Personal Injury cases do not often find their way into a probate and estate blog but the recent decision of the  Second Department of New York Supreme Court’s Appellate Division in Stinton V. Robin’s Wood rates a special mention. The case is first reported on page one of the New York Law Journal on Sept. 25 and  the decision will be published in full on Sept. 27. This action involved a prior claim by the decedent, Ethel Flanzreich, for damages suffered in a fall in August 2001.

On March 14, 2005, Ms. Flanzreich was awarded  $472,631 which included $150,000 for future pain and suffering. Unfortunately, there was no future. She died the next day of causes unrelated to her injury. The defendant then moved to set aside that portion of her damage award which was for future pain and suffering.

The court has now  denied defendant’s application finding that there is no statutory provision to set aside or reduce that provision of the damage award and further noting that "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."