Syracuse Personal Injury Law Blog
A jury can award substantial compensation for devastating injuries, but appellate courts may not uphold awards if they lack a sound evidentiary basis. A recent New York decision considered pain and suffering, future medical costs, and a spouse’s loss of services after a bus struck a pedestrian. The court reduced some awards while recognizing the exceptional severity of the injuries. If you are suffering long-term harm after a transit accident, you should talk to a Syracuse personal injury attorney about documenting both present losses and future care needs.
Facts and Procedural History
Allegedly, a bus making a left turn struck a pedestrian in a Manhattan crosswalk in March 2017. The bus pulled her underneath, dragged her, and pinned her under a tire for about 20 minutes. She suffered extensive fractures, nerve injury, a ruptured bladder, and severe crush and skin injuries. She underwent emergency surgery, a lengthy hospitalization, rehabilitation, and suffered recurring infections, chronic pain, and psychological symptoms afterward. The patient continued to need substantial care, while her spouse became her principal caregiver.
Reportedly, the pedestrian and her spouse sued the transit defendants, which conceded liability before trial. The jury therefore decided damages, not fault. It awarded the injured plaintiff $25 million for past pain and suffering, $32 million for future pain and suffering, and $8.5 million for future medical expenses. It also awarded her spouse $3 million for past loss of services and $4 million for future loss of services. The defendants appealed the judgment, arguing that the awards exceeded appropriate compensation.
How Courts Evaluate Damage Awards
On appeal, the court reviewed both the legal and factual basis for the judgment. It examined the evidence of the injuries, the duration and severity of the plaintiffs’ losses, and awards in other cases. It recognized that comparison is difficult when an injured person has an unusually severe combination of conditions. The record described persistent paralysis and pain, recurrent wound infections, serious limits on mobility, and profound changes to the spouse’s daily life. Those facts supported very substantial compensation, even though the court found the jury’s figures too high.
The court offered the plaintiffs a choice between a new trial on pain and suffering and loss of services or accepting reduced amounts. Under the proposed reductions, past and future pain and suffering would be $20 million and $17 million, respectively. The spouse’s past and future loss-of-services awards would be $1.5 million and $1.1 million. The plaintiffs had 30 days after entry of the appellate order to stipulate to those figures; the opinion does not state whether they did so.
The future medical expense award raised a separate issue. The plaintiffs’ experts had itemized necessary treatments and estimated $8,238,345, which counsel requested at trial. The court found that amount supported with reasonable certainty but reduced the jury’s $8.5 million award to the supported figure. In doing so, the court explained that the proposed spinal stimulation and hip replacement procedures could not explain the extra amount because the evidence showed that infection risk made those procedures inadvisable and their performance uncertain.
The court otherwise affirmed the judgment.
Speak with a Skilled Syracuse Personal Injury Attorney
If you suffered significant harm in a bus accident, it is advisable to talk to an attorney about your options. The skilled Syracuse personal injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can review the circumstances of your accident and aid you in seeking the best outcome possible. Call 833-200-2000 or use the firm’s online form to request a free, confidential consultation. The firm serves Syracuse, Rochester, and clients throughout Upstate New York.