2015, Sheila Samlal slipped and fell on ice covering the parking area behind the multi-family house at 290 Graff Avenue in the Bronx where she and her husband were renting the top two floors. Ms. Samlal sustained serious ankle injuries and sued claiming that her landlord was responsible. The jury returned a verdict finding plaintiff and defendant equally at fault. They awarded plaintiff pain and suffering damages in the sum of $150,000…

New York Injury Cases Blog

Minimal Pain and Suffering Award in Knee Injury Case

By John Hochfelder

January 7, 2021

On September 29, 2013, Stelios Hadjidemetriou was stopped at a red light in Astoria when his car was struck in the rear causing his knee to strike the dashboard. He sued the other driver alleging a knee injury. After the Queens jury returned a liability verdict in plaintiff’s favor, a damages trial was conducted following which the same jury returned a verdict awarding plaintiff pain and suffering damages in the sum of $2,000 (past only…

New York Injury Cases Blog

Significant Pain and Suffering Award in Non-Surgical Herniated Discs Case

By John Hochfelder

January 5, 2021

On October 5, 2013, Christine O’Connell was sitting in her car stopped at a red light in Hamburg (a Buffalo suburb) when another driver drove through the light causing a crash. Christine, then a 24 year old student, declined medical treatment at the scene but called her doctor that night complaining of low back pain. In her ensuing lawsuit, Christine recovered the insurance policy limits of $500,000 against the other driver and owner. She then…

New York Injury Cases Blog

Court Addresses Claim of Inconsistent Damages Verdict

By John Hochfelder

January 3, 2021

On June 19, 2013, German Paucay, then 24 years old, was employed as a stucco installer at the site of the construction of a new building at 601 East 163rd Street in the Bronx when he fell from a scaffold seven feet to the ground below sustaining injuries. In his ensuing lawsuit against the premises owner, the general contractor and a subcontractor, Mr. Paucay was granted summary judgment as to liability, under Labor Law Section…

New York Injury Cases Blog

Courts Slash Mesothelioma Pain and Suffering Awards

By John Hochfelder

December 31, 2020

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In November, 2012, then 64 year old Marlena Robaey was diagnosed with malignant mesothelioma. She then sued several companies alleging that she’d contracted mesothelioma from her exposure over many years to asbestos from their automotive gaskets in car engines. On January 20, 2017, a Manhattan jury ruled in plaintiff’s favor and awarded her pain and suffering damages in the sum of $50,000,000 ($40,000,000 past – four and a half years, $10,000,000 future – one year).…

John Hochfelder, Trial Lawyer

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Significant Pain and Suffering Damages Increase Ordered in Car Crash Case

Ankle Injury Pain and Suffering Award Affirmed on Appeal

Significant Damages Awards in Spinal and Ankle Injuries Case

Significant Awards Affirmed for Worker’s Ankle Injuries

Appellate Court Affirms Jury’s Modest Pain and Suffering Award for Worker’s Ankle and Back Injuries

Appellate Court Increases Pain and Suffering Damages Award in Ankle Injury Case

Minimal Pain and Suffering Award in Knee Injury Case

Significant Pain and Suffering Award in Non-Surgical Herniated Discs Case

Court Addresses Claim of Inconsistent Damages Verdict

Courts Slash Mesothelioma Pain and Suffering Awards

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