On July 1, 2016 a Manhattan federal Court Judge overruled a jury award of $400,000 to a 56 year old male car accident victim who fractured his shoulder resulting in two surgeries. On October 22, 2016, the plaintiff's van collided with the defendant's tractor trailer in the Bronx. The defendant blamed the plaintiff for the accident but the jury found that only the defendant was to blame.
The jury awarded the plaintiff $30,000 for past pain and suffering, $100,000 for future pain and $270,000 for lost wages and medical expenses (total award of $400,000). The plaintiff's attorney filed a motion stating that the award was lower than what juries usually award for those injuries and requested the Judge to increase the award or grant him a new trial with a new jury.
The Federal Court Judge agreed with the plaintiff and advised the defense that unless they agreed to pay the plaintiff double the jury award for past and future pain and suffering ($260,000 v $130,000) for a total of $530,000, he would grant the plaintiff a new trial on the value of the injuries.