Bronx Jury Award of $18M For Pain & Suffering Reduced to $2.2M
On February 19, 2020 an appellate court decided what it believed was fair and reasonable compensation for a 9 year old girl involved in a skiing accident, who fractured her right femur (thigh bone) requiring surgery and developed a leg length discrepancy because the fracture involved the growth plate. The jury had awarded the young lady $18,000,000 for pain and suffering (3M past and $15M for the next 66 years of her life) which the appeals court considered excessive. The Court recognized the severity of a Salter-Harris Type 2 femur fracture with screw fixation and a shortening of the leg by 1.4 centimeters - carries a risk of future surgery and other medical problems associated with altered gait. However, unless the plaintiff agrees to accept a reduction to $950,000 for past pain and suffering and $1,250,000 for the future--the defendant ski resort will be allowed a retrial. Zhou v Tuxedo Ridge, LLC, 2020 WL 808292
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