$250,000 Awarded to Car Passenger for Shoulder Pain

A 57-year-old schoolteacher was on the front passenger seat of a vehicle which was being driven by her husband in Courtlandt Manor in New York when their car was rear ended by a vehicle being driven by Dennis Astrologo. The schoolteacher complained of pain in her right shoulder so she was taken to the local hospital where the doctor ordered an x-ray which turned negative. She was treated with pain medication and a sling. The patient was then released.
Three days later, she went to an orthopedic surgeon and he immediately ordered an MRI scan. It showed a full thickness rotator cuff tear. The patient had to undergo surgery a week later. In the meantime, Mrs. David was pursuing personal injury claims due to the accident. They filed a lawsuit on June 9, 2003 but her lawyers surprisingly filed the case in the wrong court where the maximum recovery was only $25,000.
When the lawyers realized the mistake, it was too late. They asked permission to transfer the case to the right court but their application was denied by the Supreme Court. The denial was upheld on appeal. Mrs. David then found a new counsel and sued her previous lawyers for malpractice. It was determined that the law firm committed malpractice but the plaintiff still have to prove that she would have won the car accident lawsuit. Furthermore, she has to prove financial recovery.
The liability issue was easily resolved because it was a rear-end accident. However, the issue about damages was heavily debated. Ultimately, the trial judge granted $250,000 for pain and suffering. This judgment was upheld and the appellate court noted that: the victim had limited range of movement after the accident and was unable to type, write, and had difficulty dressing, bathing, and engaging in other activities.