Courts Evaluate Pain and Suffering Award in Non-Surgical Spinal Injury Case

On September 6, 2016, Bruce Brown was asleep in his bed when an unsafe ceiling collapsed above him in an apartment and the debris fell onto him. Mr. Brown then 74 years old, claimed that he sustained significant spinal disc injuries and he sued the premises owner.

After returning a verdict finding that the defendant was negligent, the Bronx County jury awarded plaintiff pain and suffering damages in the sun of $1,000,000 ($500,000 past – 5 1/2 years, $500,000 future – 10 years). The trial judge found that the award was not excessive.

In Brown v. Voda Realty LLC (1st Dept. 2024), the appellate court reduced the pain and suffering award to $800,000 ($400,000 past, $400,000 future).

Here are the injury details:

• aggravation of age-related, pre-existing degenerative cervical and lumbar spine conditions (herniated discs C3-7 and L3-S1)
• first medical treatment five days after the incident (treated and released at ER)
• three months of physical therapy
• continuing pain in back and neck leaving plaintiff unable to run, dance with his wife, carry his grandchildren or do grocery shopping and requiring over-the-counter pain medication

Inside Information:

• after the ceiling fell, plaintiff felt immediate pain but he thought it would go away so he then took a shower and went back to bed
• defendants argued that the pain and suffering award should be reduced to $300,000