Case Name

Compare to Geressy?

Compare to Jackson?

Compare to Rotolo?

Pain & Suffering Award

Agnostino v. Seaport Unloaders, Inc., No. 29008/90 (Sup. Ct. Kings County 1993)

yes

yes

yes

$37,000

Work related accident causing hand and wrist problems (including an RSI) and necessitating surgery; injury forced plaintiff to change professions.

Annunziato v. Madden, 0937194 (Sup. Ct. Queens County 1996)

no

no

no

$511,899

19 year-old man's intentional dropping of pumpkin from overpass to highway with intention to see pumpkin splatter but without intention to cause personal injury is a qualitatively different tortious event and is not useful for comparison to instant cases.

Baugh v. Reinauer Transp. Co. Inc. 92-CV-1836 (E.D.N.Y. 1994)

yes

no

no

$600,000

Herniated cervical discs requiring fusion surgery.

Bebee v. City of New York, 647 N.Y.S.2d 95 (1st Dept. 1996)

no

no

no

$875,000

27 year-old man suffered paraplegia from gunshot wound; qualitatively different tortious event.

Bernstein v. Red Apple Supermarkets, 642 N.Y.S.2d 303 (Sup. Ct. 1st Dept 1996)

yes

no

yes

$1,100,000

Fall by 67 year-old woman. Serious injuries including torn rotator cuff in dominant shoulder.

Boylan v. Leal, No. 20766/79 (Sup. Ct. Westchester County 1981)

no

no

no

N/A

Too old and not otherwise useful.

Breslauer v. Dan, No. 22049/84, (Sup. Ct. Kings County 1990)

no

no

no

N/A

General jury award (followed by a general post-verdict settlement figure) only.

Brust v. Estee Lauder Inc., 184 A.D.2d 474, 585 N.Y.S.2d 432) (1st Dept 1992)

no

yes

yes

$238,500

Plaintiff injured when struck in the upper right arm by a wrench that had been dropped at work site; suffered lacerations to the right arm requiring two sutures and mild right median nerve injury; ability to perform some work duties impaired.

Cohen v. City of New York, 171 A.D. 721, 567 N.Y.S.2d 176 (2d Dept 1991)

no

no

no

N/A

General damage award only.

D'Amato v. Long Island Railroad, 874 F. Supp. 57 (E.D.N.Y. 1995)

yes

yes

yes

$135,000

Worker suffered RSI injuries for which he underwent two surgeries; took almost a year off work and continued to have pain and hand dysfunction.

Datskow v. Teledyne Continental Motors Aircraft Products, 826 F. Supp. 677 (W.D.N.Y. 1993)

no

no

no

(per plaintiff)

Plane crash after fire broke out in-flight is qualitatively different tortious event.

Doty v. Navistar International Transportation Corp., 219 A.D.2d 32, 639 N.Y.S.2d 592 (4th Dept 1996)

no

no

no

$1,500,000

Amputation of the arm of a 9 year-old boy involves qualitatively different resultant injuries.

Duley v. 888 Seventh Ave. Associates, 1993 WL 770659 (LRP Jury) (Sup. Ct. New York City 1993)

no

yes

yes

$400,000

Mis-leveled elevator caused office clerk to suffer cartilage tear of the knee, resulting in sympathetic dystrophy and subsequent disability.

Earl v. Bouchard Transportation Co., Inc., 917 F.2d 1320 (2d Cir. 1990)

no

no

no

N/A

General damage award only.

Eschberger v. Conrail, 174 A.D. 983, 572 N.Y.S.2d 539 (4th Dept 1991)

yes

no

no

$1,700,000

49 year-old railway worker injured on the job; two back surgeries and probability of more; herniated disc in cervical spine requiring laminectomy and fusion surgery at C4-5; later fusion surgeries at C3-4 and C5-6.

Farren v. Sherlock, 1995 WL 778748 (LRP Jury) (Sup. Ct. Chatauqua County 1995)

no

no

no

$600,000

35 year-old plaintiff suffered the near amputation of both legs, resulting in extensive damage to the left politeal artery and requiring grafting to the artery and the left sciatic nerve; she later developed reflex sympathetic dystrophy; qualitatively different injuries.

Fiebert v. United States, 91-CV-1439 (E.D.N.Y. 1993)

yes

no

no

$750,000

Serious car accident; herniated disc at C-6 requiring fusion surgery.

Figueroa v. Manhattanville Collete, 23332/89 (Sup. Ct. Suffolk County 1993)

no

no

no

N/A

General settlement figure only.

Flamio v. State of New York, 132 A.D.2d 594, 517 N.Y.S.2d 756 (2d Dept 1987)

no

no

no

N/A

General damage award only.

Forelli v. Pratt Institute, 181 A.D.2d 856, 581 N.Y.S.2d 832 (2d Dept 992)

yes

no

no

$340,000

33 year-old electrician with median nerve injury, complicated by cervical and lumbar injuries including bulging disc.

Furey v. Warren, No. 1330/91, (Sup. Ct. Putnam County 1993)

yes

yes

yes

$75,000

Plaintiff injured in car accident; injuries included serious RSIs and other complications.

Furgeson v. Boston Buffalo Express, No. 83/2879 (Sup. Ct. Onondaga County 1984)

no

no

no

N/A

General damage award only.

Guillory v. Nautilus Real Estate, 208 A.D.2d 336, 624 N.Y.S.2d 110 (1st Dept 1995)

yes

no

yes

$1,200,000

work as an electrician.

Gulino v. North Carolina Yacht Sales, No. 5326/90 (Sup. Ct. Suffolk County 1995)

yes

yes

yes

» $149,305.56

Settlement based on jury verdict & presumably proportionate to jury breakdown; surgeon injured in car accident and suffered RSIs which prevented him from practicing his profession.

Harvey v. Mazal American Partners, 179 A.D.2d 1, 581 N.Y.S.2d 748 (1st Dept 1992)

no

no

no

$14,300,000

Plaintiff fell two floors, head-first, which caused permanent damage to brain and spine; qualitatively different injuries.

Heller v. L/M Broadway and 83rd CM Corp., No. 21010/88 (Sup. Ct. New York County 1993)

yes

no

no

$1,138,834

Plaintiff was injured at a construction site; suffered herniated cervical discs, requiring disectomy 2 years after the accident; also underwent lumbar laminectomy at L1-2 and resection of his first rib due to thoracic outlet syndrome; required a multi-level spinal fusion; continued to suffer from spinal instability and partial neurogenic impotence.

Hellmann v. State of New York, No. 70474 (Ct. of Claims Rochester County 1993)

no

yes

yes

$129,000

Inflamed vein and nerve in lower extremities as a result of a work-related accident in prison.

Hildebrandt v. Star Market, No. 978/84 (Sup. Ct. Monroe County 1984)

no

no

no

N/A

Too old and not otherwise useful.

Hoyt v. Metropolitan Club Inc., No. 14569/91 (Sup. Ct. Bronx County 1996)

no

no

no

N/A

General settlement figure only.

Hubbard v. Tan Tulco, No. 878/92 (Sup. Ct. Queens County 1994)

no

no

no

N/A

General settlement figure only.

In re In-flight Explosion on Transworld Airlines, Inc., 778 F. Supp. 625 (E.D.N.Y. 1991)

no

no

no

by plaintiff

Injuries sustained in air plane crashes and terrorist attacks do not provide good comparisons to the injuries in the instant case.

In re Air Disaster at Lockerbie Scotland, 887 F.Supp. 71 (E.D.N.Y. 1995)

no

no

no

N/A

Injuries sustained in air plane crashes and terrorist attacks do not provide good comparisons to the injuries in the instant case; also, general damage award only.

Jae v. 488 Associates, No. 1682/83 (Sup. Ct. New York County 1992).

yes

yes

yes

$150,000

Sculptor suffered bilateral carpal tunnel syndrome and cervical radiculopathy as a result of a fall; could not continue her profession.

no

no

no

$2,000,000

Construction worker fell from ladder; became paraplegic and suffers from bladder and bowel incontinence, sexual dysfunction, and reflex sympathetic dystrophy; qualitatively different injuries.

Javier v. Chin Camo Realty, No. 35079/91 (Sup. Ct. New York County 1994)

yes

yes

yes

$140,000

Seamstress suffered RSIs and other upper extremity injury when part of ceiling fell on her.

John v. New York City Health and Hospital Corporation, 1995 WL 796927 (LRP Jury) (Sup. Ct. New York County 1994)

no

no

no

$2,500,000

Malpractice after plaintiff was admitted to hospital for severe head injuries resulting from mugging; sustained injuries included immediate amputation of one leg and amputation of the other leg after eight operations; qualitatively different injuries.

Johnson v. Danly Machine Specialties, 183 A.D.2d 592, 584 N.Y.S.2d 26 (1st Dept 1992)

no

no

no

$1,500,000

19 year-old's dominant hand caught in power press; crushing injury resulted in partial amputation of three fingers; qualitatively different injuries.

Kelly v. DiPaolo, No. 19043/90 (Sup. Ct. Westchester County 1995)

yes

no

no

$1,200,000

8 year-old injured when thrown from a horse; injuries included angulated displaced fractures of the left (nondominant) radius and ulna requiring closed reduction; fasciotomy of the left forearm with carpal tunnel release; split thickness skin grafting with permanent scarring on the forearm and right hip (donor site); decreased grip and arm strength.

Kirschhoffer v Van Dyke, 173 A.D.2d 7, 577 N.Y.S.2d 512 (3d Dept 1991)

yes

no

no

$1,825,000

38 year-old woman with back injury requiring laminectomy, spinal fusion, permanent insertion of Harrington rods; body brace; bedridden for four months; may require further surgery; 75-80% disability.

Krieger v. Bancalari, No. 12652/87 (Nassau County) - settled 1992

no

no

no

N/A

General settlement figure only.

Lee v. J & B Farm Inc., No. 15604/93 (Sup. Ct. Kings County 1996) - settled 1996

no

no

no

N/A

General settlement figure only.

Legotti v. Long Island Railroad, 93-CV-1259 (E.D.N.Y. 1996)

no

yes

yes

$85,000

Plaintiff, a 41 year-old ticket clerk, was diagnosed with lateral epicondylitis, an RSI, in his right dominant arm, from using a ticket validating machine at work. Underwent elbow surgery.

Lentz v. Long Island Railroad, 86-CV-0868 (E.D.N.Y. 1989)

no

no

no

N/A

General damage award only.

Lim v. Atlas-Gem Erectors Co. Inc., No. 7213/92 (Sup. Ct. Bronx County 1995)

yes

no

no

$1,250,000

Laborer injured at construction site; injuries included herniated disc at C4-5; injury to C5-6 requiring a disectomy and fusion of C4-6; neurological deficit with antalgic gait; numbness of left (dominant) arm.

Mack v. Bermudez, No. 9942/81 (Sup. Ct. Queens County 1982)

no

no

no

N/A

General settlement figure only.

Micalizzi v. Stanford Superior Drug, Inc., No. 16145/91 (Sup. Ct. Bronx County 1993)

no

yes

yes

$35,000

Bilateral carpal tunnel from car accident.

Miller v. Fay's Drug co., Inc., No. 6326/84 (Sup. Ct. Albany County 1986)

no

no

no

N/A

General damage award only.

O'Brien v. City of New York, 647 N.Y.S.2d 561 (2d Dept. 1996)

no

no

no

$1,700,000

Pedestrian in car accident suffered injuries including severe brain damage with right-side paralysis, a crushed femur and acetabulum, partial blindness in the right eye; was in a comma for several months; confined to a wheelchair and requires full-time custodial care for the rest of his life; qualitatively different injuries.

Ogborn v. Alphin Haus, No. 647/91 (Sup. Ct. Delaware County 1992)

no

no

no

N/A

General damage award only.

Ortado v. Gluck, No. 11886/88 (Sup. Ct. Queens County 1996)

yes

no

no

$1,050,000

Severe lower extremity injuries, herniated lumbar disc, reflex sympathetic dystrophy in lower right leg; work related injury resulting in severe change in life.

Papa v. City of New York, 194 A.D.2d 527, 598 N.Y.S. 558 (2d Dept 1993)

no

no

no

N/A

Action involving assault and battery, negligence, false arrest, malicious prosecution, and civil rights violation stemming from police officer attack on plaintiffs. One plaintiff suffered a concussion with organic brain dysfunction, which completely disabled him from his occupation as an attorney and also suffered dislocated shoulder, three fractured ribs, and a torn meniscus. Second plaintiff suffered bruises, cuts and contusions, and received only emergency room treatment for his physical injuries; also suffered psychological trauma. Qualitatively different tortious event and subsequent injuries.

Parises v. Greek Orthodox Archdioces, No. 240034/87 (Sup. Ct. New York County 1992)

no

no

no

N/A

General verdict with no breakdown.

Parperi v. Dweck, No. 29912/93 (Kings County) - settled 1996

no

no

no

$100,000

General settlement figure only.

Perilla v. Miller, No. 1578/94 (Sup. Ct. Sullivan County 1996)

no

yes

yes

$30,000

Work injury resulted in crush fracture of the distal portion of the right (dominant) thumb with muscle and tendon injuries, clinically diagnosed reflex sympathetic dystrophy; surgery recommended but plaintiff refused.

Perry v. Crawford, No. 850/91 (Delaware County) - settled 1993

no

no

no

N/A

General settlement figure only.

Pescartore v. Pan American World Airways, 97 F.3d 1 (2d Cir. 1996)

no

no

no

N/A

Injuries sustained in air plane crashes and terrorist attacks do not provide good comparisons to the injuries in the instant case.

Picarelli v. Prime Automotive Parts, 1251/93 - Settled 1995

no

no

no

N/A

General settlement figure only.

Polipo v. Sanders, 642 N.Y.S.2d 302 (1st Dept 1996)

no

no

no

0

Tenant hurt through negligence of plumber. On appeal, finding of liability reversed (and therefore damage award not reviewed).

Ramirez v. New York City Housing Authority, No. 20326/92 (Sup. Ct. Bronx County 1995)

yes

yes

yes

$238,000

Fractured fifth finger of the right (dominant) hand resulting in a mallet finger deformity; severe trauma to the palm resulting in nodule that caused "trigger finger" in the fourth finger; reflex sympathetic dystrophy.

Redavid v. Long Island Railroad, 83-CV-1373 (E.D.N.Y. 1986)

no

no

no

N/A

General damage award only.

Regina v. Flanagan, No. 1164/91 (Sup. Ct. Richmond County 1995)

no

no

no

$165,00

Jaw injury, RSD in the neck, and possible spinal injury; injuries are not sufficiently similar and there is insufficient information available on pain, suffering, and the resulting changes in plaintiff's quality of life, if any.

Rondinone v. Matta, 99 A.D.2d 733, 472 N.Y.S.2d 86 (1st Dept 1984)

no

no

no

N/A

General damage award and old case.

Roschwalb v. Regency Maritime Corp., 182 A.D.2d 401, 582 N.Y.S.2d 140 (1st Dept 1992)

yes

no

yes

$750,000

63 year-old woman fell; subcondylar fracture of dominant elbow requiring open reduction and reconstruction with transposition of ulnar nerve, insertion of "Y" plate and 14 screws and wires; later had operation to remove hardware, and may require additional surgeries; constant pain, numbness, scarring and limitation of use.

Ross v. NYU Medical Center, No. 2568/92 (Sup. Ct. New York County 1994)

no

no

no

N/A

General settlement figure only.

Rung v. St. Luke's Hospital Center, 1825/89 (Sup. Ct. Oneida County 1994)

no

no

no

$1,000,000

Medical malpractice in which healthy person received a tetnas shot by an unwrapped, unsterile needle with which a young child had been playing; plaintiff experienced chronic infections and permanent loss of use of the left arm.

Ryan v. Long Island Railroad, 92-CV-3029 (E.D.N.Y. 1994)

no

yes

yes

$55,000

Ticket clerk suffered bilateral carpal tunnel system from use of machine at work.

Scala v. Moore McCormack Lines, 985 F.2d 680 (2d Cir. 1993)

yes

no

yes

$750,000

From accident at work, plaintiff suffered disabling knee injury requiring several surgical procedures and resulting in development of phlebitis, causing plaintiff to spend 6 months in a wheelchair and totally disabling him from job as a longshoreman.

Shu-Tao Lin v. McDonnell Douglas Corp., 742 F.2d 45

no

no

no

N/A

Injuries sustained in air plane crashes do not provide good comparisons to the injuries in the instant case.

Sinclair v. State of New York, No. 68449 (Ct. of Claims Buffalo 1988)

no

no

no

N/A

General damage award only.

Singh-Walia v. Citywide Ambulance Corp., 1996 WL 643326 (LRP Jury) (Bronx County) - settled

no

no

no

N/A

General settlement figure only.

Sladick v. Hudson General Corporation, 226 A.D.2d 263, 641 N.Y.S.2d 270 (1st Dept 1996)

no

no

no

$7,500,000

Man in mid-30s hit by mobile lounge at airport; crush injury required above the knee leg amputation; left with stump pain; back pain, phantom pain and depression; numerous operations; qualitatively different tortious event and subsquent injuries.

Snyder v. Contrail, 83-CV-938 (N.D.N.Y. 1985)

no

no

no

N/A

General damage award only.

Spoto v. S.D.R. Construction, 5701/89 (Kings County 1994)

no

no

no

0

Original verdict was $1,400,000, but the verdict was not reviewed on appeal since the case was reversed on other grounds.

Stiles v. Batavia Atomic Horseshoes, Inc., 81 N.Y.2d 950, 597 N.Y.S.2d 666, 613 N.E.2d 572 (1993).

no

no

no

N/A

General damage award only.

Summerville v. City of New York, 39604/91 (Sup. Ct. Kings County 1996)

no

no

no

$5,057,316

30 year-old innocent by-stander shot twice by off-duty police officer; mistakenly arrested and charged with bank robbery (charges later dropped). Gunshot wounds to the left (nondominant) arm, stomach, and colon. Left arm hand-cuffed to hospital bed for12 hours. Plaintiff developed reflex sympathetic dystrophy (rsd) in left arm which is now paralyzed. He underwent an unsuccessful nerve graft in 1992 in an attempt to restore some function to the arm. A dorsal column stimulator was implanted into his spinal cord in 1995 to relieve the constant burning sensation in his arm, but this procedure was also unsuccessful. Plaintiff had not returned to work by time of trial and it was unclear whether or not he would.

Thurman v. State of New York, No. 79207 (Ct. of Claims, Binghamton 1991)

yes

yes

yes

$60,000

73 year-old woman slipped and fell in the pool area of a gym; resultant injuries included fracture of the left (dominant) distal radius, requiring closed reduction; rsd with a loss of motion in hands and fingers. Daily activities of self-care have become quite difficult.

Turchin v. Bar & Bar 92-CV-1448 (S.D.N.Y. 1994)

yes

no

no

$290,000

Construction site injury resulted in herniated discs at C4-5, C5-6, and C6-7 requiring discectomy of the three discs, bone grafting and fusion as well as psychological trauma.

Ubiles v. Rosenzweig Lumber Corp., 225 A.D.2d 468, 639 N.Y.S.2d 383 (1st Dept 1996)

yes

no

yes

$1,150,000

28 year-old truck driver; five fractures of dominant elbow, two open reduction and internal fixation procedures; 80% loss of range of motion; incidents of severe pain; can no longer perform manual labor.

Urrea v. Long Beach Plaza Corp. No. 14339/88 (Nassau County 1990) - settled $450,000

no

no

no

N/A

General settlement figure only.

Vassar-Roller v. Steiner, D.P.M., No. 17270/91 (Bronx County) - settled 1994

no

no

no

» $375,424.43

Settlement based on jury verdict, presumably settlement was proportionate to the jury award; case inapposite as it involves malpractice for complications arriving from foot surgery.

Vellela v. Craftsman Woodworkers, Ltd., No. 27501/91 (Suffolk County) - settled 1996

no

no

no

N/A

General settlement figure only.

Villalta v. City of New York, No. 2051/93 (Sup. Ct. Bronx County 1994)

no

no

no

N/A

General damage award only.

Wendell v. Supermarkets General Corp., 189 A.D.2d 1063, 592 N.Y.S.2d 895 (1993)

yes

no

no

$115,000

Plaintiff slipped and fell resulting in herniated discs at C5-6 and C6-7 that impinged on her spinal cord and compressed a nerve leading to her arm; cannot return to work.

Weyant v. City of New York, 162 Misc.2d 132, 616 N.Y.S.2d 428 (Sup. Ct. Kings County 1994)

yes

no

no

$2,000,000

Car accident at work resulted in herniated discs at C5-6 and C6-7 requiring a disectomy and a spinal fusion at C5-6; tear of medial meniscus; plaintiff underwent three separate surgeries on the knee, including reconstructive surgery, removal of bony matter, and the bracing of an unstable patella; he also underwent the insertion of a bone graft at C5-6; plaintiff is on 3/4 disability.

Williams v. Seaman's Furniture Co. No. 44844/92 (Sup. Ct. Kings County 1996)

yes

no

yes

» $1,575,909.27

Itemized verdict reduced, presumably proportionately; 47 year-old secretary slipped and fell in her home over drop cloth carelessly placed on floor by delivery persons. Severed nerves in left (nondominant) hand; rsd which spread to arm; lost use of hand; underwent extensive & unsuccessful physical therapy; could no longer work as secretary.

Young v. 153-157 Lennox Ave. Co., No. 13813/90 (Bronx County 1993) - settled 1993

yes

yes

yes

$410,000

Settlement after itemized jury verdict where verdict was entirely for pain and suffering. Due to accident with elevator, plaintiff suffered bilateral carpal tunnel syndrome with numbness, tingling, and weakness; plaintiff underwent two surgical releases; suffered permanent nerve damage; could not resume typing at work for 4 years, and then only for short periods of time; cannot engage in hobbies like swimming and volleyball.

Jury Verdict

(a)

Past conscious pain and suffering, emotional distress, and the diminution of the quality of life

$490,000

(b)

Past disability

$250,000

(c)

Past economic loss due to lost wages and fringe benefits

$40,000

(d)

Past economic loss due to lost household services

$15,000

(e)

Future conscious pain and suffering, emotional distress and diminution of the quality of life

$3,000,000

(f)

Future disability

$1,100,000

(g)

Future economic loss due to lost earnings

$200,000

(h)

Future economic loss due to lost household services

$50,000

(i)

Future medical expenses

$200,000

Total Jury Verdict

$5,345,000.00

Jury Verdict Without Pain and Suffering Award

$1,855,000.00

Jury Verdict Pain and Suffering Portion Only

$3,490,000.00

Mean

$747,372.00

Standard Deviation

$606,873.40

Range Within One Standard Deviation

$140,499 to 1,354,246

Range Within Two Standard Deviations

0 to $1,961,119

Media

$750,000

Interquartile Range

$149,652.80 to $1,175,000

Jury Verdict

(a)

Past conscious pain and suffering, emotional distress, and the diminution of the quality of life

$25,000

(b)

Past disability

$25,000

(c)

Past economic loss due to lost wages and fringe benefits

$115,000

(d)

Past economic loss due to lost household services

$2,000

(e)

Future conscious pain and suffering, emotional distress and diminution of the quality of life

$18,000

(f)

Future disability

$18,000

(g)

Future economic loss due to lost earnings

$90,000

(h)

Future economic loss due to lost household services

$2,000

(i)

Future medical expenses

$7,000

Total Jury Verdict

$302,000.00

Jury Verdict Without Pain and Suffering Award

$259,000.00

Jury Verdict Pain and Suffering Portion Only

$43,000.00

Mean

$147,925

Standard Deviation

$119,371.40

Range Within One Standard Deviation

$28,554 to $267,297

Range Within Two Standard Deviations

$0 to $386,668

Median

$132,000

Interquartile Range

$58,750 to $172,000

Jury Verdict

(a)

Past conscious pain and suffering, emotional distress, and the diminution of the quality of life

$40,000

(b)

Past disability

$35,000

(c)

Past economic loss due to lost wages and fringe benefits

$30,000

(d)

Past economic loss due to lost household services

$2,000

(e)

Future conscious pain and suffering, emotional distress and diminution of the quality of life

$60,000

(f)

Future disability

$53,000

(g)

Future economic loss due to lost earnings

$30,000

(h)

Future economic loss due to lost household services

$3,000

(i)

Future medical expenses

$21,000

Total Jury Verdict

$274,000.00

Jury Verdict Without Pain and Suffering Award

$174,000.00

Jury Verdict Pain and Suffering Portion Only

$100,000.00

Mean

$404,214

Standard Deviation

$465,489

Range Within One Standard Deviation

0 to $869,703

Range Within Two Standard Deviations

0 to $1,335,192

Median

$149,653

Interquartile Range

$77,500 to $665,000