On December 28, 2016, an Appellate Court covering Long Island, Queens and Brooklyn upheld a jury verdict in 2014 against a landlord in favor of an injured tenant but reduced the damage award as excessive. In 2011 the plaintiff tenant was showering one morning in her Brooklyn apartment when the hot water knob fell of the wall onto her foot which caused hot water to come out "full blast". As a result, the plaintiff fell in the bathtub and fractured her wrist. There was testimony that the plaintiff and her daughter had made numerous complaints (before the accident) to the building superintendent that the hot water knob was loose and that water was leaking from the knob.
The jury awarded $275,000 for past pain and suffering, $800,000 for future pain and suffering, $75,000 for past medical expenses and $750,000 for future medical expenses - all totaling $1.9 million dollars. The Appellate Court stated that unless the plaintiff agreed to accept the following reductions, that the damages case would have to be retried before a new jury: future pain and suffering reduced to $500,000; past medical expenses reduced to $45,000; and, future medical expenses reduced to $140,000. (The Appellate Court stated that the trial judge should not have allowed the plaintiff's medical expert to testify about the plaintiff's need for a future wrist fusion surgery at a cost of $80,000 as there was no disclosure of this claim prior to trial.) Floyd v. 1710 Realty, LLC 2016 WL 7445447