“Trying the case for the Appellate Division.”
This phrase is not uncommon when controversial cases are discussed between opposing lawyers. The saying essentially means that no matter the outcome at the trial level in the Supreme Court, no matter who wins and how much, there will be appeals going to the next highest court in the State of New York: The Appellate Division.
Although liability may be appealed, major questions on appeal often focus on the amount of the award granted in the lower court in negligence damage cases. If there is a hotly-contested issue, e.g. whether a person suffered conscious pain and suffering prior to their demise in an action for wrongful death, then the jury’s determination as to the value of that injury can (and usually is) appealed by the unhappy party.
An example of the above discussed topics is the Hoover v. New Holland North America Inc. case. Briefly stated, this action involved the traumatic amputation of a 16 year old girl’s arm while she was helping her step-father perform some yard work with a tractor-driven post hole digger. She brought suit against the product’s designer, manufacturer, distributor, retailer, seller and owner claiming the digger was defectively designed and there was a failure to proper warn and guard the machine (among some other claims).
The jury found the digger was defectively designed and apportioned liability among the defendants in the following way: designer and manufacturer 30%, distributor 35%, owner 30% operator 30%, and retailer 2%. The total jury award was $8,811,587 with the following breakdown: $1,000,000 past pain & suffering, $4,000,000 future pain & suffering, past medicals $138,653, future medicals $2,677,934, past lost earnings $45,000, future loss of earnings $950,000.
Not surprisingly, BOTH SIDES appealed some portion of the awards to the Appellate Division. The Plaintiff argues that the $1,000,000 awarded for past pain and suffering was inadequate and presented evidences in an effort to increase that portion of the award. The Defendants appealed that the $5,000,000 total awarded for pain and suffering was excessive (a commonly appealed upon ground) and claimed the plaintiff enjoyed a “reasonable return to everyday activities.”
The Appellate Division affirmed (upheld) all awarded monetary values, denying the plaintiff’s as well as the defendants’ appeal.
In this case, one can easily see from the outset that if a settlement is not reached, the award will most likely be massive and will thereafter be appealed. It is incumbent upon lawyers to do their “due diligence” and research what awards were made in the past for similar injuries in similar cases to ensure their settlement negotiations (prior to trial, clearly) are sustainable in the jurisdiction.
If you have been injured due to the negligence of another, or due to the defective manufacture or design of a product, 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!