On March 2, 2011, Louis U. Gasparini (Partner) obtained a favorable verdict on behalf of his client, a local property management company in a damages only inquest trial. In the case of May v. CDT Real Property Management, the plaintiff a now retired Westchester County Probation Officer alleged both physical and emotional injuries stemming from a fall down incident. The Plaintiff was a decorated Vietnam War veteran who sustained serious injuries during combat in Vietnam. Many years later he underwent a partial amputation of his left leg below the knee related to his combat injuries.
In our case, the plaintiff alleged that after sustaining a fracture injury to his other leg, he was required to use his prosthetic leg for balance and stability which he claimed made it difficult and painful to physically function. He also claimed that this prohibited him from engaging in the physical activity that he did prior to the incident, including weight lifting, martial arts and field work in connection with his duties as a probation officer. Testimony was heard that plaintiff was forced into retirement as a direct result of this injury. The Plaintiff also claimed an aggravation of pre-existing post-traumatic stress disorder.
At trial, the Plaintiff's lawyer requested that the jury award him $7,437,600.00 in damages. We presented evidence at trial that the plaintiff had returned to normal status, and was engaging in his usual pre-incident activities. We also put forth proof obtained through a comprehensive background investigation which contradicted much of the Plaintiff's own testimony on direct examination.
The jury returned a verdict of $200,000 for past pain and suffering, $110,000 for future pain and suffering, $0 for future wages, $12,600 for lost time from work and $20,000 for the replacement of his prosthetic leg that was damaged during the incident. The jury's verdict was nearly identical to our final settlement offer prior to the start of the trial, and saved our client millions of dollars in potential exposure.
May v. CDT Real Property Management (Supreme Court, Westchester County) DeCaro & Kaplen, Pleasantville, NY for plaintiff.
109 South Warren Street
Syracuse, NY 13202
222 Bloomingdale Road
White Plains, NY 10605
1441 Route 22
Brewster, NY 10509
90 State Street
Albany, NY 12207