Neil S. Kornfeld & Travis J. Long recently obtained a highly favorable jury verdict in Bronx County Supreme Court, in a damages only trial before Justice Ruben Franco. The case involved an elderly but very active plaintiff who was volunteering at a hospital 3 days per week . Plaintiff suffered a fall as a result of the negligence of FKB’s clients, fractured her left forearm and underwent two open reduction surgeries with internal fixation, 4 pelvic fractures, a month long hospitalization, 6 weeks of IV antibiotics, and 53 days of inpatient rehab as a well as months of subsequent treatment. Neil and Travis were able to demonstrate that plaintiff had a very good, and relatively swift recovery, and any limitations she continued to have were caused by a pre-existing wrist injury and her arthritis, and were not caused by the incident at issue. The defense was able to undermine the credibility of plaintiff’s treating physician who testified about the alleged permanency of plaintiff’s injuries. The plaintiff’s credibility was also impeached with regard to her pre accident activities and alleged current limitations. The pre-trial demand was $2.5 million.
At the end of the trial, plaintiff’s counsel requested that the jury award his client $2.5M. After deliberation, the jury returned a verdict for $300K ($225K for past pain and suffering, and $75K for future pain and suffering). The jury’s verdict was substantially less than what had been offered to plaintiff’s counsel.