Wrist Fracture, Surgical Repair - Manhattan Jury Verdict of $750,000 Upheld on Appeal
A 57 year old United States Diplomat slipped and fell at a gym on a wet floor in Manhattan and fractured two wrist bones (dominant R hand) which required surgery to repair. Having proved to a jury that the stairs where he fell had worn grip tape at the edge of the treads of each tread and that the entry mats were so saturated with water that the mats had lost their efficacy, a jury found that the gym was negligent in failing to maintain reasonably safe premises.
On December 19, 2019, an appellate court covering Manhattan jury trials, refused to reduce the jury's award of $350,000 for 5 years of past pain and suffering and $400,000 for 20 years of future pain and suffering. The plaintiff suffered a comminuted fracture of the distal radius and a fracture of the ulnar styloid bone. An open reduction and internal fixation was performed to close the fractures with 10 screws and a metal plate. The plaintiff was an avid recreational tennis player and yoga enthusiast who can no longer participate in those activities without pain and weakness. Worse as a diplomat, the plaintiff explained that he often experiences pain when shaking hands with others using a firm grasp. Farsakh v. New York Sports Club, 2019 WL 7161091
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