Liability, awards and settlements

10.9, ferry accident, jury recommendation

US: a federal jury recommended that a passenger crippled in the accident involving ferry Andrew J.Barberi in Staten Island in 2003 should receive nearly US$23.0mn for his past and future medical needs, pain and suffering and other expenses. The special advisory panel spent about five hours deliberating over what James McMillan Jr, 44, should get after he was left a quadriplegic in the Oct 15, 2003 accident. Jurors decided that Mr McMillan, from the Bronx, would need $10.3mn in medical care for the nearly 25 years he is expected to live. The panel also said he should get $7.36mn for his future pain and suffering from the accident, which killed 11 people and injured scores of others. Jurors also said that Mr McMillan’s past pain and suffering was worth $4.6mn and that he was owed $685,000 in past medical expenses. However, it remained unclear just how much of that Mr McMillan would get as the judge would take the advisory verdict into consideration and decide how much of it he should honour with a final judgment. Apart from the McMillan verdict, the city said it had settled 130 ferry crash cases for a total of $54.3mn. During the trial earlier this month, city experts raised the issue of race and its impact on the life expectancy of a quadriplegic. One expert said white male spinal cord victims have a greater life expectancy than black males. Jurors later said they gave some consideration to race in reaching their decision that Mr McMillan would live for another 24.9 years. However, in his ruling the judge said he disregarded race and would issue an opinion on race and life expectancy later. Another man who was injured in the 2003 crash settled his personal injury lawsuit against the City of New York for $1mn. Lloyd Joseph, 67, suffered severe injuries, including broken ribs, backbone fractures, a mangled foot and a punctured lung.