Court: Supreme Court, Appellate Division, Second Department, New York
Case: Guallpa v. Key Fat Corp.
Date: Aug. 22, 2012
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer)
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Facts: Guallpa was working in construction when he fell down about ten feet off a ladder.
He herniated some discs in his back, fractured his ankle and tore rotator cuff in his shoulder.
At the time he was 23 years-old.
His case proceeded to trial and verdict against the owner of the building and he received a jury verdict and award for his injuries from this construction accident.
The defense is appealing to try to reduce the amount of money damages awarded to Guallpa.
Holding: The appeals court affirmed the jury verdict awards on each item of injury damages to Guallpa from this accident as reasonable, as follows:
- Past pain and suffering = $791,000;
- Future pain and suffering = $1,428,571.43;
- Past lost wages = $87,360;
- Future lost earnings = $198,000;
- Future medical expenses = $535,714.