Suffolk County Jury Award of $4.2M for Pain and Suffering Reduced to $2M

On August 15, 2018, the appellate court covering Suffolk County upheld the Order of Justice Tarantino which lopped off $2,200,000 from a jury verdict. The Suffolk County jury awarded a then 46 year old construction worker $4,200,000 for the pain he suffered due to a fall of only two feet from a scaffold while engaged in removing asbestos caulking from the windows of the Plaza Hotel. This was a damages only trial as the Court found the defendant responsible based on a pre-trial motion.

 The plaintiff underwent surgery to repair an inguinal hernia and spinal fusion surgery to treat several herniated discs in his lower back. There was testimony that the construction worker experienced "excruciating pain, radiculapothy, drop foot and RSD" (reflex sympathetic dystrophy syndrome). The spinal surgery failed to bring relief and caused the plaintiff to suffer urinary incontinence - all of which resulted in a permanent disability that prevents him from working. The award for the past pain and suffering (over 9 years) of $2,000,000 was cut to $750,000 and the award for future pain and suffering (over the next 23 years) was reduced from $3,000,000 to $1,250,000. The total award sustained for pain and suffering was $2,000,000. The plaintiff was separately awarded an additional $2,000,000 for wages and/or medicals which was not contested on appeal. Garcia v CPS 1Realty, 2018 WL 3863288

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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