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Manhattan Judge Increases Jury Award From $252,000 to $802,000 For Foot Fractures & Multiple Surgeries

On July 5, 2018, Manhattan Supreme Court Justice d'Auguste agreed that a jury award of $100,000 for past pain and suffering, $152,000 for future medical expenses and zero for future pain and suffering to a 38 year old man was both inconsistent and insufficient as a matter of law. The plaintiff was riding a motorcycle and the defendant was driving a BMW when both entered onto the FDR Drive at the same location traveling at a low speed and collided as they merged into a single lane.

The jury found both the plaintiff 50% at fault and the defendant 50% at fault for the accident. The plaintiff motorcyclist suffered a serious Lisfranc injury of the foot with multiple fractures and ligament tears. He had one surgery to install screws/hardware to stabilize the fractures but there was a non-union of the tarsometatarsal compounded by traumatic arthritis. A second surgery was needed to remove the old hardware and install new hardware.

The jury recognized that the motorcyclist would need future medical care because "he still has a permanent non-union of the first tarsometatarsal joint" and awarded him $152,000 for future medical expenses. Obviously the jury's refusal to compensate the motorcyclist for his future pain and suffering, even while recognizing he would need substantial medical care into the future, was clearly inconsistent. The award of only $100,000 for five years of pain was extremely inadequate considering the exquisite pain that accompanies a foot injury which bears the weight of the entire body.   

The Court increased the jury award for five years of past pain and suffering from $100,000 to $375,000 and awarded $275,000 for future pain and suffering. The plaintiff's award as modified, along with the future medical expenses, totaled $802,000 which was then properly cut in half to $401,000 because of the jury finding of 50% fault against the plaintiff. Torbati v Heidings, 2018 WL 3364563

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 of 2011" and "Top New York Settlements of 2012." 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 is 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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