Court Awards Tenant $5 Million After Injury from Ceiling Collapse

Tenant sued prior and current landlords for damages after she was injured in her apartment. The building had been sold six days before the incident. Part of the ceiling collapsed on her, and she suffered tendon and ligament tears in her right ankle and herniated discs that required a two-day spinal fusion surgery. She also suffered pain and limitation of movement. After trial a jury awarded tenant $1 million for past pain and suffering, $6 million for future pain and suffering, and $7 million for future medical expenses. The court found that the prior owner was 1 percent responsible and current landlord 99 percent responsible.

Landlords appealed and won in part. The jury's apportionment of fault was reasonable because new landlord was aware of the dangerous condition in tenant's apartment before it bought the building and could reasonably have cured it within six days. The award for past pain and suffering wasn't excessive and was supported by evidence. But the awards for future pain, suffering, and medical expenses were excessive. The appeals court reduced these awards from a total of $13 million to under $5 million. 

Register v. SAS Morrison LLC: App. No. 12603-12603A, Case Nos. 2019-03324, 2019-03325, 2020 NY Slip Op 07683 (App. Div. 1 Dept.; 12/17/20; Manzanet-Daniels, JP, Mazzarelli, Gesmer, Moulton, Shulman, JJ)