Million Dollar Award Upheld After Appellant is a few days Late in Filing Paperwork
Jimmy Galarza was involved in a motor vehicle accident in Hempstead, New York, on July 23, 2016. The Nassau County Police Department's vehicle impacted Mr. Galarza's vehicle from behind while it was halted at an intersection. Mr. Galarza's vehicle was stationary when the collision occurred at the rear. As a result of this accident Mr. Galarza tore a cartilage in his knee which had to be treated with surgery. Mr. Galarza continued to have shoulder pains and was unable to carry packages, play basketball, or lift weights. Mr. Galarza also complained of back pains and had to undergo physical therapy for approximately one year. Mr. Galarza filed a lawsuit against Nassau County Police Department and Officer Lawrence Heaney.
The Lawsuit
The case was filed in Nassau County Supreme Court. Mr. Galarza contended that he stopped at a signal when Mr. Heaney impacted his vehicle from behind. Defendants failed to present any evidence that could show Mr. Galarza’s contribution to the accident. Mr. Galarza’s doctor testified that he had permanent injuries affecting his ability to work, but he did not discuss whether or not his accident was the proximate cause of these injuries. Based on this, the trial jury established liability against the Nassau County Police Department and Mr. Lawrence Heaney. The jury subsequently awarded Mr. Galarza $500,000 in pain and suffering damages ($120,000 in the past over a three-year period and $380,000 in the future over a 47-year period) and $700,000 in future medical expenses. The Defendants filed a petition claiming that the jury award was excessive as there was no connection established between the accident and Mr. Galarza’s injuries.
The trial judge upheld the Defendants’ liability but found the jury's award excessive, as Mr. Galarza’s doctor only proved knee injuries from the accident. He could not testify to anything in connection with back, neck, or shoulder injuries or link the other injuries to the accident. Mr. Galarza also testified that he now works as a personal trainer with minimal ongoing treatment. As a result, the $380,000 awarded for future pain and suffering was reduced to $100,000, based on comparable cases. The future medical expenses were also reduced to zero. Mr. Galarza appealed.
The Appeal
The Appellate Court noted in Galarza v. Heaney that Mr. Galarza was awarded $380,000 for future pain and suffering and $700,000 for future medical expenses by the jury on July 17, 2019. The Defendants filed a petition on August 7, 2019, to reduce this award and contending it as excessive. The Court observed and further held that the Defendants' petition should have been denied as untimely, as it was submitted more than fifteen days after the verdict without a valid justification for the delay. The Trial judge’s order was reversed, and the jury’s damages awards were fully reinstated. The Defendants again appealed but the dispute was settled between the parties before the appeal was decided.
Sternberg Injury Law Firm
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