Bronx Jury Verdict of $6.7M Slashed to $1.2M By Trial Court Judge Who Is Upheld on Appeal

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

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 " and "Top New York Settlements." 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 was 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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