Appellate Term Reduces Jury Award in 13-Year-old Case
On August 28, 2009, Mr. Igal Sagy was stepping out of his parked minivan when it was rear-ended by a sedan, which had been hit by another minivan driven by Mr. Yitzchak Senft. Mr. Sagy was thrown onto the street from his vehicle and rolled on the ground, resulting in injuries to his neck, back, and knees. He went to Forest Hills Emergency Hospital about four hours after the accident, where he complained of having skull, knee, and back pain. Mr. Sagy’s doctors did an X-ray and found mild swelling in his knees. He also complained that he had a limp. He was prescribed to take pain killers every six hours after his discharge from the hospital. He received physical therapy from Dr. Joyce Goldenberg and discontinued the therapy approximately ten days later due to lack of funds. Several months later, he later resumed physical therapy with neurologist, David Lipshutz, after still experiencing pain. He had to undergo a surgery on his right knee and was prescribed the same surgery for his left knee. Unfortunately, Mr. Sagy did not have the funds to undergo left knee surgery, and therefore, continued to remain in pain for years. On October 3, 2016, Mr. Sagy filed a lawsuit in Queens County Supreme Court against Mr. Yitzchak Senft and his brother Mr. Aryeh Senft, the owner of minivan.
The Lawsuit
Both Defendants testified during the jury trial that Mr. Yitzchak Senft gently bumped into a sedan which was parked behind Mr. Sagy’s car, but there was no damage to cars or injury to Mr. Sagy. Mr. Sagy testified that after the accident, Mr. Yitzchak Senft apologized and said that he meant to hit the brake but hit the gas instead. He further testified that Mr. Aryeh Senft approached him and also apologized. He also testified that he wanted to call the police and an ambulance, but that Defendants' mother begged him not to do so. Mr. Sagy presented a letter in his evidence, in which both brothers took responsibility for the accident, promised to pay for his medical expenses, and cover any damage to his minivan. There were no pictures of the vehicle from the night of the accident. However, Mr. Sagy’s attorney presented a NYS Department of Motor Vehicles accident report signed by Mr. Sagy in which he claims that Defendants' vehicle struck his van "hard". He also testified that the nature of his injuries were permanent, as he was unable to play soccer or basketball. Dr. Donald Goldman, an orthopedist, testified for Mr. Sagy and confirmed that as a result of the accident, he had suffered a 30% loss in range of motion in his neck and his lower back. Dr. Goldman also testified that Mr. Sagy’s above-average body weight would impact his knees after the surgery, and he would need to lose weight. Radiologist, Dr. Stephen Lastig, was called to testify by the Defendants. He testified that there was arthritis in Mr. Sagy’s lower back but he could not confirm if it was because of the accident. Based on the same, jury entered a judgment in Mr. Sagy’s favor and awarded him $400,000 for past pain and suffering and $800,000 for future pain and suffering over 30 years.
In Sagy vs. Senft the court reviewed similar cases and noted that lesser pain and suffering damages were awarded in motor vehicle accidents where one moving and one non-moving vehicle (similar to Mr. Sagy) was involved. The court also noted that Mr. Sagy provided little evidence to show the automobile accident caused serious physical injury or permanent limitations. The Judge further noted that the accident also did not cause any impact on Mr. Sagy’s life as despite being well-qualified, Mr. Sagy was unemployed at the time of the accident and remained so through trial, with minimal medical treatment pursued post-accident. Based on this, the Court reduced Mr. Sagy’s award for past pain and suffering from $400,000 to $140,000 and future pain and suffering from $800,000 to $280,000. Both parties appealed the judgment in which Mr. Sagy appealed for a higher award and Defendants appealed for a lower award.
The Appeal
In Sagy vs. Senft, the Appellate Term upheld the lower court findings that there was no indication that Mr. Sagy suffered a significant limitation or a permanent consequential limitation. The Appellate Court upheld the assessment of damages, deeming it appropriate on comparing with similar cases where plaintiffs experienced a decreased range of motion.
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