Tort Damages
Plaintiff Dies, Future Pain Award Stands
Posted Sep 24, 2007, 06:47 am CST
By Debra Cassens Weiss
A jury award of $150,000 for future pain and suffering must stand even though the slip-and-fall plaintiff died the day after the verdict, an appeals court has ruled.
The New York Appellate Division ruled that no statutory provision requires the award to be set aside, the New York Law Journal reports. "Moreover, under the circumstances of this personal injury action involving an elderly woman, where the defendant caused significant delays, this court's interest in justice lies in affirming the judgment."
The 78-year-old plaintiff had broken her arm and leg after falling on newly painted steps in front of her condominium. She alleged negligence by Robin's Wood Inc., which owned and maintained the steps. Because the defendant failed to produce the employee who painted the steps, its answer was stricken and the suit proceeded to a hearing on damages.
The plaintiff was awarded more than $472,000, including $150,000 for future pain and suffering.
The defendant had argued the pain-and-suffering award amounted to “overcompensation” due to the plaintiff’s death the next day.