What’s it Worth? June 17, 2020

Due to the COVID-19 pandemic, courts are essentially closed, cases are not being tried, and verdicts are not being reached. While this has led to a very uncertain legal environment, The Law Firm of Connors & Connors is here to help provide any guidance we can to assist you in evaluating and resolving cases. Each week, we will send out a newsletter discussing personal injury cases from around New York State that were decided before the pandemic and those that have been settled since the start of COVID-19 so that you, our loyal clients, will be better equipped to analyze and settle your cases. If you have any questions about these or other cases, please do not hesitate to give us a call!

 

CULLEN V. THUMSER, ET AL. (3918/14)

DECIDED: December 18, 2019

TYPE OF CASE: Car accident

VENUE: Supreme Court of the State of New York, Appellate Division, Second Department

FACTS: A car drove through a stop sign and crashed into the car of a 53 year old man. Only damages were addressed during the trial because the defendant conceded full liability for the accident.

INJURIES:

• Complete tear of the medial meniscus, requiring arthroscopic partial medial meniscectomy with resection of approximately 50% of the meniscus of the right knee – Tear of right meniscus resulting in a removal of half of the meniscus. The plaintiff’s expert claims that the knee now suffers from decreased range of motion and permanent recurring pain. According to the defendant’s expert, however the plaintiff had pre-existing degeneration of the knee (which the plaintiff testified was never treated as he was asymptomatic), thus it is unlikely that the car accident caused his knee injury. The injury could have likely occurred during the plaintiff’s robust basketball career which began in high school and continued for several years after college.

1. Ulnar collateral ligament partial tear if the left thumb, resulting in diminished range of motion and strength – Partial tear of ligament in the thumb on his dominant hand. The cause of the plaintiff’s unstable thumb is uncertain but could become chronic without surgery. Despite the surgery, the plaintiff’s thumb will never return to normal
2. During the trial, the plaintiff claimed that he had swelling in his knee and hand on “good days” and would take Tylenol and Motrin for pain. He also expressed difficulty getting dressed, gripping things, using tools, exercising, and playing softball with his daughter.

VERDICT: While the plaintiff requested $350,000 for pain and suffering ($50,000 for the knee and $300,000 for the hand), the jury awarded $25,000 in past pain and suffering. The plaintiff claimed that the damages awarded were inadequate, so the appellate court ordered an increase in the damages verdict to $150,000 ($100,000 past and $50,000 future- 19 years).

 

MAURER V. COLTON (180 A.D.3d 1371, 2020 WL 594976)

DECIDED: February 7, 2020

TYPE OF CASE: Hit in rear

VENUE: Supreme Court of the State of New York, Appellate Division, Fourth Department

FACTS: 62 year old woman was stopped in her car waiting to turn left into a driveway when she was struck in the rear.

INJURIES:

1. Complete medical meniscus tear and Grade III chondromalacia requiring two arthroscopic meniscectomies and chondroplasties- knee replacement surgery may be required in the next 5-10 years.
2. L2 inferior end plate compression fracture and herniated discs at L1-4 (and at other lumbar levels), with radiating pain and permanent significant losses of range of motion (and a two level discectomy and fusion surgery may be required in the future).
3. Herniated discs at C4-7 (and at other cervical levels), with radiating pain and permanent significant losses of range of motion (and a three level discectomy and fusion surgery may be required in the future).
4. The plaintiff claimed diminished range of motion in her neck and back, however the defense’s medical expert found that this partial disability was due to an aggravated pre-existing condition.

VERDICT: The appellate court granted $588,000 in pain and suffering ($108,000 past- three years and $480,000 future- 20 years), which was increased from the district court’s award of $374,000 ($108,000 past, $266,000 future).

 

THOMAS V. NEW YORK CITY HOUSING AUTHORITY

DECIDED: February 13, 2013

TYPE OF CASE: Slip and fall

VENUE: Supreme Court of the State of New York, Appellate Division, First Department

FACTS: A 51 year old man slipped and fell on what he claims was urine and feces in a Bronx apartment building, resulting in an ankle injury. He did not seek medical treatment for three days after the accident.

INJURIES:

1. Bimalleolar left ankle fracture with deltoid ligament rupture and displacement oblique fibula fracture- a fracture to both the inner and outer side of the ankle that almost always requires surgical treatment. The fracture resulted in two surgeries. The first was an open reduction internal fixation with removal of scar tissue, ligament repair and placement of a six hole metal plate and five screws. 2.5 years later, the second surgery involved an arthroscopic removal of hardware and scar tissue.
2. The plaintiff now suffers from post-traumatic arthritis, occasional uses a cane, and cannot walk long distances or engage in sports.

VERDICT: The jury awarded $70,000 in past pain and suffering. Upon the plaintiff’s appeal, the appellate court increased the award to $375,000 ($275,000 past and $100,000 future).

 

BRENNAN V. GORMLEY (8377/15)

DECIDED: March 4, 2020

TYPE OF CASE: Slip and fall

VENUE: Supreme Court of the State of New York, Appellate Division, Second Department

FACTS: 66 year old woman fell on the exterior steps, which she claims were covered with leaves, of a private home for which she was a care taker.

INJURIES:

1. Displaced femoral neck fracture requiring hemiarthroplasty with ball and socket – Partial hip replacement.
2. Fractures of ulnar styloid process and distal region of radius requiring surgery to insert pins into wrist (pins were removed one month later) ­– Wrist fracture of the non-dominant hand.
3. Four day hospitalization, six weeks home health aide and physical therapy, and six weeks of limited ambulation with walker.
4. Unable to return to work, climb stairs without difficulty, limited ability to do housework, and ability to walk for exercise reduced to one-half mile a day from 1.5 miles a day.

VERDICT: $600,000 in pain and suffering ($400,000 past- four years and $200,000 future- sixteen years).

 

GLYNN V. ALTOBELLI (50517/15)

DECIDED: March 4, 2020

TYPE OF CASE: Car-bike collision

VENUE: Supreme Court of the State of New York, Appellate Division, Second Department

FACTS: A 68 year old man was riding his bike and as he was turning left at an intersection, collided with the passenger side of a car.

INJURIES:

1. Bennett fracture of the dominant hand: a fracture of the base of the thumb resulting from a forced abduction of the first metacarpal. It is a two part fracture of the first metacarpal bone.
2. Open reduction internal fixation surgery to reduce the fracture by inserting three pins, which were removed one month later.
3. The plaintiff was in a cast for six weeks, and received physical therapy for four months along with cortisone injections.
4. Post-traumatic arthritis, decreased range of motion, and fibrosis.
5. The treating surgeon testified that the plain and limitations are permanent, will worsen, and will likely result in future surgery.

PLAINTIFF’S TESTIMONY OF INJURIES:

1. Stiffness and lack of dexterity in hand.
2. Constant low level pain and occasional burning pain.
3. Limitations on his life activities, such as lifelong banjo playing, exercising, and writing computer code, which is especially burdensome as he is a professional coder.

VERDICT: The jury decided that the accident was 100% the fault of the driver and awarded $358,000 ($24,000 past- three years and $334,000 future- 15 years). The appellate court reduced the damages to a total of $300,000 ($100,000 past and $200,000 future).