Compensation from Fall Reduced After Appeal
On March 26, 2015, Salih Karasu, a 40-year-old commercial roofing mechanic, sustained a substantial occupational injury. Karasu was working at Security Auto Sales, a business situated in Amityville, New York, on that particular day, where he was performing roofing work. As part of his work he climbed a ladder and, while working, fell down. The ladder was situated at a height of approximately nine feet above the ground. Karasu sustained a severe fracture as a consequence of the fall, which resulted in a severe impact on his ankle. The next day, Mr. Karasu’s doctor placed an external fixator on his right leg which remained in place for three weeks. The injury caused him a great deal of pain, particularly when he was trying to sleep. He was able to move with the assistance of a walker but was predominantly bed-ridden. Aggrieved, Mr. Karasu sued the owners of Security Auto Sales.
The Lawsuit
In the lawsuit that followed after Mr. Karasu's injury, the trial jury rendered summary judgment in his favor following a comprehensive discovery process. According to the court, Security Auto Sales was negligent under New York Labor Law Section 240(1), (also known as the "Scaffold Law"). The jury concluded that Security Auto Sales neglected to provided Mr. Karasu with the appropriate safety apparatus for the roofing work he was engaged in at the time of the accident. Mr. Karasu's subsequent severe ankle injury was directly caused by Security Auto Sales’ negligence and the absence of sufficient safety measures, which resulted in his fall from the ladder. As a result of this negligence Mr. Karasu had to undergo a fixation surgery and his treatment went on for 2 years. He was also unable to bear weights for nine months and could not work for the next two years. The Court imposed liability on Security Auto Sales for the injuries that Mr. Karasu sustained.
The matter then proceeded to a trial on damages only. The Nassau County jury awarded Mr. Karasu $2,000,000 in pain and suffering damages, with $1,000,000 in past damages for a period of seven years and $1,000,000 in future damages for a period of ten years respectively. The jury also awarded the following future economic damages- medical and physical therapy expenses totaled $1,500,000 (14 years), loss of earnings totaled $892,424 (10 years), and social security retirement benefits totaled $277,318 (14 years). In addition, $125,000 was also paid to Mr. Karasu’s wife for loss of services/consortium damages. The total jury award was $5,130,137. Security Auto Sales appealed this judgment.
The Appeal
In Karasu v. Security Auto Sales, Inc., Security Auto Sales contended that the evidence was insufficient to substantiate the future economic damages awards. More particularly, the Defendants challenged the future medical expenses and physical therapy, lost earnings, and social security retirement benefits. The trial judge concurred, stating that the testimony regarding future medical expenses and physical therapy was at best speculative and that Mr. Karasu had already stopped visiting his doctor and participating in physical therapy. Additionally, the judge highlighted that Mr. Karasu had resumed employment and was earning a higher salary than he had prior to the accident. Based on this, the judge ordered future economic damages reductions in the total sum of $2,357,106 and reduced the total award granted to Mr. Karasu from $5,130,137 to $2,773,021. Medical expenses and physical therapy was reduced from $1,500,000 to $137,200, lost future earnings were reduced from $892,424 to $133,838, and social security retirement benefits were reduced from $277,318 to $41,598. Security Auto Sales also contended that the pain and suffering award was excessive; however, the judge upheld the $2,000,000 pain and suffering damages award.
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