Brooklyn Jury Award of $1.4 M to Pedestrian Struck by Taxi Upheld on Appeal
On November 22, 2017, an appellate court upheld a verdict of $800,000 for pain and suffering and $800,000 for future medical expenses awarded to a pedestrian crossing an intersection in midtown Manhattan when he was struck by the defendant taxi driver. The pedestrian suffered a tear of the labrum of his right shoulder with impingement syndrome requiring surgery. He also sustained a torn meniscus of his knee and a bulging disc in his lower back that caused radiating pain down his leg.
The defendant driver and owner of the taxi argued the awards were excessive and that the pedestrian's attorney made unfair comments during the trial. The appellate court rejected those arguments finding the awards were supported by competent evidence and that the defense waived failed to preserve the arguments on alleged unfair comments by the pedestrian's attorney with a timely objection.
NB: The verdict was awarded in July 2014–clear evidence that appeals delay payment for a long time. Fortunately, the law allows the plaintiff 9% per annum interest on the $1.4M from the date of the verdict until present. For each year this $1.4M verdict remains unpaid the defendant will have to add another $126,000 to the verdict in order to satisfy the Judgment. Quijano v American Transit Insurance Company, 2017 WL 561822
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