Tenant's Home Care Attendant Falls in Building

July 31, 2007

LVT Number: #19754

Tenant's 24-year-old home care attendant sued landlord for negligence after she fell and broke her elbow on building property. After the trial, the jury awarded her over $5.7 million. Landlord appealed, claiming that the award of damages was too high. The appeals court ruled for landlord. Among other things, the jury's award of $1 million for future lost earnings and $2,650,000 for future medical expenses were against the weight of the evidence. A reasonable award for future lost earnings would be $425,000. And $250,000 would be a reasonable award for future medical expenses.

Tenant's 24-year-old home care attendant sued landlord for negligence after she fell and broke her elbow on building property. After the trial, the jury awarded her over $5.7 million. Landlord appealed, claiming that the award of damages was too high. The appeals court ruled for landlord. Among other things, the jury's award of $1 million for future lost earnings and $2,650,000 for future medical expenses were against the weight of the evidence. A reasonable award for future lost earnings would be $425,000. And $250,000 would be a reasonable award for future medical expenses. It was unclear whether the home care attendant would need future surgery and how long she would require physical therapy. If the parties couldn't agree to these figures, the case would be sent back for a new trial.

Flores v. Parkchester Preservation Co., LP: NYLJ, 7/9/07, p. 30, col. 6 (App. Div. 1 Dept.; Friedman, JP, Nardelli, Gonzalez, McGuire, Malone, JJ)

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