Fall in Jones Beach Theatre Results in Record-Breaking Award
Mark Perez, a 30-year-old construction worker sustained traumatic brain injuries and other physical injuries as a result of an accident that occurred on June 26, 2013, at the Jones Beach Theatre in Wantagh, New York. The mishap occurred while Mr. Perez was on top of a vendor booth that was in the process of being constructed. At the same time, an additional laborer operating a forklift inadvertently collided with the booth. This caused Mr. Perez to fall approximately ten feet onto a concrete surface. This accident caused traumatic brain damage, which resulted in long-term cognitive and physical effects. Mr. Perez also sustained bodily injuries, including fractures of the face and spine, chronic migraines and other forms of discomfort, epilepsy (that occurs after a traumatic event), light sensitivity, noise sensitivity, anxiety, depression, and post-traumatic stress disorder (PTSD). In addition, Mr. Perez had cognitive impairments that affected his attention and visual perception. Aggrieved, Mr. Perez filed a lawsuit against the forklift operator and owner-operator licensee, Live Nation Worldwide Inc.
The Lawsuit
Mr. Perez was granted a summary judgment of liability under Labor Law Section § 240(1) in his case against the forklift operator and the owner-operator, Live Nation, for neglecting to provide the requisite safety equipment to safeguard him from gravity-related hazards. A Manhattan jury awarded $85,750,000 ($10,500,000 past damages over a period of six and a half years, and $75,250,000 future damages over a period of 43 years) in pain and suffering damages. The matter was subsequently referred through a trial on the damages, which went on for fifteen days. Mr. Perez testified on his own behalf and presented evidence from family members and numerous medical specialists, including physicians who specialize in neurology, orthopedic surgery, and brain injuries. These experts elucidated that Perez sustained a traumatic brain injury, a skull fracture necessitating four operations, and severe orthopedic injuries. The evidence indicated that his condition had deteriorated since the accident and would likely continue to deteriorate over time making it practically impossible for him to gain remunerative employment in the future.
The Defendants’ medical experts conducted cognitive functions tests on Mr. Perez and claimed that his level of functioning was inconsistent with the results. Other experts questioned the necessity of future surgeries and extensive therapy, while also observing that Mr. Perez had been able to perform daily activities following the accident. Based on these testimonies and evidence provided, the trial judge determined that the evidence did not establish the need for future expenses. The judge reduced the pain and suffering damages to $40,600,000 ($10,500,000 past, $30,100,000 future). Defendant, Live Nation Worldwide Inc. appealed for a further reduction of this award.
The Appeal
The Appellate Court in Perez v. Live Nation Worldwide, Inc. conducted an investigation to gauge whether or not the future pain and suffering damages awarded to Mr. Perez were reasonable. During the appeal, Mr. Perez argued that his cognitive, neurological, emotional, psychological, and physical limitations were permanent and profound, and that they had a fundamental impact on his day-to-day life. The Defendant contended that Mr. Perez had made a "considerable recovery". They cited the fact that he exercises daily, frequently at a gym, and is capable of dressing, bathing, and feeding himself. Additionally, they noted that he testified at trial and in five depositions with exceptional specificity and had the ability to recall and endure examination. The Court reviewed the evidence and similar cases and determined that the award for past and future pain and suffering significantly varied from what would be considered reasonable compensation. Consequently, the Court ordered a final reduction of the pain and suffering damages to $20,000,000 ($5,000,000 past, $15,000,000 future). This award continues to be the largest pain and suffering damages award to be approved on appeal since the enactment of CPLR 5501(c), according to which New York's appellate courts are mandated to assess reasonable compensation on a case-by-case basis.
Sternberg Injury Law Firm
The Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury cases. We are capable of accepting cases in all regions of New York state, including Arverne and Medford. We offer free consultations to all individuals who have been injured and their families who wish to provide support. Our experienced attorneys will meticulously evaluate your case in order to determine how we can be of assistance. We are dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you elect to retain us. To initiate the procedure, please contact us today via our website, email, or phone call.