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Featured Case

Verdict Awarding Zero Damages for Past Pain and Suffering in This Police Excessive-Force Case Set Aside; New Trial Ordered Unless the Parties Stipulate to a $200,000 Damages Award

The First Department determined the verdict awarding plaintiff zero damages for past pain and suffering should have been set aside in this police-excessive-force case (42 USC 1983). The court ordered a new trial unless the parties stipulated to a $200,000 damages award: “The undisputed evidence establishes that plaintiff was in pain the first night after being struck, that for about two weeks after the incident his broken nose and orbital bone fractures were ‘kind of rough,’ that he could only breathe through his mouth, that he had to get medication, that he suffered ‘really bad’ headaches, and that he required reconstructive nasal surgery as a result of his injuries.” Shimukonas v. City of New York, 2019 N.Y. Slip Op. 07147, First Dept 10-3-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.