Killon v. Parrotta

In Killon v. Parrotta, 125 AD3d 1220 (3d Dept 2015), defendant struck plaintiff in the face with a metallic baseball bat, as a result of which plaintiff suffered a shattered mandible and open fracture in his mouth, which required him to undergo a tracheotomy and surgical reconstruction of the bone fragments with a mesh device to promote regrowth of the bone that was unsuccessful, recurring infections, seven more surgical procedures, chronic pain and permanent disability as to his speech, with the prospect of further reconstructive surgery. The Killon appeals court conducted a detailed review of awards in four assault and battery cases in the Second and Third Departments and one in the Supreme Court, Bronx County to determine whether the jury award to plaintiff of $25,000 for past pain and suffering and no damages for past pain and suffering was reasonable. Determining that the award was inadequate, the Killon court held that "a new trial is required on the issues of past and future pain and suffering unless defendant stipulates to an award of $200,000 for past pain and suffering and $150,00 for future pain and suffering" (125 AD3d at 1223).