amount of work put in by plaintiff’s counsel to make it come out this way. That’s where the real story is.
Plaintiff livery driver drove defendant’s daughter home to her mother and her father. When a dispute arose over the fare, defendant father hit plaintiff with a baseball bat, fracturing plaintiff’s left pinky finger and injuring his left knee. Defendant pleaded guilty to the assault, so only damages remained to be tried before the jury. The evidence showed that plaintiff was treated at the ER, then by two other doctors, receiving therapy for 2-3 months. Plaintiff was afraid to go out at night, couldn’t work for 8 months, and though he was trained in the hotel industry, couldn’t work there because he could not carry heavy luggage. Plaintiff’s doctor testified how the fractured finger was immobilized in a cast for 6 weeks, with permanent limitation of motion preventing the carrying of heavy objects, even though a pre-existing injury to the other hand could well have limited his ability to carry heavy luggage. Now, in this Kings County case, it’s time to play the game.
The jury gave plaintiff $50,000 for past and $125,000 for future pain and suffering, together with $25,000 in punitive damages. The AppDiv sustained all but the future p+s award, which was reduced to $75,000. Why? We don’t know. Third base.