Appellate Win: Nearly 50 Percent Damages Reduction Secured
Shaub, Ahmuty, Citrin & Spratt, LLP is pleased to share that our Appellate Team partners Christopher Simone and Gerard S. Rath – relying on the excellent trial record made by defense counsel Maggy Mazlin – secured via post-trial motion a significant reduction of damages awarded to a plaintiff in Supreme Court, Kings County.
The plaintiff fell 20 feet while working from a ladder and was awarded summary judgment on his Labor Law § 240(1) claim. He claimed psychological injuries, including a traumatic brain injury, PTSD and ED, and lumbar spine injuries, including a multi-level lumbar spinal fusion. At a damages trial, the jury awarded the plaintiff $3,100,000 in past pain and suffering, $3,500,000 in future pain and suffering, $625,000 in future medical expenses and $422,400 in future lost earnings.
SACS monitored the trial then prepared the post-trial motion. SACS maintained that the pain and suffering award was excessive pursuant to CPLR 5501(c) and influenced by the plaintiff counsel’s inappropriate summation anchoring, and that the future medical expense and lost earnings claims lacked foundation in the record.
The court agreed and reduced the past pain and suffering award to $1,250,000, the future pain and suffering to $2,250,000, future medical expenses to $225,320 and dismissed the future lost earnings claim entirely – a nearly 50% reduction.
This is a perfect example of how solid collaboration between defense counsel and outside appellate counsel can spawn a sizeable victory.
