View Full Version : City Claims Ferry Crash Victim Will Die Sooner, Deserves Less Money


Laura
09-10-2008, 05:25 PM
...and now the City is in the business of predicting peoples' lifespans?
from Gothamist:
http://gothamist.com/2008/08/05/city_claims_ferry_crash_victim_will.php
City Claims Ferry Crash Victim Will Die Sooner, Deserves Less Money

Nearly five years after the Staten Island Ferry crash, victims are still fighting with the city over settlements. And in one case, the city claims James McMillan Jr., a 44-year-old who was paralyzed, will die in 16 years, not 30 years, so the settlement should only cover 16 years. He is under 24-hour-care and his lawyer said he'll live a long life with proper care, "The city paralyzed him, and now they're saying that he is going to die young because of the damage they caused. They're turning a personal-injury case into a wrongful-death case." A juries were recently selected for McMillan's case as well as the case of a crash victim who died.

Laura
09-10-2008, 05:30 PM
from SiLive:
http://www.silive.com/news/index.ssf/2008/09/jury_awards_staten_island_ferr.html
Jury awards Staten Island Ferry crash victim $22.9M
by Staten Island Advance
Tuesday September 09, 2008, 6:54 PM

He sat patiently in his wheelchair during a two-week trial, but former Staten Islander James McMillan Jr. had to leave Brooklyn federal court today during jury deliberations because he wasn't feeling well.

So it was left to his lawyer Evan Torgan to telephone him with the panel's decision.

Torgan told McMillan the jury awarded him $22.9 million for the devastating injuries he suffered in the 2003 Staten Island Ferry crash. McMillan was rendered a quadriplegic in the Oct. 15, 2003, disaster that killed 11 and injured scores.

The award is the highest thus far -- and the first given by a jury -- resulting from the crash.

"He was happy," said Torgan, a partner in the Manhattan-based firm of Torgan & Cooper, recounting his client's reaction. "He'll be able to afford much of the medical care he needs, and I'm happy a jury recognizes his entitlement to it."

In his opening statement two weeks ago, Torgan said McMillan, 44, who now lives in the Bronx, needs round-the-clock nursing help. While he has some movement in his hands, McMillan needs help to perform even the simplest functions and is prone to infections and bedsores. He also suffers from an inability to regulate his own body temperature.

Still, it's unclear how much of the cash McMillan actually will see. :(

The panel's findings are advisory and Senior District Judge Jack B. Weinstein will determine the final award. Weinstein told Torgan and lawyers for the city to submit briefs by Friday. He'll make a determination sometime afterward.