Highest Future Pain and Suffering Award Upheld by The New York State Appellate Court, First Department, in Judgment Against Budget Rent A Car Corporation
NEW YORK, Nov. 21, 2005 -- The New York State Supreme Court, Appellate Division, First Department, has awarded $21 million to an accident victim, setting a record $8 million for future pain and suffering. The plaintiff was represented by Kreindler & Kreindler LLP of New York. The case involved a 25-year-old pedestrian who was rendered a paraplegic when struck down in Manhattan in an accident caused by a Budget Rent A Car in November 2000.
The case was tried in New York County by Marc S. Moller and David C. Cook of Kreindler. In January 2005, Supreme Court trial judge Milton A. Tingling Jr., JSC, upheld $20.3 million of a $24.5 million December 2003 jury verdict, one of the highest such verdicts ever returned and affirmed in New York State. The appeal was argued before the Appellate Court on October 27, 2005.
"This case raised the bar for catastrophically injured plaintiff's pain and suffering recoveries, as the current law imposes upon the courts the stringent standard that awards may not deviate materially from what would be reasonable compensation under the circumstances," said Mr. Moller. "The courts have interpreted this language conservatively, making it difficult for plaintiffs to obtain full and fair recovery for this element of loss."
"This may be the last of the vicarious liability cases holding rental car companies responsible for the negligence of their operators, as the law of vicarious liability was revoked in August by the Federal Government's passage of the Graves Amendment to the Federal Transportation Funding bill," noted Mr. Cook. "In the future, innocent victims of such incidents will be relegated to a meager existence as a public charge, with the taxpayer shouldering the burden instead of these large corporations which do little, if any, investigation into the qualifications of their renters."
About Kreindler & Kreindler LLP
Kreindler & Kreindler LLP (www.kreindler.com) is a leader in representing plaintiffs in complex litigation. The firm has a large general tort practice and has handled thousands of cases involving automobile accidents; train and bus accidents; workplace accidents involving defective machinery; construction site accidents; products liability, including dangerously defective drugs; premises liability; and municipal and other governmental liability for serious injury or death. Kreindler is the largest aviation law firm representing plaintiffs in the United States, with a worldwide reputation for successful prosecution of aviation cases. The firm was founded in 1950. For more information contact: Marc S. Moller or David C. Cook at 212-687-8181.