Douglas S. Goldberg wins appeal after successfully containing damages at trial

A Westchester County Supreme Court jury awarded plaintiff, Angel Diaz, $162,500 in past pain and suffering and $67,500 in future pain and suffering for a projected 40 year life span. The award was reduced to $103,500 after a 55%/45% split on liability. Plaintiff sustained an oblique fibula fracture requiring open reduction/internal fixation with plating and screws after a motor vehicle accident. An epidural blood patch was performed to correct a cerebrospinal fluid leak resulting from the surgery in a separate procedure. Within a year of surgery, plaintiff had returned to most of his pre-accident activities including riding motorcycles, working out, and vacations to the Caribbean. Plaintiff moved to set aside the verdict as inadequate and contrary to the weight of the evidence and for a new trial on damages. The lower court denied the motion and the Appellate Division affirmed finding that the award did not deviate from what would be reasonable compensation.

More importantly, Douglas was able to accurately predict the jury verdict values and outcome in his detailed pretrial report to the carrier which allowed the adjuster to stay the course during trial, despite a continuing demand for the policy limits, with a favorable outcome.