By Scott D. Kagan,
On December 28, 2009, plaintiff, a limo driver was stopped at a red traffic light in Manhattan when he was struck in the rear by a trailing tour bus. Plaintiff brought suit against the driver of the bus and the bus’s owners. The Court granted plaintiff summary judgment on liability, as such, the trial proceeded on damages only.
Plaintiff suffered from a plethora of back and shoulder injuries and underwent: a bone graft, decompression surgery, epidural injections, and implanted hardware. He suffered a labrum tear, multiple herniated discs and underwent a laminectomy. Plaintiff alleged that the accident was career ending, suffering from residual pain and limitations that not only prevented resumption of work, but other activities and chores of daily living.
Clearly, a jury agreed, and in a unanimous decision awarded the plaintiff past medical cost, past and future earnings, and past and future pain and suffering. After only 3 hours of deliberation the jury found that plaintiff’s injuries totaled $2,893,000.00 including $1,750,000.00 for future pain and suffering.