After colliding head-on with another driver, Jose DeJesus Adames suffered knee injuries which required physical therapy, arthroscopic surgery, and a total knee replacement.
A Richmond County Supreme Court jury found Adames and the other driver, Kerollous Awad, equally at fault for the accident and determined that Adames was only entitled to $7,500 for past pain and suffering, and absolutely nothing -- i.e., zilch -- for future pain, suffering or medical costs. (In other words, Adames was originally going to recover a "whopping" $3,750.)
On appeal, the Appellate Division, Second Department, directed that a new trial be held on the issue of damages. However, a rehearing will be avoided if Awad consents to an increased damage award of $150,000 for past pain and suffering, and $150,000 for future pain and suffering, thereby bumping-up Adames' total recovery to 150 grand.
The AD2 was of the opinion that $3,750 wasn't "reasonable compensation" under the circumstances and hadn't been based on a "fair interpretation of the evidence."
Looks like Adames may end up with A wad of cash.
To download a copy of the Appellate Division's decision, please use this link: Adames v. Awad