1. Appeals Court
Affirms $2,000,000
Pain and Suffering
Verdict for Neck
Injury.

2. On January 13, 2006 at about 1
p.m., Mohammed Kayes, then 44
years old, was walking with his
three year old daughter on the
sidewalk adjacent to Queens
Boulevard near 34th Street in Long
Island City. Suddenly, a transit
authority truck backed up and
pushed over a 40 pound stop sign
and pole that then dislodged and
struck Kayes on his head and neck.
He was knocked to the ground
unconscious.
In his ensuing lawsuit against the truck driver and the transit
authority, Kayes was awarded summary judgment on the issue of
liability and a jury trial on the issue of damages only was held in
Queens County resulting in a plaintiff’s verdict in the sum of
$2,000,000 for pain and suffering damages ($500,000 past – four
years, $1,500,000 future – 30 years). Defendants appealed
arguing that the award was excessive; however, in Kayes v.
Liberati(2d Dept. 2013), the jury verdict has been affirmed.

3. Here are the details of plaintiff’s injuries and treatment:
Large bruise on head with pain in neck, head and back
requiring emergency ambulance transport to the local
hospital
Treated in E.R. with neck brace and pain medication,
discharged eight hours later after negative CT scan
Medical clinic treatment after two sleepless nights in pain;
treated with pain medications and referred to physical
therapist where he was treated for nine months 1-2 times
per week
Continuing neck and left arm pain with radiculopathy,
spasms and significant loss of range of motion in neck
MRI confirms herniated disc at C5-6 (impinging on nerves)
and EMG confirms related left arm nerve damage
Epidural steroid injections
Surgery July 11, 2007: anterior cervical discectomy and
fusion in which the disc between C5 and C6 was removed, a
piece of bone was inserted as a stabilizer and a titanium
plate was screwed in to lock the two vertebrae together.

4. The surgery helped reduce the pain in plaintiff’s
left arm but it did not eliminate his neck pain.
Mr. Kayes had continuing headaches, neck pain
and burning pain on the left side of his head.
Several pain medications and a new course of
physical therapy were tried to little avail.
Mr. Kaye testified as to his continuing injuries
and disabilities:
.unremitting pain, both day and night
.cannot lift more than 10 pounds
.dizziness from the medications
.unable to drive a car, play with his child, do
household chores or return to work as a
busboy.

5. Plaintiff’s surgeon, Alexander de Moura, M.D., testified
that his prognosis is “guarded” at best and that within
10 years plaintiff will require additional cervical
surgery because of increased stress on the level
above the fusion site where the disc was already
starting to degenerate more.
At the close of trial, before the jury began its
deliberations, the trial judge directed a verdict as to
plaintiff’s future medical expenses $831,640) and lost
earnings ($605,000) because the defendants had
failed to put forth “one iota” of evidence contradictory
to that proffered by plaintiff. The appellate court,
though, ruled that the judge should not have taken
those issues away from the jurors because they could
rationally have determined that the awards for those
items of damage could have been less than the
amount directed by the judge. Accordingly, a new trial
was ordered to be held on the issue of damages
for future medical expenses and lost earnings only.

6. inside Information:
Plaintiff was examined by defense experts in orthopedics and
neurology but neither physician was called to testify because their
examinations pre-dated plaintiff’s surgery and defense counsel
never opted to have follow-up examinations conducted.
The only post-surgical examinations for the defense were
conducted by an ophthalmologist and a psychologist which the trial
judge declared was “amazing”: “After surgery to fuse the upper
levels of the neck, instead of having an [examination] as to the neck
… they take a psychiatric [examination] and ophthalmologic
[examination] ….”
The only witness called by the defense was a radiologist who
reviewed the MRI and confirmed that Kayes had sustained disc
herniations at C5-6 and acknowledged that the fusion surgery will
accelerate the degenerative process in plaintiff’s cervical spine.
The claim for plaintiff’s three year old daughter was settled for
$8,000 at the start of the trial.
http://www.newyorkinjurycasesblog.co
m/

7. POSTED BY ATTORNEY RENE G.
GARCIA
Some of our clients have suffered
injuries that require a Pain
Management Doctor due to a
serious accident. The Garcia Law
Firm, P.C. was able to successfully
handle these types of cases. For a
free consultation please call us at
1-866- SCAFFOLD or 212-725-1313.