In the accident case, Park v. City of New York, a New York County jury found the defendant liable for injuries suffered by plaintiff on a construction site. The plaintiff suffered a fractured wrist, a fractured elbow/arm, and underwent multiple surgeries with the potential for additional surgeries. He still experiences pain and has a limited range of motion.
The jury returned a verdict in favor of the plaintiff for $2.3 million, which included $1,500,000 for past pain and suffering and $800,000 for future pain and suffering.
On appeal, the First Department affirmed the Trial Court reduction of the verdict to $1,000,000 ($600,000 for past pain and suffering and $400,000 for future pain and suffering.)
The First Department based its decision on several previous cases where the plaintiffs reportedly suffered similar injuries.