Brooklyn Jury Verdict of $600,000 for 12 Yr Old Girl Upheld On Appeal

On August 11, 2021, an appeals court covering Kings County upheld the decision of Justice Silber which denied a post-trial motion by the NYC Transit Authority to set aside a jury verdict in favor of a then 12 year old girl who slipped and fell on a puddle of water at the Grand Army Plaza subway station in 2011. At trial in 2019, the jury awarded the young lady $200,000 for past pain and suffering and $400,000 for future pain and suffering. (The injuries were not described in the decision or publicly available online). Interestingly, the NYCTA raised two issues on appeal: whether the amounts awarded were excessive; and, whether the verdict was inconsistent because the jury found that the young lady was also negligent but that her negligence was NOT a proximate cause of the accident. 

The appeals court found that the sums awarded did not deviate materially from what would be considered reasonable compensation and that "the jury's determination is entitled to great deference." It was also held as to the second argument that "the issues of negligence and proximate cause were not inextricably interwoven, and the jury's determination that the plaintiff was negligent but that her negligence was not a proximate cause of the accident was supported by a fair interpretation of the evidence." Olive v New York City Transit Authority, 2021 NY Slip Op 04666

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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