What’s it Worth? April 28, 2021

FLOYD V. 1710 REALTY, LLC. (5561/12)

REDUCED: December 28, 2016, Appellate Division, Second Department

VENUE: Supreme Kings

TYPE OF CASE: Premises liability

FACTS: A 61-year-old woman was in the shower when the hot water knob fell off of the shower onto her foot, the hot water to come at her “full blast” causing her to fall in the bathtub.

INJURIES:

• The plaintiff suffered a displaced extra-articular distal radius fracture.
• Immediately after the accident, the plaintiff underwent a closed reduction and received a cast which she wore for several weeks.
• One month after the accident, she underwent an open reduction internal fixation surgery and implantation of a metal plate with seven screws. The plaintiff spent eight weeks in a cast after surgery.
• The plaintiff underwent a second surgery ten months later to remove the painful and protruding hardware.
• The plaintiff suffered from mild carpal tunnel syndrome.
• The plaintiff suffered from left median nerve neuropathy
• The plaintiff has a three and a half inch long hypertrophic (keloid) scar at the surgery site.
• The plaintiff suffers limited range of motion. She has an extension of 30º (average being 70º) and flexion of 40º (average being 80º).
• The plaintiff claims to experience continuing pain for which she needs to take a narcotic pain reliever.
• The plaintiff claims to suffer from diminished grip strength, swelling, numbness, sensitivity over her thumb, and tingling in her hand.
• The plaintiff claims that she needs to rely on her daughter to complete every day tasks.
• The plaintiff’s expert orthopedic surgeon opined that she will develop arthritis in her wrist joint in the future, which will require a fusion surgery.
• The defendant’s expert orthopedic surgeon opined that while the plaintiff suffered some range of motion loss, she had no nerve damage or carpal tunnel syndrome, and will require no further surgery.

REDUCTION: The jury awarded $275,000 for the past three years and $800,000 for the future fifteen years of pain and suffering. The Appellate Division, Second Department affirmed the award for past pain and suffering but reduced the future pain and suffering to $500,000. According to the U.S. Bureau of Labor Statistics, $775,000 in 2017 is equivalent to $845,332.40 in 2021.

 

CEDANO V. CITY OF NEW YORK (14687/05)

INCREASED: March 6, 2012, Appellate Division, First Department

VENUE: Supreme Bronx

TYPE OF CASE: Trip and Fall

FACTS: A 54-year-old livery cab driver was crossing the street when he fell on a defective manhole cover.

INJURIES:

• The plaintiff suffered a displaced distal fracture of his right wrist.
• The plaintiff underwent a closed reduction of his right wrist followed by a cast and splint.
• Two weeks after the closed reduction, the plaintiff underwent an open reduction internal fixation surgery including the insertion of a metal plate and five screws.
• The plaintiff received three months of physical therapy.
• The plaintiff developed arthritis in the small joint between his ulna and radius.
• The plaintiff claimed to suffer from continued pain and reduced right hand grip and pinch strength.
• The plaintiff returned to work one month after the accident.

ADDITURE: The jury awarded $250,000 for the past four years and $300,000 for the future twenty-one years of pain and suffering. According to the U.S. Bureau of Labor Statistics, $550,000 in 2012 is equivalent to $642,720 in 2021.

 

DIOUF V. THE NEW YORK CITY TRANSIT AUTHORITY (108095/04)

AFFIRMED: October 28, 2010, Appellate Division First Department

VENUE: Supreme New York

TYPE OF CASE: Slip and Fall

FACTS: A 55-year-old tailor fell while walking down uneven stairs leading into a subway station.

INJURIES:

• The plaintiff suffered a comminuted intra-articular fracture of the distal radius and ulnar styloid of his left wrist.
• The plaintiff suffered a fracture of his distal radius of his right wrist.
• The plaintiff underwent open reduction surgery on his left wrist including insertion of pins to align fractures.
• The plaintiff underwent a second surgery on his left wrist to remove the metal hardware that had been previously inserted into his wrist.
• The plaintiff’s right, dominant hand was casted for six weeks following the accident.
• As a result of the accident, the plaintiff developed traumatic arthritis causing pain in both wrists.
• The plaintiff continues to suffer an irregularity in the area of his distal radius and cystic changes in the carpal bones of his right wrist resulting in damage to the joint surface causing ongoing pain.
• The plaintiff’s left wrist has a non-union of the bone at the ulna-styloid, resulting in pain.
• The plaintiff underwent occupational and physical therapy for approximately a year.
• The plaintiff suffered reduced range of motion, tenderness, and reduced grip strength in both wrists.
• The plaintiff returned to his job as a tailor four months after the accident.
• The expert orthopedic surgeons for both the plaintiff and defense found that the plaintiff lost approximately 1/3 the range of motion in his wrists.

AFFIRMATION: The Appellate Division, First Department upheld the jury award of $200,000 for the past 4.5 years and $800,000 for the future 20 years. According to the U.S. Bureau of Labor Statistics, $1,000,000 in 2010 is equivalent to $1,207,188.25.

 

ALFANSO V. THE NEW YORK CITY TRANSIT AUTHORITY (400038/09)

AFFIRMED: February 26, 2013, Appellate Division, First Department

VENUE: Supreme New York

TYPE OF CASE: Slip and Fall

FACTS: A 52-year-old woman was crossing an intersection in the crosswalk when she was struck by a city bus executing a left turn.

INJURIES:

• The plaintiff suffered a comminuted intra-articular fracture of the distal radial metaphysis with dorsal angulation of the distal fracture fragment of her right, dominant wrist.
• The plaintiff underwent the open reduction internal fixation of her distal radius fracture including eleven screws drilled into and through the bones and intersection of a metal plate to anchor the screws.
• Following the surgery, the plaintiff received physical therapy twice a week for three months.
• The plaintiff claimed that she was unable to work for ten months following the accident.
• The plaintiff claimed that she continues to experience constant pain and diminished grip strength.
• The plaintiff also claimed to suffer right shoulder pain.
• The plaintiff underwent three months of outpatient physical therapy and continues to experience limited range of motion in her right shoulder.
• The plaintiff claimed to experience aggravation of her herniated disc at C5-C6.
• The plaintiff’s expert orthopedic surgeon opined that the plaintiff suffered diminished range of motion in her wrist and a weak grasp which will worsen with arthritis. The expert also testified that the plaintiff’s disc herniation resulted in stiffness and an inability to fully turn her head.
• The defense’s expert neurologist testified that he could not tell whether or not the cervical injury resulted from the accident.

AFFIRMATION: The Appellate Division, First Department affirmed the jury award of $450,000 for the past three years and $800,00 for the future twenty-seven years of pain and suffering. According to the U.S. Bureau of Labor Statistics, $1,250,000 in 2013 is equivalent to $1,427,685.86.