Verdicts: Benjamin S. v. Bruce Rapaport
Case: Benjamin S. v. Bruce Rapaport, No. 107701/96
Venue: New York Supreme, NY
Judge: Robert D. Lippmann
Verdict Date: 10-13-1998
- Glenn D. Miller; Sivin, Miller & Roche LLP; Manhattan, NY
Pltf. was a 44-year-old news photographer on 9/12/92 when he was assaulted by Deft. following a dispute over a parking space in Manhattan. Pltf. claimed that Deft. struck him once in the face. Deft. admitted that he struck Pltf., but claimed that he did so in self defense because he thought that Pltf. was about to hit him.
Fractures of the right zygomatic arch and of the right orbit; scar over the right eye; decreased oculomotor function; post-traumatic stress disorder. Pltf. underwent two surgeries, a facial reconstruction, and a removal of a Teflon prosthesis in the right eye. An Emmy award-winning videographer, Pltf. claimed that he is unable to return to his job. Note: Deft.’s homeowner’s policy contained a provision covering Deft. for assaults committed in defense of person or property. Amount asked of jury: $2,000,000.
Verdict Information: $530,100 (6/0). Breakdown: $120,000 for past pain and suffering; $162,500 for future pain and suffering; $23,600 for past medical expenses; $116,000 for future medical expenses; $108,000 for past lost earnings. Jury: 1 male, 5 female. The jury deliberated for 1.5 days . The trial lasted 1 week.
- Dr. Harvey Plasse; Otolaryngology
- Stuart Sachnin; Economic Analysis
- Stacey Silver; Psychology
- David M. Oddo; Newman & Okun; Manhattan, NY
- Dr. Edward Smith; Ophthalmology