Crushed Foot Results in 5-Million+ Jury Award
On December 12, 2014, 43-year old Phil Wynterwas walking to work in Queens. While crossing Merrick Boulevard, a bus struck his left side, knocked him down, and ran over his foot. This resulted in severe injuries to his foot. He was diagnosed with fractures, tissue damage, and long-term disability. His left foot was crushed, with his skin and tissue torn away from the muscle. He had multiple fractures and deformed toes. He had to undergo surgical procedures and was hospitalized for twenty-nine days. After he was discharged, he was confined to a wheelchair for approximately seven months, after which he used a walker for an additional two months. Approximately six months after his discharge, an additional surgical procedure was performed on him, during which the medical team grafted skin from his left thigh and hip to treat his crushed left foot. Aggrieved, Mr. Wynter sued Transdev Services Inc. and the driver involved.
The Lawsuit
The lawsuit was filed in Kings County Supreme Court. Just before the trial was to commence, the Defendants conceded liability, and the matter proceeded to trial for damages only. During the trial, Mr. Wynter presented evidence that he was employed in sales, participated in hiking and treks, and maintained an active lifestyle. Since his accident, Mr. Wynter had not worked and would have to use an assistive device to move with any degree of function for the rest of his life. Mr. Wynter also complained of neurogenic pain and had developed arthritis under his remaining toes. He also needed additional surgeries. All previous attempts to use a prosthetic device were unsuccessful. Based on this assessment, the jury awarded Mr. Wynter $5,500,000 in pain and suffering damages, ($3,000,000 in past damages awarded over a period of approximately four years and $2,500,000 in prospective damages awarded over a period of thirty years). The jury also awarded Mr. Wynter $600,000 for future medical expenses over a 30-year period. The Defendants appealed and contended that the damages awarded were excessive.
The Appeal
In Wynter v. Transdev Services, Inc, the Court reviewed the evidence and determined that the damages for pain and suffering pronounced by the trial jury were appropriate and should be upheld. At this time, Mr. Wynter’s treating physician also provided a firm assessment of his health. As per the physician, Mr. Wynter would need physical therapy, and visits to orthopedic and plastic surgeons. The testifying physician also mentioned that Mr. Wynter would need pain management physicians, as well as MRIs and other diagnostic tests, with a total estimated cost of $450,000. Based on this, the Appellate Court only reduced the cost of future medical expenses to $450,000.
Sternberg Injury Law Firm
The Sternberg Injury Law Firm, established in 2016, is dedicated to the resolution of personal injury cases. We are capable of accepting cases in all Queens neighborhoods including Forest Hills and Arverne. We provide complimentary consultations to all individuals who have sustained injuries and their families who desire to offer assistance. Our seasoned attorneys will conduct a thorough assessment of your case to ascertain the extent to which we can be of service. If you choose to retain us, we are committed to ensuring that you receive the highest possible compensation, thereby allowing you to focus on your recovery. Please reach out to us today via our website, email, or phone call to begin the process.