$1.9 Million Verdict For Fractured Wrist Reduced By Appellate Court

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

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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