On May 29, 2013, Keonna Greenidge was struck by a slow moving car while walking across Morris Avenue in the Bronx. Ms. Greenidge, then 22 years old, sued the driver claiming she sustained significant injuries to her spine and knees.

After determining that both parties were at fault – defendant 65%, plaintiff 35% – the jury awarded plaintiff (a) pain and suffering damages in the sum of $250,000 ($125,000 past – 10 years, $125,000 future – 10 years) and (b) future medical expenses in the sum of $200,000.

Both partied appealed – plaintiff argued that the pain and suffering award was inadequate and that she was not at fault at all; the defendant argued that the future medical expenses award was excessive. In Greenidge v. Steele (1st Dept. 2024), the appellate court affirmed both the liability and damages verdicts.

Here are the injuries claimed by plaintiff:

  • herniated disc at C4-5 requiring spinal fusion surgery on 9/22/16
  • anterior cruciate ligament tears in both knees requiring arthroscopic surgeries on 1/15/14 and 6/11/14
  • herniated lumbar disc

The defense argued that the pain and suffering award was reasonable because the accident was so minor that plaintiff did not sustain any traumatic injury at all, she had pre-existing degenerative disc disease and her first medical treatment for her neck was not until five weeks after the accident. The defense stressed that plaintiff’s sole complaints at the emergency room on the date of the accident were a scrape on one knee and stomach cramping.

Plaintiff was 5 feet two inches tall, weighed 230 pounds and was nine months pregnant at the time. She was monitored in the ER for 10 hours by obstetrics and gynecology personnel (she had no treatment for her spine) and was advised to to be admitted for extended testing to make sure that her unborn baby had no issues; however, she left and walked out of the hospital against medical advice. Two weeks later, she delivered a health baby.

Inside Information:

  • In her summation, plaintiff’s attorney asked the jury to award pain and suffering damages in the sum of $3,900,000.
  • Plaintiff’s two treating surgeons testified on her behalf; the defense adduced testimony from medical experts in orthopedics, neurology, radiology and emergency medicine.
  • The future medical expenses award was based upon testimony from plaintiff’s spine surgeon that she will need future medical treatment including surgery on her back and he estimated the costs thereof.