Nassau County Jury Verdict for $1.2M For Knee/Back Injuries Restored by Appellate Court

On April 13, 2022, the Second Department reversed Justice Thomas Feinman who presided over a damages trial of a 42 year old delivery driver who was rear-ended by a Nassau County police car in Hempstead, New York. Liability was established as a matter of law by pre-trial motion. Justice Feinman had reduced a jury verdict of $1,200,000 to $220,000 by: 1) eliminating an award of $700,000 for future medical expenses on the ground that plaintiff's treating physician had impermissibly engaged in rank speculation; and, 2) reducing an award for future pain and suffering of $380,000 to $100,000. Basically, the plaintiff suffered meniscal tears in his knee that required an arthroscopic surgery and two herniated lumbar discs which were treated with epidural steroid injections. The plaintiff also suffered a strain in one shoulder but did not require surgery.

The Appellate Court cited only one reason for reinstating the full jury verdict of $1,200,000 verdict - the defense filed their post-trial motion "more than 15 days after the jury verdict was rendered, without good cause shown for the delay." CPLR 4404(a). As such the appellate court did not discuss the merits of Nassau County's arguments to deprive the plaintiff of fair and reasonable compensation. Galarza v Heaney, 2022 N.Y. Slip Op. 02395

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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