On June 16, 2021, Elizabeth Taveras, then 47 years old, was walking on a sidewalk in the Bronx when she tripped and fell sustaining injuries to her hand.
In her ensuing lawsuit against the owner and tenant of the building abutting the sidewalk, defendants failed to answer the complaint, Ms. Tavarez was granted a default judgment and an inquest on damages was held.
After the inquest, the judge awarded plaintiff pain and suffering damages in the sum of $4,500.
Plaintiff appealed arguing that the award was inadequate. The appellate court agreed. In Tavarez v. 920 East 173rd Street Realty LLC (1st Dept. 2025), the pain and suffering award was increased to $50,000.
Here are the injury details:
- Fractures of 4th and 5th metacarpal bones
- Casted one month; physical therapy for 18 months
- Continuing limitations of range of motion
Plaintiff claimed that the accident caused a claw deformity that severely limited use of her hand and left her in pain and needing assistance in activities of daily living such as cooking and getting dressed. The appellate court, though, agreed with the inquest judge that there were other conditions affecting plaintiff’s hand, including nerve conditions, that were not causally related to the accident.