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Appellate Court Uphold's Low Jury Award to Motorcyclist For Ankle Fracture

On July 24, 2019, an appellate court reviewed a Westchester County jury verdict that was claimed to be so low and inadequate as to "deviate materially from what would be [considered] reasonable compensation." The plaintiff was 30 years old at the time of trial and had fractured his ankle in a motorcycle accident with another motorist. The plaintiff fractured his distal fibula which required surgery to treat using a metal plate and screws which he will have to live with for the rest of his life. The plaintiff testified that it took him one year to recover following the surgery, that he can no longer run and experiences daily discomfort while walking.The jury awarded damages of $162,500 for 3 years of past pain and suffering and $67,500 for the future 40 years the plaintiff was expected to live with this injury. The award for the future 40 years works out to less than $1700 per year. The plaintiff moved to set aside the damages verdict and for a new trial solely on that issue.

Both the trial court and appellate court refused to set aside this jury verdict, though extremely low, finding that it was within the range of fairness. The appellate court noted that the plaintiff's own physician testified that he had made a "good recovery" and the defendant's doctor testified he had made an "excellent recovery", There was no evidence that future surgery would be necessary. Since the jury found the plaintiff 55% at fault for the accident, the $230,000 total award will be reduced by that percentage ($126,500) for a net recovery of $103,500. Diaz v Dadabo, 2019 NY Slip Op

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 of 2011" and "Top New York Settlements of 2012." 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 is 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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