On December 4, 2013, Martin Glynn was riding his bicycle on Batten Road in Croton-on-Hudson. When he entered the intersection to cross Yorktown Road his bicycle collided with the passenger side of a car. As a result, Glynn, then a 68 year old self-employed computer programmer, sustained a significant injury to his dominant hand.
In the ensuing lawsuit, a Westchester County jury determined that the accident was 100% the fault of the vehicle driver. The jury then awarded pain and suffering damages in the sum of $358,000 ($24,000 past – three years, $334,000 future – 11.5 years).
In Glynn v. Altobelli (2d Dept. 2020), the appellate court affirmed the liability finding and ordered that the damages awards should be reduced by $58,000 to a total of $300,000 ($100,000 past, $200,000 future).
Here are the injury details:
- intraarticular comminuted displaced fracture of the base of the thumb metacarpal (Bennett fracture)
- open reduction internal fixation surgery to reduce the fracture with the insertion of three steel percutaneous pins
- removal of pins one month later
- cast six weeks, physical therapy four months, cortisone injection
- post-traumatic arthritis, decreased range of motion and fibrosis
Plaintiff testified at trial that that he still had:
- stiffness and lack of dexterity in his hand
- occasional burning pain and constant low level pain
- limitations as to his lifelong banjo playing as well as exercising and writing computer code
Plaintiff’s treating surgeon testified that his pain and limitations are permanent, will get worse and it is likely he will require future surgery (a CMC arthroplasty).
- The defense did not produce a medical expert.
- Plaintiff’s pre-trial settlement demand was $325,000; defendant’s offer was $200,000.