Record Setting Pain And Suffering Award Affirmed In NY State
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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & MackaufNov 22, 2021, 09:22 ET
NEW YORK, Nov. 22, 2021 /PRNewswire/ -- The Appellate Division of New York just allowed $29 million for Pain and Suffering in the case of a young man who suffered catastrophic burn injuries during a botched chemistry experiment in a NYC high school. Although the jury verdict was reduced, the award remains the largest award for Pain and Suffering ever affirmed by an Appellate Court in New York State. This award is nearly 50% higher than the previous record setting award.
The victim, Alonzo Yanes, was burned alive after his teacher failed to observe safety measures during a chemistry experiment and negligently caused a fireball to shoot across the classroom where the student was sitting. The child, who was 16 year old at the time, spent many months in the hospital and underwent 120 surgeries. He suffered third-degrees burns to more than 30% of his body including his face. The injuries were so dramatic that his own family was unable to recognize him.
The severity of the injuries are meticulously detailed in a 38-page decision by the trial judge, Justice Alexander Tisch who upheld the jury's verdict. The judge found that the jury award did not "materially deviate" from what would be considered reasonable compensation under the circumstances.
The case was argued in the Appellate Division, 1st Dept, on October 21st 2021 by Ben Rubinowitz, who was also the trial lawyer for Alonzo Yanes and the managing partner at the New York Personal Injury Law Firm of Gair, Gair, Conason, Rubinowitz, Bloom, Herhshenhorn, Steigman & Mackauf.
According to Ben Rubinowitz, who tried the case with his Partner Richard Steigman, the award is "reasonable when considered in light of the harm suffered by Alonzo through no fault of his own. Alonzo will never escape the severity of the injuries he suffered due to the carelessness of a teacher and the New York City Board of Education. Unfortunately, people gawk at Alonzo on a daily basis and will for the rest of his life. His face was severely burned. He no longer has the ability to sweat because his sweat glands were burned away. There isn't a day that goes by when Alonzo doesn't wonder what he would have looked like had the teacher just taken proper safety precautions in that high school classroom."
Contact: Ben Rubinowitz, 212-943 1090
SOURCE Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
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