Pedestrian Struck By Car - Bronx Jury Awards $750,000 For Simple Fracture of Tibia (Shin Bone) Reduced By Court To $450,000
On July 13, 2017, an Appellate Court covering the Bronx found that a jury award for a simple fracture of the tibia (shin) bone was too generous and reduced it from $750,000 to $450,000. The Trial Court had wanted to knock the verdict down from $750,000 to $250,000 but the Appellate Court thought that was too stingy.
Apparently, the plaintiff was a parking garage attendant who was checking a car's rear license plate when the defendant's vehicle struck and pinned him between the two cars for 3- 5 minutes. The plaintiff claimed that he also suffered a meniscal tear requiring arthroscopic surgery and will need a total knee replacement in the future. The defense argued that there were pre-existing lesions in the cartilage of the knee (meniscus) unrelated to the accident. Ahumada v Drogan, 2017 WL 2978196