Appeals Court Upholds Bronx Jury Award Of $2M For Pain & Suffering To 28 Yr Old Painter Who Fell Off Ladder
On April 29, 2021, an appellate court approved a Bronx jury award of $2,050,000 for 6 years of past pain and suffering ($550,000) and 40 years of future pain and suffering ($1,500,000). The injuries occurred when the plaintiff, then age 28, working as a painter fell from a ladder. The painter fractured his dominant wrist requiring two surgeries one of which failed. These surgeries resulted in a poor outcome, significantly and permanently limiting the range of motion in his wrist and hand. He also suffered two bulging lumbar discs which will likely lead to the necessity of a cane to facilitate his walking sometime in the future.
The injured painter explained to the jury that he is in constant pain, wears a back and wrist brace at all times, which prevents him from activities such as cleaning or caring for his two young children. The medical expert presented on behalf of the painter testified that he would never be employable, even in a sedentary capacity and that his pain would remain constant for the rest of his life. The jury also awarded lost wages and medical expenses which brought the total verdict to $3.8M. Henriguez-Rodriguez v 160 West 118th Street Corp, 193 A.D. 3d 645 (1st Dept. 2021)