Parents who discovered that their son’s brain and other organs were retained without notification by the medical examiner after the teen’s death in a fatal car crash must accept a reduction in an award for pain and suffering from $1 million to $600,000 or face a new trial, an appeals court decreed yesterday.
The Appellate Division, Second Department, unanimously ruled in Shipley v. City of New York, 101114/06, that the 2011 jury award returned in Staten Island Supreme Court should be cut from $500,000 for each of the parents, Andre and Korisha Shipley, to $300,000 each. If the reduced award is not accepted, the court said a new trial should be held.
