Summer is over. Football is here with fans in the stands. Novak lost but a teenager who had to play in the qualifying round won the Women’s Final in the US Open without losing a set. AOC attended of all events the Met Gala on Monday night wearing a Tax the Rich gown and Broadway reopened on Tuesday night with Hamilton reminding us “I’m not going to miss my shot”. The kids are back in class and actually happy to be there. Let’s hope we are nearing the end of the shutdowns and the beginning of a joyful time of year. Now for WIW’s cases.
HENRY V. NEW JERSEY TRANSIT CORP (156496/15)
AFFIRMED: June 3, 2021, Appellate Division, First Department
VENUE: Supreme New York
TYPE OF CASE: Automobile Liability
FACTS: A 54-year-old woman was thrown to the floor of the bus on which she was a standing when the bus was hit by another vehicle.
INJURIES:
- The plaintiff suffered a three-part proximal humerus fracture dislocation.
- The plaintiff underwent an emergent open reduction internal fixation with the insertion of plates and screws.
- Ten months after the accident, the plaintiff underwent a subacromial decompression and debridement of the glenohumeral joint and rotator cuff.
- The plaintiff received physical therapy for one year following the accident.
- The plaintiff claimed continuing and permanent pain, decreased rotator cuff strength, and decreased range of motion.
- The plaintiff was left with a significant scar as a result of the accident and subsequent surgeries.
- The defense counsel argued that the plaintiff made a good recovery and that her ongoing disabilities were not permanent.
AFFIRMATION: The jury awarded $400,000 for the past four years and $400,000 for the future twenty-one years of pain and suffering. The Appellate Division, First Department affirmed the $800,000 jury award.
KOPOLOVITCH V. 200 WATER SPR LLC (101493/12)
AFFIRMED: April 29, 2021, Appellate Division, First Department
VENUE: Supreme New York
TYPE OF CASE: Slip and Fall
FACTS: A 53-year-old was helping her son move out of his apartment when she slipped and fell on a cement loading dock which had just been mopped.
INJURIES:
- Immediately after the accident, the plaintiff was taken to the hospital via ambulance where she was diagnosed with a ruptured detached hamstring muscle in her right leg. She was prescribed pain killers and released.
- The plaintiff underwent physical therapy for seven months after the accident
- The plaintiff claimed to develop right knee pain during physical therapy.
- The plaintiff was diagnosed with a torn meniscus in her right knee.
- Three years after the accident, the plaintiff underwent an arthroscopic medial meniscectomy.
- Four years after the accident, the plaintiff underwent a partial knee replacement.
- The plaintiff claims to experience continuing pain which necessitates the use of daily anti-inflammatories and a knee brace.
- The plaintiff’s treating orthopedic surgeon testified that although her hamstring eventially healed, she had scarring and fibrosis which affected her gait causing complications including arthritis in her knee, the need for both of her knee surgeries and the likelihood of a future total knee replacement surgery.
- The defendants’ orthopedic expert testified that plaintiff had preexisting arthritis in her knee and that neither knee surgery was related to her 2011 slip and fall accident.
AFFIRMATION: The jury assigned 90% of the liability to the plaintiff and only 10% to the defendant. The jury awarded $100,000 for the past seven and a half years of pain and suffering. The Appellate Division, First Department affirmed the jury’s assessments for both liability and damages, therefore the plaintiff was awarded $10,000.
KAPASSAKIS V. METROPOLITAN TRANSIT AUTHORITY (23625/10)
INCREASED: April 14, 2021, Appellate Division, Second Department
VENUE: Supreme Nassau
TYPE OF CASE: Automobile Liability
FACTS: A 42-year-old woman was stopped at a light when she was struck in the rear by a city bus,
INJURIES:
- The plaintiff suffered a herniated disc at C6-C7.
- The plaintiff underwent a discectomy and fusion at C6-C7, followed by a subsequent discectomy and fusion at C5-C6 and the permanent placement of a titanium plate and four screws.
- The plaintiff also claim to have sustained a torn meniscus.
- The plaintiff underwent arthroscopic surgery including debridement and scraping behind the patella.
- The plaintiff claims that she will likely require a total knee replacement.
- The plaintiff claims to have ongoing pain and limited range of motion in her knee.
- Prior to the accident in question, the plaintiff suffered widespread neck and back pain as a result of a previous motor vehicle accident.
- The defense counsel argued that the plaintiff had preexisting degenerative disease in her cervical spine and knee.
ADDITUR: The jury awarded $75,000 for the past six years of pain and suffering and nothing for future pain and suffering. The Appellate Division, Second Department increased the award for past pain and suffering to $200,000. The Second Department affirmed the jury’s verdict of no damages for future pain and suffering.