In Villaseca v. City of New York , Rodrigo Villaseca sued the Big Apple after an emotionally disturbed student slammed a door against his head.
Evidence established that the Board of Education (BOE) failed to properly inspect and maintain the door -- whose hydraulic controller had been broken for over a year. Notice had been previously given to the BOE, and if the hydraulic controller had been in proper working order, the door would not have slammed and caused Villaseca's injuries.
Villaseca suffered a detached retina of the right eye and, despite nine surgeries, lost sight in that eye. After trial, the Bronx County Supreme Court awarded him and his wife almost $11 million for past and future pain and suffering, future lost earnings, and medical expenses. On appeal, the Appellate Division, First Department, found that those damage awards excessive since Villaseca had a "pre-existing macular hole in his left eye," which meant that he already had very limited vision which impaired his ability to work. As a result, the AD1 was of the opinion that $5,572,466 was a more appropriate recovery -- meaning that the Villasecas can avoid a new trial if they accept about half of what the jury had originally awarded.
Let's hope the Villasecas don't lose sight of the fact that $5.5 Mil is still a lot of money.
To download a copy of the Appellate Division's decision, please use this link: Villaseca v. City of New York