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Back in 2006, some of New York City’s transit hubs used Baroque music to keep unwanted loitering down to a minimum.
Pop music was the soundtrack in Pennsylvania Station until 1995, but the mix of instrumentalized Beatles songs and top 40 hits proved irritating to customers and did little to improve the station’s atmosphere, according to [Amtrak spokesman Richard] Rubel.
In his ensuing case alleging excessive force, false arrest and resulting injuries, on April 6, 2012, after 12 days of trial, a Bronx County jury awarded Mr.
The trial judge ordered a reduction in the pain and suffering damages to $350,000 ($200,000 past, $150,000 future) and vacated the awards for punitive damages. As set forth in the court’s lengthy and well-written decision, plaintiff sustained right (dominant) hand and finger fractures and post-traumatic stress and major depressive disorders as a result of the incident.
Plaintiff had been a building superintendent for 14 years and at the time of his arrest was working in that capacity part-time.
In the ensuing lawsuit against the bus driver and owner, on December 20, 2012,  a Kings County jury apportioned fault for the accident 75 % to the driver and 25% to the pedestrian. The jury then awarded pecuniary damages to the decedent’s three adult daughters in the sum of $1,200,000 (10 years) but awarded zero for pre-impact terror and zero for conscious pain and suffering.
The appellate court determined that $800,000 for pecuniary damages is reasonable in this case based upon the testimony of Ms.
There was also evidence that the decedent spent a great deal of time caring for her grandchildren, babysitting for them, cooking for them, having weekend sleep-overs and helping to teach and care for her special needs grandson. In a post-trial decision, the presiding judge characterized the nature and quality of the relationship between Ms. In this case, the defense argued successfully that there should be no award for pre-impact emotional distress because (a) a scream that the bus driver heard at the time of impact may have come from someone other than the decedent and (b) Ms. Pre-death pain and suffering damages (distinct from emotional distress damages for pre-impact terror) may be awarded for pain and suffering during such time as a decedent was conscious from the moment of injury to the moment of death. Here, the defendants argued successfully that no award at all should be made as to this aspect of damages because, as opined by their expert trauma physician,  Ms.
There was substantial testimony from the daughters about the financial assistance their mother gave to them and their children from time to time for things like rent, utility bills and divorce proceedings.
With the 25% reduction for comparative fault, the jury’s award was reduced to $900,000. On November 4, 2003, Jennifer Luna, then 30 years old and 12 weeks pregnant, consulted her internist because she was not feeling well. It was not until December 2, 2004, though, that a biopsy was performed which revealed that Ms. The defendants made post-trial motions  to set aside the jury verdict on the issues of liability and damages and for a judgment dismissing the complaint. Plaintiff had been employed as an information technology manager in a law firm and claimed that she became unable to work in March 2007. Following the appellate court decision, the defendants moved to reargue and for leave to appeal to the Court of Appeals seeking, in part, a clarification as to the status of their claims that the damages awards were excessive.
Plaintiff has survived to date, a fact that defendants argued is new and supported their request for reargument and a new trial. On May 2, 2007,  fifty-nine year old Mary Lou Knoch was about to cross the roadway in front of 625 Fulton Street in downtown Brooklyn when she tripped and fell from a city sidewalk into the roadway. On May 20, 2013,  the trial judge issued a decision denying plaintiff”s post-trial motion in which plaintiff argued that the $50,000 award for future pain and suffering damages was inadequate and in Knoch v. Plaintiff argued on appeal that the jury’s award of these future medical expenses made it clear that it was inconsistent and inadequate to award only $50,000 for 20 years of future pain and suffering. The defendant repeatedly failed to produce evidence during the pre-trial discovery phase of this lawsuit that it was ordered to produce and the trial judge issued a $2,500 monetary sanction that was upheld on appeal. Plaintiff admitted on cross-examination that one of the reasons she stopped physical therapy was that if she went during work hours the time she used would not count towards her pension. On February 19, 2009, Ruben Corena drove his truck to the Sunoco gas station at 880 Garrison Avenue in the Bronx. On January 8, 2013, in the ensuing lawsuit against the property owner and lessor, the jury returned a verdict finding that the premises was unsafe and defendants were fully at fault for the accident and plaintiff’s injuries.
As to injuries, the appellate court decision mentions only that plaintiff fell to the ground, his leg became swollen and he had a protruding bone. On January 23, 2009 Elgin McEachin was driving his 2003 Chevy Trailblazer southbound on Saratoga Avenue through its intersection with Park Place in Brooklyn.
In the ensuing lawsuit, a Kings County jury determined that the crash was 85% the fault of the police officer (with 15% of the blame assigned to Mr. As set forth in the court’s decision, plaintiff sustained injuries to his lumbar spine and his left knee. Plaintiff had been in prior motor vehicle accidents including one in 2003 in which he injured his lower back. Plaintiff injured his left knee in 1993 while playing football following which he underwent surgery for a torn anterior cruciate ligament; however, he fully recovered from that injury as evidenced, for example, by the fact that for many years thereafter until before the 2009 accident he played in a basketball league without pain or disability. The jury deliberated over a three day period at one point finding that the police officer was negligent but had not proximately caused plaintiff’s injuries (a finding they reversed after additional deliberations). At the close of the case, one of the jurors commented on the record that “[a]s much as we disagreed on things, I think every single person, juror, wanted to do the right thing.
Bennett Rose underwent three colonoscopies – on January 3, 2003, December 14, 2006 and October 11 2007, each indicating the presence of polyps (which were removed), none indicating any malignancy or cancer. The anemia returned, though, and a repeat colonoscopy on April 28, 2008 revealed a large eight centimeter cancerous tumor in the ascending colon which had metastasized and spread to his liver.
On March 26, 2013, in the ensuing medical malpractice wrongful death case, a Nassau County jury found that the gastroenterologist who performed the three colonoscopies had departed from accepted medical practice by failing to observe the tumor during the colonoscopy on October 11, 2007.


While plaintiff’s medical expert conceded that by October 11, 2007 (the date the jury found that malpractice occurred) Mr.
On August 7, 2007 ten year old Roy Nelson, was sitting on a bench outside his apartment complex at 1125 East 229th Street in the Bronx when he was hit in the leg by a rock propelled at high velocity from a nearby lawnmower.
Edenwald Houses is the largest NYCHA development in the Bronx with 40 buildings on almost 50 acres.
On May 21, 2012, the Bronx jury awarded pain and suffering damages in the sum of $250,000 (all past – five years). Both parties made post-trial motions – plaintiff argued that some award of future pain and suffering damages should have been made while the defendant argued that the $250,000 award was excessive. As set forth in the court’s decision, Roy sustained a spiral fracture of his left tibia along with soft tissue damage to the surrounding area.
Initial hospital treatment included a massive irrigation and debridement to dilute the wound and remove dead tissue.
After his hospital discharge, Roy had to use crutches to ambulate and stayed home in the summer with his leg elevated. Upon return to school in September, Roy was still casted and could not participate in any physical activities until January. Roy still had leg pain at the time of trial but had returned to sports such as basketball within three months of the incident. In summations, plaintiff’s counsel asked the jury to award $300,000 for past pain and suffering plus $400,000 for the future. At the same time, Ronald Mills was driving  a New York City Transit Authority Chevy Suburban and the two vehicles collided at the intersection of Boston Road and Pelham Parkway in the Bronx. The passenger side impact to the police car caused the 36 year old Officer Andino’s head to strike her windshield. The jury also determined that plaintiff was permanently disabled from work and in need of substantial future medical treatment. The decision mentions that plaintiff sustained a brain injury with permanent cognitive impairments, headaches, nausea and dizziness as well as injuries to her knees resulting in three surgeries and the need for a future knee replacement. The matter of pension benefits was the subject of much disagreement not only between the parties but also between the trial and appellate judges.
Defendants contended that the ADR replaces both the earnings plaintiff would have received had she continued working as a police officer and the pensions she would have received upon retirement from the force and that therefore the ADR and health insurance benefits should offset the jury awards for loss of earnings, lost pension and future medical expenses. The appellate court, though, disagreed (in part) ruling that the future loss of pension benefits award should be offset by the total amount plaintiff was projected to receive under her disability pension, effectively reducing the $2,486,740 aspect of the verdict to zero. By clicking OK, you're confirming that your use won’t conflict with the restrictions found on the image page. The switch to baroque music from pop was intended to add some much-needed gravitas to the station, he said, and to act as a deterrent against loitering.
Cardoza refused to provide identification or simply didn’t understand the officers due to a language barrier, it was undisputed that as he was taken into custody, Mr. He was unable to return to work until about four months later (but only in a limited capacity); however, he did not assert a lost earnings claim. Harris, stated that this case represented one of the most compelling excessive force cases he’s seen in 25 years.
A city bus driver had stopped for a red light before turning right onto Avenue U when his bus struck and killed the pedestrian, 65 year old Virginia McKibbin. Among the considerations jurors are charged with considering in this regard are (a) the earnings a decedent would have spent in the future for the care and support of her children and (b)  the value of the intellectual, moral and physical training, guidance and assistance their mother would have given them had she lived.
McKibbin’s three daughters (who were 39, 42 and 45 years old at the time of trial) as to their loss of parental guidance. McKibbin was found unconscious by ambulance personnel and confirmed dead on arrival at the hospital 30 minutes after the accident. McKibbin had worked for 20 years in a title insurance office earning about $42,000 in her last full year of work in 2008.
There was no accompanying documentary evidence to support those claims and the only specific testimony in this regard was from one of the daughters who testified that her mother gave her about $1,250 per month. Exercising their prerogative, the jury determined that this item of damage exceeded counsel’s request. The doctor conducted a physical examination and concluded that she had an enlarged thyroid which an ultrasound then confirmed along with the presence of five solid nodules.
She was awarded damages for past loss of earnings in the sum of $358,875 and future loss of earnings for 28 years at the rate of $58,000 per year in the total sum of $1,624,000 (with a 2.5% growth rate). Plaintiff argued that this fact should not be considered on reargument as it was not in evidence before the jury and in any event about half of all people diagnosed with Stage IV metastatic medullary thyroid cancer will survive past 10 years. Knoch sued the City of New York claiming that the sidewalk was defective,  the city had prior written notice of the defect and it had failed to properly repair the condition.
Knoch was taken by ambulance to the local hospital and treated with a sling and painkillers.
As to physical therapy, she pointed out that she continued with home exercises and as to surgery, she testified she was anxious to get approval from her workers compensation carrier but she was turned down and could not afford it. She knew then that she’d be retiring soon and in fact did so in 2011 shortly before trial. Corena testified that he remained in near constant ankle and back pain with leg cramps and shooting pain in his back that left him with a loss of mobility and balance requiring a cane to walk and that he is unable to take long walks, play soccer or basketball, lift or carry his grandchildren, sit for long periods or go out dancing with his wife. Corena, 51 years old at the time of trial, had been a truck driver for the two years before his accident. At the same time, a New York City Police Department lieutenant was on the job driving his unmarked 2005 Ford Escape SUV eastbound on Park Place intending to make a right turn and head southbound on Saratoga Avenue.


He testified, though, that the 2003 injury resulted in minor treatment and he fully healed quickly. The jurors then awarded damages in the sum of $700,000 ($500,000 for decedent’s pre-death conscious pain and suffering  and $200,000 for Mr. Rose suffered any injury separate and apart from his cancer itself which was proximately related to the six month delay in diagnosis. It turns out that an employee of the housing development owner, the New York City Housing Authority (NYCHA), was mowing the lawn over a rocky area. The defendant conceded liability for the incident on the eve of trial and the matter proceeded to a trial on damages only.
Defense counsel contended that plaintiff had fully healed and should be awarded no more than $50,000. She lost consciousness and woke up in an ambulance with head, neck and back pain as well as dizziness and nausea. Under CPLR 4545 , a trial judge may reduce a personal injury verdict if, after a hearing, the judge finds that any element of economic loss encompassed in an award will be replaced by a collateral source in whole or in part.
When classical music was piped into convenience store parking lots, loitering decreased, a study has shown. Cardoza was pepper-sprayed and hit in his right hand repeatedly by an officer’s baton.
2016), the appellate court reinstated the verdict for pain and suffering damages to the extent of $1,650,000 ($400,000 past, $1,250,000 future) and it reinstated $150,000 of the punitive damages awards ($75,000 against each officer). He also said that both police officers will be indemnified for the punitive damages awards and will not have to pay out of pocket. All four lived close to one another in Brooklyn, shared Sunday dinners every week and spent a great deal of other time together each week (along with the daughters’ three young children).
Plaintiff contended that because the accident occurred without witnesses (the bus had no passengers), the only person who could have screamed was the decedent. 2015), the judgments of dismissal entered pursuant to the post-trial decisions were reversed and the jury verdict on the issues of liability and damages was reinstated. A Kings County jury agreed with the plaintiff to an extent – it determined that the city was 60% at fault for the accident (and that plaintiff bore 40% of the fault).
Two days later, she saw an orthopedic surgeon who prescribed physical therapy (which she started two months later) and later recommended surgery. He never returned to work and the jury awarded him past loss of earnings damages in the sum of $150,000. The two cars collided violently in the intersection and the then 49 year old McEachin was injured. 2016), the pain and suffering awards were reduced to $750,000 ($400,000 past, $350,000 future). Rose’s overall condition would have been better, the cancer would not have grown as fast, his quality of life would have been better and he could have had more, better and less sickening treatment. He recovered with an unsightly keloid scar and his ability to engage in sports was significantly impeded because of the muscle and tendon damage.
2016), the appellate court agreed with the defense and held that the pain and suffering award was excessive and ordered a huge reduction to $3,300,000 ($600,000 past, $2,700,000 future).
To do so, though, the collateral source payment must represent reimbursement for a particular category of loss that corresponds to a category of loss for which damages were awarded. In the next two minutes, the officers  approached him and asked for identification whereupon the parties confronted one another and Mr. There was significant unrebutted testimony about how close the daughters and grandchildren were with the decedent, how she provided them all with counseling especially during difficult times and how Ms. Luna was referred to an endocrinologist who examined her two weeks later and told her that her thyroid condition was due to her pregnancy and was benign. Plaintiff himself testified that for almost three months after the accident his wife would give him showers in the kitchen sink and wash his leg. He was diagnosed with anemia (very low hemoglobin), transfused in the hospital and he started feeling better.
Knoch, a 36 year IRS employee (a facilities manager, in charge of three buildings) who was on the job at the time of her fall, returned to work a month or so after the accident while continuing physical therapy until December 2007 (when she started with home exercises). Defendants argued that the entire past loss of earnings award should be set aside because plaintiff did not testify as to  his job duties, his hours and his wages except to the extent that he presented in evidence his W-2 statements for 2008.
Also, before the accident the couple would go out dancing, go to parties and visit family members, things he could no longer do.
2015), the appellate court upheld the jury verdict finding that $250,000 for past pain and suffering is not excessive.
McKibbin was on the ground he heard very shallow breathing, like a small gasp for air, but the defense expert testified that a person exhibiting such so-called agonal breathing who sustained massive trauma like Ms. Furthermore, he described how frustrated he was regarding his disabilities and how this led to his losing his temper and fighting with his wife. The issue of future damages was not addressed by the court because plaintiff did not appeal from the trial judge’s refusal to add such an award. The appellate court, though, reinstated the entire $150,000 verdict for past loss of earnings finding that plaintiff’s documentation was sufficient and his claim for past wages was not speculative.



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