On September 9, 2016, Susan DeFlorio, then 58 years old, was injured while crossing the intersection of Jericho Turnpike and Pennsylvania Avenue in Mineola when she was struck by a police vehicle owned by the County of Nassau and operated by one of its police officers.
In Ms. DeFlorio’s ensuing lawsuit, the jury determined that the accident was caused solely by the defendants. The jury then awarded plaintiff pain and suffering damages in the sum of $3,250,000 ($1,000,000 past – 3.5 years, $2,250,000 future – 20 years) and future medical expenses in the sum of $700,000 (20 years).
Defendants appealed the liability verdict and, alternatively, argued that the awards for pain and suffering and future medical expenses were excessive; however, both the liability and damages verdicts were affirmed in DeFlorio v. County of Nassau (2d Dept. 2026).
The defendants’ vehicle, an SUV, knocked plaintiff to the ground as it ran over and crushed her left foot and ankle. She sustained nine fractures, including a comminuted and displaced trimalleolar fracture. She underwent multiple surgical procedures, including (a) open reductions with internal fixation of both her cuboid and ankle fractures (b) hardware removal, and (c) resection of her fourth and fifth metatarsals.
Plaintiff claimed she had severe post-traumatic arthritis in her ankle joints that will likely necessitate future total ankle replacement surgery and that her gait was affected causing stress on her hips, for which a total hip replacement surgery is forecasted.
At trial, plaintiff testified that she was unable to ambulate without the assistance of a cane, had a loss of balance while walking, had difficulty walking stairs, and had constant numbness in her ankle.
The award for future medical expenses was supported by the testimony of plaintiff’s treating orthopedic surgeon as well as an expert physiatrist/life care planner.
Inside Information:
- Plaintiff had been employed as a recording supervisor for a title abstract company and was unable to return to work. The jury awarded damages for lost earnings in the sum of $381,259 ($166,259 past – 3.5 years, $215,000 future – 4.5 years).