1. Appellate Court Slashes Pain and
Suffering Verdict in Ankle Injury
Case

2. By John Hochfelder on September 24, 2012 Posted in Ankle Injuries
On December 27, 2002, Massoud Micky, then 47 years old, was walking to
the subway in the Bronx, on his way to work, when he fell stepping onto a
sidewalk sustaining a severe ankle fracture that he ultimately claimed was
caused when his foot was caught in a large gap that created an
uneven, misaligned and broken sidewalk curb.
In his ensuing lawsuit against the City of New York, Micky had to prove that
the city had prior notice of the sidewalk defect. He showed the jury a map
created by the Big Apple Pothole and Sidewalk Protection Committee that
identified as defective the area where Mr. Micky fell. Since the map had
been provided to the city long before the accident, the jurors found the city
liable.
Micky was awarded pain and suffering damages in the sum of $750,000
($250,000 past – 8 years, $500,000 future – 21 years).
The city appealed, arguing both that there was no liability (plaintiff had
originally stated he fell due to snow and ice, not because of any defect) and
that the damages award was excessive.

3. In Micky v. City of New York (1st Dept. 2012), the liability verdict against
the city was affirmed but the damages award was reduced to $250,000
($100,000 past, $150,000 future).

4. Here are the details of plaintiff’s injuries:
 comminuted bimalleolar ankle fracture
 open reduction internal fixation surgery with insertion of metal plate and
screw
 three day hospitalization, casted one month, physical therapy for five weeks
(after which plaintiff never had any more medical treatment for this injury)
 unable to return to work (machine operator) for three months (working as
security guard at time of trial)
 post-traumatic arthritis (that plaintiff’s expert said is progressive, permanent
and will likely require future surgery)
 continuing pain, significant range of motion loss, antalgic gait (limp) and
inability to resume previously very active recreational soccer

5. The appellate court judges based their very significant damage award
reduction on case precedent. Without discussion, the decision merely
mentions four prior cases, each dealing with ankle fractures.
POSTED BY ATTORNEY RENE G. GARCIA:
For more information:- Some of our clients have suffered this kind of injuries 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.
http://www.newyorkinjurycasesblog.com/2010/07/articles/back-injuries/lumbar-
compression-fracture-from-trip-and-fall-results-in-20000-pain-and-suffering-verdict-
increased-on-appeal-to-90000/