Queens Judge Wipes Out $1M Punitive Award and Reduces $2M Future Pain & Suffering to $250,000

In a recent decision by a Queens County Judge, a 27 year old female who had won an award of $1,000,000 past pain and suffering; $1,000,000 in punitive damages; and, $2,000,000 for future pain and suffering had most of her recovery wiped out. The award for punitive damages was dismissed as a matter of law and the future pain and suffering award for over five years was cut from $2,000,000 to $250,000.

The plaintiff was a patron of a large outdoor beer garden. She was being escorted out by a bouncer following an argument with another patron. She claimed the bouncer shoved her down a flight of six concrete steps--landed on her face and fractured her upper jaw. There was evidence this same bouncer had previously used excessive force on other patrons, and that the corporate defendant was well aware of his violent tendencies.

Surgery was required to treat the fractures with implantation of 4 plates and 16 screws. The treating oral surgeon testified that plaintiff was at a 50% risk of losing 4 teeth in her upper jaw and a lifetime increased risk of losing every other tooth in the upper jaw due to the incident. "In such instance, plaintiff would require a bone graft and four dental implants, at a total estimated cost of $30,000." Bar-Levy v 35-33 36th St. Corp., 2017 WL 4248884

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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