In Rubio v. New York City Transit Authority, the Appellate Division, First Department reduced a damages award of almost $2.5 million dollars to $1 million for pain and suffering due to a shoulder injury. Joseph Rubio was boarding a kneeling Transit Authority bus when the steps of the bus rose without warning, causing him to fall forward and hurt his shoulder. Of note, it was Rubio’s dominant shoulder which was later operated on to repair the subscapularis and supraspinatus. Rubio also sustained a post-operative infection at the surgical site. Rubio sued the Transit Authority alleging the bus driver was negligent in his operation of raising the kneeling bus while Rubio was still in the stairwell while boarding. Notably, Rubio did not report the accident to the police or Transit Authority, nor was an ambulance called to assist Rubio. Rubio also did not immediately seek medical attention; he went to work and only later went to see his doctor. Due to these misgivings, the Transit Authority argued that the accident never happened.
A New York County jury deliberated and found the Transit Authority was 100% liable. They awarded Rubio $2.5 million with a breakdown of $750,000 past pain and suffering with $1,684,615 future pain and suffering for 14.6 years. The First Department reduced the jury’s award to $1,000,000, allocating $500,000 for past and $500,000 for future pain and suffering.
The award seems like a lot for a case of this type, but Rubio’s orthopedic expert in the case, Jeffrey Kaplan, M.D., testified that the post-operative infection broke down the surgical repair of Rubio’s shoulder, and that Rubio would have a permanent loss in range of motion of the shoulder of 50% with progressive degeneration. Clearly, Rubio’s injuries were more substantial that the run-of-the-mill rotator cuff tear here, but to even award $1 million still seems more than normal. Rubio can no longer shower, shave or get dressed without his wife’s assistance and can no longer enjoy hiking, cycling or bowling.
If you have been injured due to the negligence of another, call the Ginarte Law Firm today: 1-888-GINARTE . You may be entitled to money for your injuries. We have 25 experienced attorneys ready to get started on your case today. Put our 150 years of combined experience to work for you!