Just like the election results in the swing states, this week’s edition of What’s it Worth was delayed. Like last week, we are again focusing on soft tissue knee injuries, the sustainable values of which are uncomfortably high. Speaking of uncomfortably high, the reports of new COVID 19 cases continues to grow. We wonder how the increasing number of such cases will influence many aspects of our lives including the court system. All we can say is continue to wash your hands, wear a mask and keep your distance.
REYES V. NEW YORK CITY TRANSIT AUTHORITY (14619, 3062621/10)
AFFIRMED: March 24, 2015, Appellate Division, First Department
VENUE: Supreme Bronx
TYPE OF CASE: Trip and Fall
FACTS: The plaintiff was walking on the sidewalk with her daughter when she tripped over a defect on the sidewalk.
INJURIES:
- The plaintiff suffered a tear of the medial meniscus of her left knee.
- The plaintiff suffered a laceration requiring 15 staples and 3 bulging discs to her lumbar spine.
- The plaintiff has developed posttraumatic arthritis in her left knee.
- The plaintiff received physical therapy weekly for 2 years.
- After the physical therapy was found to be unsuccessful, the plaintiff underwent arthroscopic surgery on her left knee.
- Following the surgery, the plaintiff claimed to experience continued pain, walk with a limp, and use a cane.
- The plaintiff claimed that she was unable to return to work as a street vendor because she has difficulty standing.
- The plaintiff’s treating orthopedic surgeon opined that the plaintiff would need a total knee replacement, since the cartilage damage was severe and permanent.
AFFIRMED: The jury awarded $750,000 for future pain and suffering. The Appellate Division, First Department affirmed the jury award. According to the Bureau of Labor Statistics, $750,000 in 2015 is equivalent to $835,276.65 in 2020.
RIOS V. NEW YORK CITY TRANSIT AUTHORITY (101470/2005)
DECIDED: April 19, 2020
VENUE: Supreme New York
TYPE OF CASE: Trip and Fall
FACTS: A 70-year-old was riding an escalator when it suddenly stopped causing her to fall.
INJURIES:
- The plaintiff suffered from a torn meniscus in her left knee.
- The plaintiff underwent surgery to repair her meniscus and may require a subsequent knee replacement.
- The plaintiff claimed that she continues to experience pain in her left knee and requires a cane to walk.
- The plaintiff claimed to suffer from a lumbar radiculopathy.
- The plaintiff claimed to sustain a left shoulder injury.
VERDICT: The jury awarded $750,000 for past and $800,000 for the future 12 years of pain and suffering. According to the Bureau of Labor Statistics, $1,550,000 in 2010 is equivalent to $1,861,828.35 in 2020.
FLORES V. NEW YORK CITY TRANSIT AUTHORITY (15618/2007)
AFFIRMED: February 16, 2017, Appellate Division, First Department
VENUE: Supreme Bronx
TYPE OF CASE: Trip and Fall
FACTS: Plaintiff was on a subway platform when he tripped on a broken piece of wood causing him to attempt to gain his balance by holding the train door in turn causing his right leg to slip between the gap between the train and the platform edge.
INJURIES:
- The plaintiff claimed to suffer from a torn meniscus and large femoral condyle defect with loose cartilage to his left knee.
- Two months after the accident, the plaintiff underwent an arthroscopy, chondroplasty, medial femoral condyle synovectomy, and a partial meniscectomy.
- The plaintiff also received orthovisc injections.
- The plaintiff claimed to suffer from a painful ambulation.
- The plaintiff’s treating physician opined that his quadricep muscle was wasting, resulting in atrophy.
- The physician testified that plaintiff’s injuries were permanent in nature, he was totally disabled and unable to work for more than seven months after the accident and that he had also received epidural and orthovisc injections.
- The treating physician opined that the plaintiff may require another arthroscopic surgery in the future.
- The plaintiff also claimed to severe back pain, spasms, decreased range of motion and chronic intractable lumbar radiculopathy.
AFFIRMED: The jury awarded $266,000 for the past seven years and $375,000 for future pain and suffering. The Appellate Division, First Department upheld the jury verdict. According to the Bureau of Labor and Statistics, $641,000 in 2017 is equivalent to $687,037.42 in 2020.
