In T* v 920 * 1** St. Realty LLC, the Appellate Division, First Department, addressed the adequacy of a damages award following a default judgment in a personal injury case.
The plaintiff, ET, had obtained a default judgment against the defendants and proceeded to an inquest on damages. The Bronx County Supreme Court awarded her $4,500 for pain and suffering. On appeal, the Appellate Division, First Department, found that this amount materially deviated from what constituted reasonable compensation and modified the award to $50,000.
The case arose from a trip-and-fall incident in which T* sustained fractures to the fourth and fifth metacarpal bones of her hand. Although the injuries healed without surgical intervention, she experienced a persistent limitation in range of motion that lasted more than a year after the accident. The AD1 thought that warranted a significantly higher award for pain and suffering, citing precedent that supports more substantial compensation for similar injuries.
However, the court upheld the lower court’s determination that other alleged injuries, including nerve-related conditions, were not linked to the fall. This conclusion was based on a fair interpretation of the evidence presented at the inquest. The court also affirmed the denial of medical cost damages, noting that T* had not submitted direct evidence of such expenses. The only documentation offered was a Medicaid lien letter, which the court found insufficient to support a monetary award for medical treatment.
All metacarpals deserve their moment ....
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DECISION