Judge Andrew Tarantino Jr.
Henaghan sought money damages from Douglas Algie in this personal injury action for injuries he sustained when Douglas struck Henaghan in the head with a barbell. The court noted when an action was removed from the Supreme Court to County Court, the verdict or judgment was subject to the monetary limitation of the court in which the action was originally commenced. Hence, it ruled this court was not limited to the $25,000 monetary jurisdiction of the county court. Henaghan’s medical reports confirmed he suffered a left sided skull fracture and had a permanent 3 inch plate surgically placed in his skull, noting his speech was compromised. The court stated as it determined Henaghan suffered a permanent injury, it must determine the appropriate measure of damages. It concluded while it was not diminishing the “atrocity perpetrated upon” Henaghan and his family, he failed to submit evidence of being treated for emotional distress, lost wages or out of pocket expenses. Thus, the court granted Henaghan $150,000 for past pain and suffering and $525,000 for future pain and suffering. Further, it awarded Henaghan’s wife $40,000 for past and future loss of consortium.
