Tenant Wasn't Entitled to Future Damages

May 31, 2001

LVT Number: 15001

Tenant sued landlord for negligence after she tripped and fell on a tool bag in the building hallway. She was treated for a small cut on her face and a sprained back. A jury awarded tenant $5,000 for past pain and suffering, $10,000 for past medical expenses, and nothing for future damages. Tenant asked the court to set aside the jury award as inadequate. The court ruled for tenant. Landlord appealed and won. Tenant's MRI and CAT scan were normal right after the accident, and she traveled extensively in the years following.

Tenant sued landlord for negligence after she tripped and fell on a tool bag in the building hallway. She was treated for a small cut on her face and a sprained back. A jury awarded tenant $5,000 for past pain and suffering, $10,000 for past medical expenses, and nothing for future damages. Tenant asked the court to set aside the jury award as inadequate. The court ruled for tenant. Landlord appealed and won. Tenant's MRI and CAT scan were normal right after the accident, and she traveled extensively in the years following. The jury reasonably decided that she didn't have future damages.

Bako v. London: NYLJ, 5/22/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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