Czechowski v Wisniewski (4th Dept 2024)
Most people assume the jury's number is the final word on damages. New York's appellate courts, however, review awards for whether they "deviate materially from what would be reasonable compensation" — and they can move the number in either direction. In Czechowski, the Fourth Department moved it up.
What the court decided
The appellate court agreed with the plaintiff that the jury's pain-and-suffering award was inadequate and ordered it increased to $275,000 — $150,000 for past pain and suffering and $125,000 for future.
The strategy behind the numbers
The procedural details make this case a study in trial dynamics:
- In summations, plaintiff's counsel asked the jury for $1,450,000 in pain-and-suffering damages; defense counsel suggested $75,000.
- The defendant did not exercise his right to have the plaintiff examined by his own medical expert — leaving the plaintiff's medical proof effectively unrebutted.
- During trial, the defense offered a high-low agreement ($300,000 ceiling, $50,000 floor). The plaintiff rejected it and took the verdict — then won more on appeal than the jury had given.
A high-low agreement is a private deal that caps the defendant's exposure and guarantees the plaintiff a minimum, whatever the jury does. Whether to accept one is among the hardest judgment calls in a trial.
What this means for you
In plain English: the jury's verdict is not necessarily the end of your case. If an award is unreasonably low (or high), New York's appellate courts can correct it. Three practical takeaways:
- An inadequate verdict can be challenged. Don't assume a disappointing number is final.
- Unrebutted medical evidence matters. Here the defense never had the plaintiff examined by its own doctor — and the proof stood.
- Settlement decisions are strategy, not luck. High-low offers, settlement talks, and appeals all interact. These calls deserve experienced, unhurried judgment.
Every case is different, and past results — in any case, for any lawyer — never guarantee an outcome.
This case note is attorney commentary for general information — it is not legal advice about your situation. Every case turns on its own facts.