New York Injury Lawyers Blog

In the accident case, Park v. City of New York, a New York County jury found the defendant liable for injuries suffered by plaintiff on a construction site. The plaintiff suffered a fractured wrist, a fractured elbow/arm, and underwent multiple surgeries with the potential for additional surgeries. He still experiences pain and has a limited range of motion.

The jury returned a verdict in favor of the plaintiff for $2.3 million, which included $1,500,000 for past pain and suffering and $800,000 for future pain and suffering.

On appeal, the First Department affirmed the Trial Court reduction of the verdict to $1,000,000 ($600,000 for past pain and suffering and $400,000 for future pain and suffering.)

The First Department based its decision on several previous cases where the plaintiffs reportedly suffered similar injuries.

In Abdelkader v Shahine, a Kings (Brooklyn) County jury found the defendant obstetrician liable for injuries, namely an Erb's Palsy suffered by the infant-plaintiff, Laila Abdelkader. Erb's palsy is a paralysis of the arm caused by injury to the the arm's main nerves at spinal roots C5-C7. The injury allegedly resulted from the medical malpractice of the defendant physician in connection with the obstetrical care administered during the infant-plaintiff's birth on July 2, 1997.

The jury returned a verdict in favor of the plaintiff for $300,000 for past pain and suffering and $500,000 for future pain and suffering. The Second Department reduced the verdict to $150,000.00 for past pain and suffering and $400,000.00 for future pain and suffering. The Second Department found the original award to be "excessive" and reasoned that the original award "deviated from what would be reasonable compensation."

In the New York personal injury case, Conway v. New York City Transit Authority, 26-year-old Daniel Conway slipped and fell at a Queens (NYC) subway station. He fell on the second highest step of the stairs and suffered fractures of both ankles. He underwent surgery on both ankles a few months later. At trial, an expert surgeon also testified that Mr. Conway will need additional surgeries in the future.

The Queens County jury found that the stairway was not reasonably safe and that the defendant's failure to maintain the stairway caused the accident. They returned a verdict of $1,000,000 ($200,000 for past pain and suffering and $800,000 for future pain and suffering).

On appeal, the New York State Appellate Division, Second Department, upheld the amount of the verdict saying that "the jury's awards for past and future pain and suffering did not deviate materially from what would be considered reasonable compensation."