On March 2, 2011, Louis U. Gasparini (Partner-White Plains) obtained a favorable verdict on behalf of his client, a local property management company in a damages only inquest trial. In the case of May v. CDT Real Property Management, the plaintiff a now retired Westchester County Probation Officer alleged both physical and emotional injuries stemming from a fall down incident. The Plaintiff was a decorated Vietnam War veteran who sustained serious injuries during combat. Many years later he was compelled to have his left leg amputated below the knee. The plaintiff alleged that after sustaining a fracture injury to his other leg, he then was required to use his prosthetic leg for balance and stability which he claimed made it difficult and painful to physically function. He also claimed that this prohibited him from engaging in the physical activity that he did prior to the incident, including weight lifting, martial arts and field work in connection with his duties as a probation officer. Testimony was heard at the trial that plaintiff was forced into retirement as a direct result of his leg injury and the affect upon his pre-existing prosthetic leg. The Plaintiff also claimed an aggravation of pre-existing post-traumatic stress disorder. The Plaintiff's lawyer requested that the jury award him $7,437,600.00 in damages.
The defendant presented evidence at trial that the plaintiff had returned to normal status, and was engaging in his usual pre-incident activities.
The jury returned a verdict of $200,000 for past pain and suffering, $110,000 for future pain and suffering, $0 for future wages, $12,600 for lost time from work and $20,000 for the replacement of his prosthetic leg that was damaged during the incident.
May v. CDT Real Property Management (Supreme Court, Westchester County)
DeCaro & Kaplen, Pleasantville, NY for plaintiff.
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