On January 9, 2024, a New York State appellate court unanimously affirmed that Bronx Supreme Court Justice Leticia Ramirez properly cut over $5M from a jury verdict of $6,765,762 to $1,277,762. The case involved a 39 year old construction worker who fell from a defective ladder that wobbled due to the absence of a rubber foot. Liability was found in favor of the construction worker on a pre-trial motion based on a violation of Labor Law Section 240 (1), despite defendant's claim that plaintiff bore sole responsibility for his injuries since it was obvious the ladder was defective. The jury verdict was rendered in June of 2022 (more than ten years after the accident) and was based on the following injuries: fractured non-dominant wrist (distal radial and ulnar) treated with casting, shoulder impingement and complex regional pain syndrome (CRPS).

The biggest hit to plaintiff's recovery was the Court's finding, as a matter of law, that there was insufficient evidence of CRPS. The appellate court noted that four of plaintiff's doctors and four defense experts found no evidence of CRPS. The two physician's who testified in support of a CRPS diagnosis were found to have given inconsistent or questionable testimony as a matter of law. As such, the $1M award for 10 years of past pain and suffering was reduced to $250,000; the $2M award for 37 years of future pain and suffering was reduced to $450,000; the award of $1M for future lost wages over 21 years was reduced to $302,000; and, the $2.5M award for future medical care over the next 37 years was reduced to $10,000. Only the award of $265,000 for past lost wages was left untouched. Sinera v Embassy House Eat LLC, 2024 WL 86568