Pedestrian Knockdown - Knee/Back Injury But No Surgery - Jury Verdict of $790,000 Reduced By Appellate Court to $500,000
On December 16, 2016 an Appellate Court vacated an Order of a Brooklyn Civil Court Judge who denied defendants' motion to set aside a jury verdict awarding the plaintiff/pedestrian $790,000. The plaintiff was crossing a street at the intersection of Nostrand Avenue and Clifton Place when she was struck by the defendant's car. The pedestrian suffered injuries (undescribed) to her knee and lower back, but apparently didn't require surgery. The jury awarded $315,000 for past pain and suffering, $300,000 for future pain and suffering and $175,000 for future medical expenses.
The Appellate Court found the awards for pain and suffering excessive and gave the plaintiff a choice. Either return for a new trial on damages before a new jury panel - or - file a stipulation agreeing to accept $175,000 for past pain and suffering and $150,000 for future pain and suffering. The award of $175,000 for future medical expenses was not challenged. End result--the Appellate Court cut the pedestrian's recovery from $790,000 to $500,000. Rankins v Mogrovejo, 2016 WL 7437016
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