Tenant Award Too Excessive

April 30, 1993

LVT Number: 6921

Tenant sued landlord after falling down the stairs in a public area of landlord's building. Tenant suffered serious knee injuries, and an expert testified that tenant would probably need knee replacement surgery in the future as a result of the fall. The trial court found that the stairs were in disrepair. The jury found landlord to be 65 percent at fault and tenant 35 percent at fault for the fall. Tenant was awarded over $411,000 in damages for pain and suffering, and for past and future medical expenses.

Tenant sued landlord after falling down the stairs in a public area of landlord's building. Tenant suffered serious knee injuries, and an expert testified that tenant would probably need knee replacement surgery in the future as a result of the fall. The trial court found that the stairs were in disrepair. The jury found landlord to be 65 percent at fault and tenant 35 percent at fault for the fall. Tenant was awarded over $411,000 in damages for pain and suffering, and for past and future medical expenses. Landlord appealed, and the appeals court reduced the award for past and future medical expenses to $70,000. The court also ordered a new trial on the issue of pain and suffering.

Burton v. New York City Housing Authority: NYLJ, p. 28, col. 3 (4/2/93) (App. Div. 2 Dept.; Thompson, Sullivan, O'Brien, Copertino, JJ)

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