Appellate Court Upholds Brooklyn Jury Award of $5.5M For Pain & Suffering Caused By Loss of Big Toe
On July 27, 2022, the Appellate Division, Second Department sustained a Kings County jury award of $3,000,000 for 5 years of past pain and suffering and $2,000,000 for 30 years of future pain and suffering to a 47 year old pedestrian whose foot was carelessly run over by a bus. The plaintiff "sustained a crush degloving injury to his left foot, an open fracture of the big toe, an open dislocation of the first metatarsal joint, open fractures and dislocations of the second through fifth toes." An emergency surgery included the "amputation of his big toe, and setting fractures in his remaining four toes." The victim was hospitalized for 29 days and underwent further procedures to remove the fixation wires and skin grafts from the thigh/hip to the top of his foot.
Prior to the accident the plaintiff had been actively involved in long walks, hiking and was employed as a salesman. He will require future surgeries to relieve neurogenic pain from arthritic changes in his toes. He has never returned to his former employment. Wynter v Transdev Services, 2022 WL 2962681
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment