On June 14, 2019, Rizwan Sharif injured his right foot at a construction site in Queens when he slipped and fell from an eight foot tall chain link fence he’d been instructed to measure. Mr. Sharif, then 34 years old, sued the property owner claiming violations of the Labor Law (he wasn’t provided a ladder) and general negligence.
The defendant failed to defend the lawsuit and plaintiff was granted a default judgment. Thereafter, on 11/3/21, an inquest on damages was held following which the judge awarded pain and suffering damages in the sum of $100,000.
Plaintiff appealed, arguing that the damages award was inadequate. In Sharif v. Pritam Properties, Inc. (2d Dept. 2024), the appellate court increased the award to $400,000.
The appellate court did not discuss the injuries sustained. Here are the injury details:
- Lisfranc Injury – fractures of three metatarsals, cuneiform and cuboid in right foot
- Casted for one month
- Open Reduction Internal Fixation surgery a month after the accident
- Hardware removal surgery two years later
The inquest was held less than six weeks after the hardware removal surgery at which time plaintiff testified that he was in great pain and still unable to return to work. His pain management physician was the only other witness; he testified that the accident also caused a herniated disc in plaintiff’s back that had required three epidural steroid injections, was still causing plaintiff pain and difficulties and would require further treatment.
Inside Information:
- Plaintiff’s attorney asked the inquest judge to award a total of $6,400,000 ($3,500,000 for pain and suffering and the balance for lost wages and medical expenses).
- In his decision, the inquest judge did not analyze plaintiff’s injuries or explain whether the damages were for past pain and suffering, future pain and suffering or economic claims.
- In the judgment ultimately entered on the $400,000 award, plaintiff was awarded an additional $150,000 for interest.