Pain and Suffering Award Reduced by Millions on Appeal
On September 6, 2006, at approximately 2 PM, Mr. Matthew Falcone was involved in an accident caused by a motorist operating a van owned by Verizon. Mr. Falcone was crossing Stillwell Avenue near the Bay 43rd Street intersection in Coney Island, Brooklyn when he stepped from behind an elevated train support pillar, and was hit by the van. Stillwell Avenue is a significant north-south roadway that has elevated subway tracks that run parallel to the surface and are supported by large steel pillars. The van was being driven by Verizon’s employee, Mr. Franklin Williams. Mr. Falcone, who was then 50 years old, was transported to Lutheran Hospital. When he was taken to the hospital, the attending doctors found Mr. Falcone in a coma. He remained in a state of coma for two months. His injuries were so grievous that he was classified as "likely to die" at the hospital. Mr. Falcone's sister, Doreen Bergamo, commenced a lawsuit on his behalf seeking to recover damages for the extensive physical injuries Mr. Falcone sustained as a result of the accident. Both, Verizon and its employee Mr. Franklin Williams were made party to the lawsuit.
The Lawsuit
Ms. Bergamo called one medical witness and a neurologist during the jury trial. The medical witness testified that Mr. Falcone suffered multiple skull fractures, brain hemorrhages, blood clots, fractures in his eye area, and a fracture of his cervical spine. The medical witness further testified that Mr. Falcone had permanent paralysis on the left side of his body, impaired vision, and would remain wheelchair bound. He further testified that Mr. Falcone would have cognitive and speech deficits, and he would require assistance in all of his grooming and hygiene requirements. The neurologist testified that Mr. Falcone had general anxiety after his accident. Defendants testified that Mr. Falcone was on Social Security Disability due to a pre-existing anxiety disorder, was infected with a chronic case of Hepatitis C, and was also HIV positive. Mr. Falcone also abused heroin for many years and was on methadone maintenance.
On behalf of the Defendants’, a police accident investigator stated that Mr. Falcone negligently crossed the Stillwell Avenue from behind an elevated train support and Defendants could not prevent the accident. On November 17, 2010, Jury found Defendants 100% at fault and awarded Mr. Falcone $30,000,000 for past pain and suffering, $5,438,000 for future pain and suffering for twenty-five years, and $5,438,000 for total future life care needs. Interestingly, Ms. Bergamo made a claim of $6,000,000 for past pain and suffering damages, but was awarded $30,000,000 due to the graveness and permanency of injuries caused to Mr. Falcone.
Defendants filed a post-trial motion under CPLR 4404 (a) challenging the liability verdict and the damages for being excessive. Upon review of the medical evidence supporting Hepatitis C and HIV, Mr. Falcone’s history of anxiety, drug use, and testimony of the police accident investigator, the amount for past pain and suffering was deemed excessive by the presiding justice, and was reduced to $7,500,000. Ms. Bergamo consented to the reduced award because it was more than her original claim. Defendants appealed, arguing that all of the damages were still excessive.
The Appeal
In Bergamo v Verizon N.Y., Inc., the Appellate Court, Second Department reviewed all the evidence and testimonies presented by both parties in jury trial. Additionally, the Appellate Court also reviewed similar cases. Appellate Court noted that the jury and the judge should not have awarded more than what Ms. Bergamo’s counsel had requested in past pain and suffering damages. Appellate Court also noted that Mr. Falcone’s complications had arisen out of his pre-existing medical conditions and drug usage. Based on the above, the total pain and suffering damages awarded to Ms. Bergamo was further reduced to $6,000,000 ($2,000,000 past, $4,000,000 future) on May 8, 2012. Her total pain and suffering damages were reduced by $29,438,000. In addition to damages for pain and suffering, the jury also awarded Mr. Falcone approximately $5,000,000 for his future economic damages including $3,900,000 for his future care and support and various other sums for medical and related expenses.
Sternberg Injury Law Firm
If you or someone you care about has been hurt in a pedestrian accident in Brooklyn, the Sternberg Injury Law Firm is here to help. We offer free consultations to assess your case and guide you through each step of the legal journey. Committed to securing the highest compensation possible, our experienced attorneys are focused on defending your rights and achieving the best outcome for you. When you partner with us, we’ll carefully review your case, explore your options, and explain how we can best assist you. We proudly serve clients throughout Brooklyn and nearby communities. Reach out to us today via email, text, or our online contact form to start pursuing the justice you deserve.