Personal injury cases can be confusing for jurors, who often must decide issues such as who is responsible and to what degree, the value of past and future medical expenses, and the value of pain and suffering. When trying cases in Buffalo, we make every effort to ensure that the jury fully understands what is going on and the implications of their decisions. A recent case from across New York State that has been overturned on appeal and ordered for re-trial offers a good example of what happens what jurors do not fully understand the issues in a case.
In Dessasore v. New York City Housing Authority, Davin Dessasore fell down a flight of stairs after tripping over a loose handrail lying on the steps. Mr. Dessasore suffered herniated disks in his back that required fusion of his vertebrae and was still reporting symptoms five years later. After trial, a jury awarded him $5 million for past pain and suffering.
Unfortunately for Mr. Dessarore, there was evidence that he had been talking on a cell phone when he fell. As a result, the jury had concluded that both parties were negligent, but also concluded that the use of a cell phone had no bearing on the fall and that the defendant was fully liable for the damages. On appeal, the court found the factthe jury’s belief that Mr. Dessarore was distracted while walking on the stairs but that this had no relationship to his fall to be “irreconcilably inconsistent” and required a new trial.
The court on appeal also upheld the trial court’s finding that the $5 million award for past pain and suffering was irrational. This conclusion was reached because despite this large award for past pain and suffering, the jury declined to award Mr. Dessasore any damages at all for his medical expenses or pain and suffering in the future.
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