Pain and Suffering Award Reduced in Underground Explosion Case
Ms. Marjorie Kane Talenti, 70 years old, characterized herself as a happy, vivacious, and fiercely independent woman, and was employed as an administrative assistant at a prominent Manhattan law firm. On July 18, 2007, she was positioned near the intersection of 40th Street and Lexington Avenue in Manhattan. She was poised to cross the street when a subterranean explosion abruptly propelled her into the air. Upon landing, bricks, stones, and scalding water descended upon her, enveloping her completely. She was unable to open her eyes and lay helplessly on the floor for approximately forty minutes. New York City Fire Chief, Mr. John Joyce, rescued her upon observing movement beneath the substantial debris of boulders, asphalt, concrete, and mud that obscured her. Upon further investigation, it turned out that Consolidated Edison Inc. had failed to service its underground steam system that consisted of a network of pipes, pumping equipment, and other maintenance equipment. There was a leak in the underground system which was left unattended. This led to constant leakage which resulted in an eruption due to increased underground pressure. Ms. Talenti sued Consolidated Edison Inc., Consolidated Edison Company of New York Inc., and the City of New York on April 16, 2008.
The Lawsuit
Defendants conceded liability and the case directly went on to trial for damages. Ms. Talenti testified to the severity of her injuries that she sustained. She sustained a fracture and the top layer of her skin and tissue were torn away from the underlying bone. This led to an infection. She had to undergo two surgeries to treat her infected and deformed leg. Her fifth toe became black, was infected by gangrene, and eventually had to be amputated. She further stated having undergone eleven additional surgeries over the next six months. She had to undergo a lot of emotional support and well-being counselling. In September 2007, she testified to having a bacterial infection (Clostridioides Difficile) along with uncontrollable diarrhea which discontinued her therapy. She was administered medicines that caused her nausea and loss of appetite, due to which she became very weak. This slowed down the recovery of her leg, which ultimately became worse as blood and puss started to leak from her injuries. She testified to experiencing anxiety, demoralization, and depression, along with diminished appetite, insomnia, and sorrow over her lost independence and routine. Her leg never fully recovered because of the bacterial infection and in January 2008, her doctors found that her infection had entered into her bones. She testified that her treatment went on for several months and she remained on physical therapy. Her orthopedist testified that she would need to exercise every day and would continue to struggle with chronic pain for the rest of her life. On February 19, 2015, Ms. Talenti was awarded $4,380,000 for past pain and suffering from July 18, 2007 to the date of the verdict and $7,442,000 for future pain and suffering, based on a life expectancy of fifteen years. She was also awarded lost earnings in the amount of $378,000. Defendants appealed the verdict dated February 19, 2015, under CPLR 4404(a) on grounds of the past and future pain and suffering damages being excessive. Ms. Talenti cross-filed her application under CPLR 4404(a) and sought an order for increasing the amount of damages for past pain and suffering to $7.5 million.
The Appeal
In Talenti v Consolidated Edison, Inc., the Appellate Judge reviewed all contentions and evidence presented during the trial. Defendants asserted that the collective award of $11.8 million for Ms. Talenti’s pain and suffering deviated materially from the past awards of Court in similar cases and was the product of undue sympathy. Ms. Talenti contended that the award should not be reduced and asserted that, considering the trauma from the explosion, the pain and suffering experienced during her treatment, and the loss of dignity resulting from her bacterial infection and diarrhea, the compensation for previous pain and suffering should be increased to $7.5 million. The Court determined that, in addition to enduring numerous surgeries, procedures, and humiliations, the incident causing Ms. Talenti’s injuries involved an explosion, succeeded by an exceptionally excruciating forty minutes during which no one came to her aid. Thus, labeling the verdict as a result of undue sympathy was inappropriate. Ms. Talenti presented cases to support her claim, however the Court distinguished them from her situation. It is also pertinent to note that in all cases presented by Ms. Talenti, the pain and suffering damages were much lesser than her demand. Based on the cases presented by the Defendants, the Court held that pain and suffering damages awarded to Ms. Talenti were excessive and reduced them to $2,500,000 for past pain and suffering and $1,500,000 for future pain and suffering damages. Lost earning damages of $378,000 were also reduced to $165,000 pursuant to Ms. Talenti’s stipulation.
Sternberg Injury Law Firm
Founded in 2016, Sternberg Injury Law Firm focuses on resolving personal injury cases, including those involving injury due to negligence of electrical providers. We are well prepared to handle such cases across New York State, including locations such as Woodhaven, Richmond Hill, and Ozone Park. As part of our services, we provide free consultations to anyone who is injured. During consultations, our attorneys will meticulously assess your case and determine how we can best support you. We are committed to securing maximum compensation for you. To start the process, please reach out today through our website, email, or phone.