On June 29, 2023, a not so conservative Westchester County, New York jury awarded $11,036,539 to a 38 year old man who was struck by a falling fence on a construction site undergoing demolition. The owner of the property was found 100% liable on a pre-trial unopposed motion for summary judgment. The plaintiff worked at a garage next door to the construction site which had hired a demolition company to dismantle the buildings on a former used car lot. While walking across the used car lot, the gate of the fence being dismantled fell directly onto the plaintiff. The plaintiff suffered spinal injuries requiring a cervical discectomy and fusion. He also suffered significant soft tissue injuries to his knee requiring surgery.

The jury awarded $1M for past pain and suffering, $2.5M for 31 years of future pain and suffering; $2.257M for past and 20 years of future lost wages; and, $5.3M for past & 31 years of future medical expenses. The verdict was unanimous. As of 8/15/23, there was no post-trial motion, Judgment entered or Notice of Appeal filed strongly suggesting the verdict was settled for a lesser sum. Flores v BW 138 South Main Street LLC, 2023 WL 5175388