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Appellate Court Affirms Substantial Pain and Suffering Award in Foot Injury Case


On December 12, 2014, Phil Wynter, then 43 years old, was walking to work crossing Merrick Boulevard in Queens when a bus ran over his foot causing massive injuries.

Mr. Wynter sued the bus company and its driver. Just before trial, they conceded liability and the matter proceeded to address damages only.

The jury awarded plaintiff pain and suffering damages in the sum of $5,500,000 ($3,000,000 past – 3.75 years, $2,500,000 future – 30 years).

Defendants argued that the damages award is excessive; however, in Wynter v. Transdev Services, Inc., the appellate court affirmed the award.

Here are the injury details:

  • left foot crush and degloving injury
  • amputation of big toe, multiple fractures and deformities of other four toes
  • five surgeries
  • 29 days in hospital
  • continuing pain every day
  • unable to walk without a cane or crutches

The jury also awarded plaintiff $600,000 for future medical expenses over a 30 year period. Defendants argued that this award was speculative in part and the appellate court agreed, ruling that it should be reduced to $450,000.

Inside Information:

  • At the time of the accident, Mr. Wynter was living with his mother in order to help her because she was sick with cancer.
  • The parties agreed that plaintiff should be awarded $203,000 for past medical expenses.



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