Brooklyn Jury Awards $3M For Pain & Suffering to 70 Yr. Old Roofer-Appellate Court Reduces to $2M

On January 12, 2022, an appellate court modified a Brooklyn jury's verdict for pain and suffering of $3,000,000 ($2M past 3 years and $1M future 10 years) and reduced it to $2,000,000. The plaintiff was a 70 year old male roofer employed by a contractor to provide roofing services to the defendant NYC Housing Authority. A co-worker fell 20 feet off of a water tank and landed on the plaintiff resulting in multiple fractures to plaintiff's left hip. The surgery on his left hip resulted in a "foot drop" condition with constant leg pain due to nerve damage. Plaintiff spent 4 months in a rehab facility and ultimately required a total hip replacement. He was also diagnosed with a leg length discrepancy, constant pain and required crutches to walk even short distances.

The trial court declined to modify the award but the appellate court disagreed with not only the pain and suffering award but even the future lost wages awarded. The appellate court also reduced the amount awarded for future lost wages over 7 years from $132,000 to $99,000 based on the plaintiff's testimony that he had been earning $33,000 per year and had intended to work "as long as he could, maybe until age 76-77."  There was no challenge to the jury's award of $1,000,000 for past and future medical expenses or the award of $104,000 for past lost wages. Fortune v New York City Housing Authority, 2022 WL 108341

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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