Kidney Injury and Scar on Stomach


Pltf. Atty: Christopher Renfroe of Renfore & Quinn, Forest Hills
Deft. Atty: Lawrence Bernstein, Manhattan

Pltf., a 15-year-old student testified that in March 1990 she was at home with Deft., a 21-year-old friend, where Deft. told her that he was going to kill her. She claimed that he then started to play a game of "Russian Roulette" and shot her with the first round. Pltf. argued that this was an intentional act. Deft. pleaded guilty in criminal court to attempted murder and was sentenced to 3-9 years in jail. Pltf. was granted summary judgment on liability and this trial proceeded to damages. The jury heard evidence on liability on the issue of punitive damages.

Injuries: gunshot wound through the hip and up to the stomach and internal organs. Pltf. underwent a laparotomy to repair the kidney and a tube was inserted to drain the blood. The bullet was lodged in Pltf.'s back and was removed 1 year later. Pltf. was left with a 1-foot-long scar on her stomach. Deft. contested the severity of the scar, arguing that it could be corrected by plastic surgery. At the time of trial, Pltf. was 19 years old. living in Virginia, and was employed as a receptionist.

Demonstrative evidence: photographs of scar; certificate of conviction; Deft.'s trust fund (to determine his income and net worth); medical records. Offer: $100,000: demand: $500,000; amount asked of jury: $3,000,000. Jury deliberation: 21/2 hours. Pltf. Expert: Dr. Bienvenido Fajardo, treating internist, Manhattan. There was no expert testimony for Deft. Note: The record indicates that Deft. has substantial assets, and receives approximately $36,000 per year in interest from a trust fund.