SACS Appellate Group Obtains Significant Remittitur In Spinal Fusion/CRPS Case in Appellate Division, Second Department

Walter Garcia v. CPS 1 Realty, et al., 164 A.D.3d 656 (2d Dep’t 2018), involved a lengthy Suffolk County trial that our appellate group monitored last year. The 46-year-old plaintiff claimed “that as a result of the accident, he sustained an inguinal hernia that was surgically repaired, and several herniated discs in the lumbar region of his spine starting at L5/S1, which caused him excruciating pain, radiculopathy, drop foot, and “RSD” (Reflex Sympathetic Dystrophy Syndrome [aka CRPS]). Testimony at trial also showed that, despite undergoing conservative treatment followed by spinal fusion surgery, both of which failed and the latter bringing about urinary incontinence, his condition was permanent in nature, rendering him permanently disabled from working.

Following an excessive verdict of $4.2 million for pain and suffering, we were successful on our post-trial motion in convincing the trial court (Andrew G. Tarantino, Jr., J.) to order a remittitur of the pain and suffering verdict down to $2 million ($750,000 past and $1,250,000 future over 23 years). On August 15, 2018, the Second Department approved the trial court’s remittitur down to $2 million. The matter subsequently settled. Chris Simone and Jeremy Rosof principally briefed the successful motion and respondent’s brief on appeal.

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