The owner of the building acknowledged liability for the accident and a damages trial was held in 2009 because the parties could not agree on the proper amount of damages for Ms. DeCastro's injuries.
The Bronx County Jury rendered a $600,000 verdict for plaintiff's pain and suffering ($350,000 past - 2years 9 months, $250,000 future - 37 years). The defendant objected to the decision stating that the amount was excessive and his attorney requested in a post-trial motion that the trial judge reduce the verdict. The judge agreed with the defendant and ordered a conditional reduction to $450,000.
Plaintiff's counsel appealed and the appellate court has reinstated the jury's $600,000 verdict.
Plaintiff sustained herniated and bulging discs in her lumbar spine as well as a Chondral fracture defect in the articular surface of her knee joint that required arthroscopic surgery.
Plaintiff's knee surgeon, Dr. Steven Struhl, testified that she suffered a traumatic lesion in an otherwise normal knee. He identified damage in the trochlear groove (the concave surface where the kneecap makes contact with the femur), he cleaned out loos, damaged and partially detached cartilage and performed a microfracture, a drilling procedure designed to generate new cartilage. Dr. Struhl opined that alhtough the surgery had been a success, the plaintiff will need further arthroscopic work and probably a limited arthroplasty (a partial knee replacement).
Plaintiff also testified and she described her limitations from the accident. She said she's been unable to continue to work as a bus attendant, she cannot squat or completely bend or put weight on her knee and she can not move a quickly as she did before the accident.
Posted by: LAWYER RENE GARCIA
THE GARCIA LAW FIRM, P.C. 1-866-SCAFFOLD or 212-725-1313
