In 2017, 35-year-old plaintiff was injured in a motor vehicle accident with defendants’ police vehicle. The injured plaintiff and his wife, as derivative plaintiff, sued defendants to recover damages for personal injuries.
At trial in the Supreme Court, Nassau County (Leonard D. Steinman, J.), plaintiffs presented evidence to establish that the injured plaintiff sustained injuries to various body parts from the accident, including testimony from an orthopedic surgeon who performed arthroscopic surgery to his left knee. The evidence indicated that the injured plaintiff suffered from grade four chondromalacia in his left knee and multiple herniated discs in the cervical and lumbar regions of his spine, among other injuries. The orthopedic surgeon testified that the injuries were permanent, that the knee injuries would likely worsen over time, and that additional surgery may be necessary. Defendants did not offer any expert testimony.
The jury found defendants liable for the accident and awarded the injured plaintiff the sums of $425,000 for past pain and suffering and $600,000 for future pain and suffering and awarded his wife the sums of $35,000 for past loss of services and $50,000 for future loss of services.
Defendants moved pursuant to CPLR 4404(a) to set aside the jury verdict on the issue of damages as contrary to the weight of the evidence and as excessive. The Supreme Court denied defendants’ motion. In April 2022, a judgment was entered in favor of plaintiffs in the total principal sum of $1,110,000. The defendants appealed.
On February 19, 2025, the Second Department unanimously affirmed the judgment, finding that the jury’s verdict was supported by a fair preponderance of the evidence. Upon review of appellate precedent comparable to the injured plaintiff’s injuries, the Second Department determined that the damage award for the injured plaintiff’s past pain and suffering, his future pain and suffering over a period of 30 years, and past and future loss of services to the injured plaintiff’s wife did not deviate materially from what would be reasonable compensation. See, Fuentes v. Ingram, 2025 NY Slip Op 00951 [2d Dept., Feb. 19, 2025].
- Dell & Dean, PLLC (Joseph G. Dell, Esq.) represented plaintiffs at trial.
- Horn Appellate Group (Scott T. Horn, Esq. and Christen Giannaros, Esq.) represented plaintiffs on appeal.