After a 2-week damages-only trial with a demand of $15 million, a jury agreed with the defense and returned a $790,000 verdict in a case involving a plaintiff who had multiple surgeries.
The plaintiff had previously been awarded summary judgment on liability under Labor Law §240(1) for a fall from a ladder that slipped on ice in an excavation pit on a construction site. The case proceeded to a trial solely on damages, with the plaintiff alleging severe injuries that led to four surgeries, including a lumbar fusion, cervical fusion, and procedures to his knee and shoulder.
As trial began, the plaintiff’s counsel announced that key medical witnesses were unavailable, including the treating spine surgeon and radiologist. Fullerton Beck attorneys successfully sought a missing witness charge after the plaintiff failed to provide a reasonable explanation for their absence. During the proceedings, the defense also uncovered discrepancies in one physician’s records, revealing two versions of medical documentation.
Given these developments, during closing arguments, the plaintiff lowered his ask to $8.5 million. In response, the Fullerton Beck trial team argued to the jury that if they found the injuries causally related, that $500,000 would be fair and reasonable compensation based on the medical evidence and the plaintiff’s prior motor vehicle accident, which had already resulted in injuries to the same areas of the body. The defense presented expert testimony establishing that the fall did not aggravate the prior conditions and that the plaintiff remained capable of gainful employment.
The jury deliberated for only 20 minutes before returning a verdict of $790,000, awarding no future pain and suffering and minimal lost earnings.
This outcome represents a significant success for Fullerton Beck and its clients, particularly considering the plaintiff’s substantial surgical history and initial multi-million-dollar demands.