Raul Matos and Stephen Hiraldo had an altercation which turned into a fight outside their apartment building at 161 West 108th Street in Manhattan. Allegedly on December 25, 2015, at approximately 2 A.M., Mr. Matos confronted Mr. Hiraldo on the sidewalk in front of the building and accused his family of stealing money from the building in which they reside. This led to a verbal altercation between the parties. Mr. Hiraldo who was a black belt in karate and a trained martial artist, struck Mr. Matos on the left side of his face. Mr. Matos, who was 36 years old at the time tumbled downstairs and was inflicted with subsequent injuries. As a result of the fall, Mr. Matos had fractures on both side of his jaw bone. These fractures were treated by an open reduction internal fixation surgery which was done to insert a plate and screws into his jaw. This was followed by a second procedure four months later to unwire and remove the equipment. During this treatment, Mr. Matos complained of having ongoing paralysis and extreme pain. Aggrieved, Mr. Matos filed a lawsuit against Mr. Hiraldo.
The lawsuit to seek damages for assault and battery was filed and heard before the Supreme Court, New York County. Mr. Hiraldo defended his actions, asserting that he acted in self-defense. Hiraldo claimed that he was compelled to attack Matos out of concern for his own safety, implying that the force he employed was necessary to safeguard himself from imminent harm. On the other hand, Mr. Matos maintained that the attack on him was unprovoked and he did not inflict any harm to Mr. Hiraldo for him to claim self-defense. Mr. Hiraldo was charged for battery. Upon a review of the evidence and testimonies produced by both parties, the jury determined that both parties were equally liable for the incident. Despite the liability being split equally, the jury awarded pain and suffering damages to Mr. Matos in the amount of $250,000 (pre-apportionment) ($125,000 past – six years, $125,000 future – 35 years). Defendants appealed the judgement.
In Matos v. Hiraldo the Appellate Division, New York Supreme Court upheld the trial court’s decision and reaffirmed the pain and suffering damages in the amount of $250,000 (pre-apportionment) ($125,000 past – six years, $125,000 future – 35 years). Appellate Court determined that an intentional offensive bodily contact occurred without Mr. Matos’ consent which was intended to cause injury to him rather than used in self-defense. The Court acknowledged that although Mr. Matos started a verbal altercation there was no evidence that he attacked Mr. Hiraldo first for him to apply self-defense. The Appellate Court also recognized that Mr. Hiraldo, a black belt in karate and a trained martial artist, had the discipline and skills necessary to employ calculated and controlled force in self-defense. Nevertheless, the force he employed was determined to be excessive and disproportionate to the threat posed by Mr. Matos, which led to a fractured jaw. The court observed that Mr. Hiraldo's actions were not justified as reasonable self-defense, as he should have been able to neutralize the situation without causing such severe injury to Mr. Matos.
Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury cases. We are capable of accepting cases in all regions of New York state, including Canarsie and Prospect Heights. We offer free consultations to all individuals who have been injured and their families who wish to provide support. Our experienced attorneys will meticulously evaluate your case in order to determine how we can be of assistance. We are dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you retain us. To initiate the procedure, please contact us today via our website, email, or phone call.