Topic: Auto/Pedestrian – Fracture Of Tibial Plateau – Three Arthroscopic Surgeries Including Procedures For Insertion And Removal Of Hardware – Permanent Pain And Difficulties Walking Up Stairs Suffered By Plaintiff Who Lives In Walk-Up Apartment – Damages

Result: $ 287,164 verdict

Title: Motor Vehicle Negligence

State: New York

County: New York County

Facts: Liability was stipulated prior to trial in this case in which the defendant cab company could not locate its driver. The plaintiff pedestrian in his late 30′s, was crossing in the crosswalk when he was allegedly struck by the defendant cab driver as he was backing up.

The plaintiff contended that he sustained a fracture of the tibial plateau. The plaintiff’s orthopedist maintained that the plaintiff underwent arthroscopic surgery in which hardware was inserted, a subsequent arthroscopic procedure to remove the hardware and a third arthroscopic surgery to excise scar tissue. The plaintiff contended that he will permanently suffer significant pain and difficulties climbing to his walk-up apartment.

The defendant contended that the plaintiff failed to mitigate his damages by bearing weight approximately four weeks earlier than recommended by his physician. The treating physician contended that the severity of the fracture was such that the plaintiff would have suffered the same residuals irrespective of this factor.

The jury awarded $ 287,164, including $ 125,000 for past patina and suffering, $ 10,000 for past lost earnings, $ 26,164, for past medical expenses, $ 26,000 for future medical expenses and $ 100,000 for future pain and suffering. The court set aside the award for past medial bills, holding that the plaintiff may still obtain no fault benefits, which are the subject of arbitration. The defendant’s other post trial motions were denied and the defendant has filed an appeal.