Jury’s Pain and Suffering Damages Award Affirmed in Ankle Injury Case

 

On August 7, 2014, Angel Diaz was driving his motorcycle on North Avenue in New Rochelle when he collided with a car driving in the same direction and was thrown from his bike to the roadway. Diaz sustained a serious ankle injury and sued the other driver claiming she was fully at fault for the accident.

A Westchester County jury determined that both parties caused the crash – plaintiff 55%, defendant 45% – and awarded (before apportionment) pain and suffering damages in the sum of $230,000 ($162,500 past – three years, $67,500 future – 40 years).

Plaintiff’s post-trial motion arguing that the damages award is inadequate was denied by the presiding judge whose opinion was affirmed by the appellate court in Diaz v. Dadabo (2d Dept. 2019).

Read the full article on John M. Hochfelder's New York Injury Cases Blog.

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