On October 5, 2015, Kathleen Henry a standing passenger on a New Jersey Transit Corporation bus that ended another vehicle in the back of the Lincoln tunnel. Mrs. Henry, then 54 years old, was thrown to the ground and injured his shoulder.
In her subsequent lawsuit against the bus driver and owner, Ms. Henry was awarded a prison sentence and the matter was brought to a damages lawsuit.
The Manhattan jury has awarded Compensation for pain and suffering of $ 800,000 ($ 400,000 in the past – four years, $ 400,000 in the future – 21 years). Both the judge of the first court and an appeals court in Henry v. New Jersey Transit Corp.. (1st Dept. 2021) confirmed the award as appropriate.
Here are the Information on injury:
- three-part Dislocation of the proximal humerus fracture Necessary open reduction operation for internal fixation with insertion of a plate and screws
- second operation (arthroscopic) 10 months later – subacromial decompression, debridement of the glenohumeral joint and rotator cuff
- one year of physiotherapy
- persistent and persistent pain, decreased rotator cuff strength, and limited range of motion
- significant scar
Defendants argued that the compensations were excessive, claiming the plaintiff had recovered well and her persistent disabilities were minor and not permanent.
- The plaintiff was also awarded past medical expenses $ 180,000, but the judge reduced her sentence by that amount because it had already been paid for by the health insurance company.
- The plaintiff suffered from stroke two years after her accident; it was not serious, had nothing to do with her accident, and she is making no claim for damages in relation to it in this lawsuit.
- The jury was not asked to consider claims for loss of wages or future medical expenses.
- In Buzz, the defense proposed $ 200,000 in compensation for past and future pain and damage suffered; The plaintiff’s attorney sought $ 2,300,000.