Brooklyn Boro

SKETCHES OF COURT: On sole issue of extent of damages, Brooklyn jury awards $225K for past and future pain

March 19, 2015 By Alba Acevedo Special to the Brooklyn Daily Eagle
Court sketch by Alba Acevedo

In this courtroom sketch, Hon. Arthur Schack listens as Bret I. Myerson (standing), of the law firm Harmon, Linder & Rogowsky, addresses the jury during a direct examination of the plaintiff (seated) in the summary jury motor vehicle accident trial of Nelson Tam v. Thomas Consolo and The Bread Depo. The defendants are represented by Glenn Schwartz of Karen L. Lawrence. 

The plaintiff was driving to his night-shift job in stalled traffic on the Belt Parkway in May 2010 when he heard the peal of screeching brakes just before feeling the impact to his car from a rear-end collision.

Although there was substantial damage to his vehicle, he was able to continue driving and reported for work as an overnight shelf stocker at Walmart. Within a day or two, however, he ceased working due to his claim of discomfort. The plaintiff was 64 at the time of the accident, and medical testimony for the plaintiff alleged injuries including a full thickness rotator cuff tear and meniscus tear, as well as neck and back spinal herniations. The plaintiff returned to work after six months.

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The defendants conceded liability before trial, but argued that the plaintiff’s medical condition was degenerative in nature and not due to injuries from the accident.

The jury returned a verdict on damages awarding the presumably credible plaintiff $150,000 for past pain and suffering and $75,000 for future pain and suffering, and no damages for lost wages. The plaintiff is currently retired. The trial concluded last week in Kings County civil term. 


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