David Saxe Serves as Co-Appellate Counsel in One of the Largest Pain and Suffering Awards Affirmed by an Appellate Court in New York State

In a recent tort case, the Appellate Division, First Department affirmed the highest award ever sustained in New York State for pain and suffering and loss of enjoyment of life – $20 million dollars. This award was a component part of a record $32.6 million-dollar verdict in favor of a plaintiff who sustained traumatic brain injuries following a forklift injury.  

Benedict P. Morelli, founder of the personal injury law firm Morelli Law Firm PLLC and counsel to the plaintiff, retained Hon. David B. Saxe (Ret.) to assist in writing and editing their team's brief, as well as extensively preparing Mr. Morelli for oral argument before the court. Mr. Morelli spoke of the important role Justice Saxe played in preparing for his team's efforts:  

“From the moment I decided to retain a retired appellate judge to aid in our preparation and argument, I knew immediately it should be Judge David Saxe. He not only was instrumental in helping prepare and frame the appellate brief, but also in the preparation of the oral argument. Because of his experience as a trial judge and appellate judge for almost 20 years, his insight and opinions were invaluable to our success in this case. In short, I couldn’t have done it without him.”

This award marks a turning point for New York lawyers who practice in the field of personal injury and medical malpractice.

A copy of the decision in Mark Perez v. Live Nation Worldwide, Inc., index number. 158373/13, case number 2020-03237, can be found here.   

News outlets including Law360 (“Live Nation Brain Injury Verdict Reduced Again to $32.6M”) and New York Law Journal (“Appeals Court Awards $20M to Brain-Injured Plaintiff in What Is Said to Be Record-High Pain-and-Suffering Amount in NY State”) provided details on the lawsuit and comments by Mr. Morelli.