Judge Awards $500,000 to Victim of Staten Island Ferry Crash
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A federal judge has awarded $500,000 to Michael Grynberg, a 40 year old Staten Island resident injured in the crash of the ferry boat Andrew J. Barberi on October 15, 2003 for what the headline states his injuries "stopped him from dating." The purpose of the article is clear; its not to report news but to comment on what a reporter thinks is another case for "tort-reform." The report summarizes the claim in that it is alleged that Mr. Grynberg's injuries have hampered his social life. The article also discloses that Mr. Grynberg has previous lawsuits, which somehow discredits any of his claim.
The judge, Frederic Block, noted in his decision that Mr. Grynberg suffered a jaw injury that forces him to eat liquids and pureed foods. The jaw injury caused Mr. Grynberg to break off his engagement and to avoid dating all together. The "social changes" that the jaw injury caused were the reason for the Judge's award.
In order for Mr. Grynberg to make these claims, his attorneys were required to present evidence as to what caused the jaw injury and how it has affected him. The proof requires the testimony of a physician and the introduction of Mr. Grynberg's medical records. The City of New York was entitled to present their own physician to testify as to his opinion of Mr. Grynberg's injuries. As the trial was what is known as a "bench trial", meaning that the judge decides the case, it's obvious that the Judge Block believed Mr. Grynberg and his physician, finding their testimony more credible than the City's witnesses.
What i have been unable to understand is why a person's previous history of lawsuits makes any difference as to their credibility in bringing another claim. People differ in their view of lawsuits and citizens rights to bring them. People also differ as to what is the just compensation for someones injuries. We can all agree that most of us were not in that courtroom during the trial and that we have not experienced what Mr. Grynberg is going through. We instead have made our decision regarding his claim from reading a 5 paragraph newspaper article, while Mr. Grynberg has been living his life for 7 years. What if you lost your fiance because you were riding the Staten Island Ferry when it crashed into a concrete dock, all because the City of New York didn't follow their own rules? What if you needed to eat pureed foods or liquids because your jaw hurt too much to chew? Would you take his claim so lightly? I would hope not as although it may not seem like very significant to you, someones enjoyment of their life was changed forever.
Thank you for this helpful information.