New York appellate court: Pain and suffering awards can survive death

© 2007 The Medical-Legal News

Law.com reported that a New York appellate court has found that a pain and suffering award is still valid even if the plaintiff dies shortly after the awarding of the judgment.

“[W]e find no statutory provision that warrants setting aside or reducing the $150,000 damages award,” wrote Justice William E. McCarthy for the Appellate Division, 2nd Department. “Moreover, under the circumstances of this personal injury action involving an elderly woman, where the defendant caused significant delays, this court’s interest in justice lies in affirming the judgment.” 

Law.com reported in the case, Stinton v. Robin’s Wood, 06-03926, that an elderly Ethel Flanzraich fell at her condominium building in the common area. She claimed negligence on the part of the owners of the complex after the owners had done some painting to the grounds. She was awarded damages on March 14, 2005, and died the next day of causes unrelated to her fall.

The condominium owners asked that the reward be overturned because the award would be “overcompensation” after Flanzraich’s death, according to Law.com.

The defense also argued that the state legislature intended for structured settlements to terminate after a winning plaintiff’s death. •