In Jang v. Ritchie, the Plaintiff was walking along a trial when he was struck from behind by the Defendant cyclist, who had lost control of his bicycle. The Defendant was found liable for the accident at trial. The Plaintiff suffered a broken wrist, which required immediate surgical intervention. The Plaintiff advanced a claim for damages for pain and suffering, out of pocket expenses, loss of income, diminished earning capacity, and future care. By the time of trial, approximately 6 1/2 years after the accident, the Plaintiff was still expected to suffer from long term limitations and complications. The Court awarded $80,000.00 for non-pecuniary damages, approximately the same amount for wage loss, and $65,000.00 for diminished earning capacity.
[6] I accept Dr. Serink’s uncontradicted opinion in this case. His observations are consistent with Mr. Jang’s testimony and my own observations of Mr. Jang’s left hand, which is fixed in a somewhat claw-like position. I also find that Mr. Jang’s condition is permanent. The progressive nature of the injury-induced arthritis in his hand will, if anything, increase Mr. Jang’s symptoms as time goes by. Dr. Serink examined Mr. Jang and provided the following opinion in this regard:
As a result of the destruction of the articular cartilage involved in his original fracture, he has developed significant post-traumatic degenerative arthritis. The soft tissue contracture which occurs as a result of the Sudeck’s dystrophy will be permanent. As a result, he will be left with complaints of pain, weakness and generalized stiffness. These complaints will not significantly improve with rest, time or further physiotherapy. At the present time [Mr. Jang] is well motivated and is using Tylenol on a p.r.n. basis for pain control.
[11] Mr. Jang was in a cast for three months and underwent extensive physiotherapy. Despite that, he continues to have constant pain. He described the pain as eight on a scale of 10. He gets shooting pains on activity. Mr. Jang manages the pain by using Tylenol 3 and heat and by massaging his hand.