In Ortiz v. New York City Transit Authority, a New York County Supreme Court jury awarded $400,000 to a woman who fell down the steps of a New York City subway station.
Olga Ortiz's orthopedic surgeon testified that the fall "significantly exacerbated" a previously existing back injury, and that the discs in Olga's back had expanded and thus inhibited her ability to bend, walk, lift and sit, without severe pain. Not only was that condition diagnosed as permanent, but the physician recommended that Olga explore the possibility of having her coccyx removed.
Faced with that record, the Appellate Division, First Department, left the judgment undisturbed.
That was no tall tail.
To view a copy of the Appellate Division's decision, please use this link: Ortiz v. New York City Transit Authority