Tenant Awarded $600,000 for Trip and Fall

June 30, 2011

LVT Number: #23496

Tenant sued landlord for personal injuries after she tripped on a hole in the building floor and fell. At trial, a jury awarded tenant $350,000 for past pain and suffering, and $250,000 for future pain and suffering. The court granted landlord's request to set aside the verdict and order a new trial unless tenant agreed to a total award of $450,000. Tenant appealed and won. The jury's award was reasonable. Tenant suffered a fractured knee and torn ligaments, requiring arthroscopic surgery.

Tenant sued landlord for personal injuries after she tripped on a hole in the building floor and fell. At trial, a jury awarded tenant $350,000 for past pain and suffering, and $250,000 for future pain and suffering. The court granted landlord's request to set aside the verdict and order a new trial unless tenant agreed to a total award of $450,000. Tenant appealed and won. The jury's award was reasonable. Tenant suffered a fractured knee and torn ligaments, requiring arthroscopic surgery. She also suffered injuries to her lower spine, had several months of physical therapy, and her doctors testified that her injuries were permanent and could require additional corrective surgeries.

DeCastro v. Andrews Plaza Housing Associates LP: NYLJ, 6/20/11, p. 20, col. 4 (App. Div. 1 Dept.; Andrias, JP, Friedman, Sweeny, Renwick, Roman, JJ)

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