On February 3, 2010, Emilio Carino was driving his van in the Bronx with two passengers. While stopped at a red light, the van was struck in the rear by another vehicle.

Carino and his passengers sued the other driver who conceded liability. A trial on damages ensued and the Bronx jury awarded pain and

What were they thinking? In a stairway trip and fall negligence case, the jury found:

  1. plaintiff was negligent but defendant building owner was completely at fault and
  2. the 35 year old plaintiff was entitled to $5,000,000 for past pain and suffering but zero for future pain and suffering

No one knows for sure what

Defendants routinely and successfully argue in back and neck injury cases that  plaintiff’s injuries pre-existed an accident and no pain and suffering damages should be awarded (even if defendant is found to have caused the new accident). There’s merit to the argument but it’s not as simple as I’ve implied.

Under New York law, a