On May 23, 2015, Paula Rendon tripped and fell on the sidewalk in front of the White Castle restaurant on Myrtle Avenue in Brooklyn.
Ms. Rendon, then 41 years old, sued both the premises owner and the tenant claiming that she fell and sustained ankle injuries because the sidewalk was uneven, cracked and unlevel. The jury agreed and found both defendants liable.
In the ensuing damages trial, plaintiff was awarded pain and suffering damages in the sum of $2,400,000 ($600,000 past – six and a half years, $1,800,000 future – 30 years).
Defendants appealed arguing that (a) the liability verdict should be reversed and (b) the damages award was excessive. In Rendon v. White Castle System, Inc. (2d Dept. 2025), the appellate court agreed with the defense and ordered a new trial on both liability and damages with the caveat that if the defendants are found liable in the new trial then the pain and suffering damages award should be reduced to $750,000 ($350,000 past, $400,000 future).
Here are the injury details:
- Ambulance to hospital, complaining of ankle pain; x-rays negative, diagnosed with sprain
- Home in pain for two weeks, then returned to work as house cleaner
- Next medical treatment four months after fall; orthopedist diagnosed ligament and tendon tears in ankle which required arthroscopic surgery to repair
- Post-traumatic arthritis, continuing pain
- Needs ankle bracing procedure and in 10 years may need total ankle replacement surgery
The defense medical expert testified that plaintiff sustained a minor sprain that healed well, surgery had not been needed and plaintiff had no residual or permanent injuries.
Inside Information:
- Defense counsel urged the appellate court to reduce the pain and suffering award to no more than $217,500.