FREEHOLD, N.J. - A man who had to endure a three-day erection after penile surgery was awarded $3 million by a jury two years ago, but an appeals court ordered a Monmouth County judge to lower the award.
So Superior Court Judge Alexander Lehrer did - by one penny.
Now the appellate panel has taken the case away from Lehrer, and directed a different judge to further reduce the award to Joseph Tomaino of Neptune. He sued the Male Sexual Dysfunction Institute in Chicago and a doctor after he had to undergo surgery to end a three-day erection he suffered following their treatments in 1992.
The appeals court had ordered Lehrer, who presided over the trial, to cut the $3 million, saying the size of the award "shocked the court's conscience" because Tomaino, though unable to perform sexually, could still work and enjoy sports and social activities.
But Lehrer said he thought Tomaino should have gotten even more than $3 million.
In a decision written this week, the appeals panel reversed the judgment and sent the case back with orders for another judge to reduce the award, citing Lehrer's "demonstrated unwillingness to comply with our instructions."
Dennis Drazin, the lawyer representing Tomaino, said he plans to ask the state Supreme Court to hear the case.
"You have a young man who is deformed for the rest of his life," he told The Star-Ledger of Newark. He said Lehrer was in the best position to evaluate whether the jury award was appropriate, since he saw the witnesses and heard the evidence.
Joseph Manning, the lawyer currently representing thoracic surgeon Sheldon Burman and the Male Sexual Dysfunction Institute, declined to comment on the ruling.
So Superior Court Judge Alexander Lehrer did - by one penny.
Now the appellate panel has taken the case away from Lehrer, and directed a different judge to further reduce the award to Joseph Tomaino of Neptune. He sued the Male Sexual Dysfunction Institute in Chicago and a doctor after he had to undergo surgery to end a three-day erection he suffered following their treatments in 1992.
The appeals court had ordered Lehrer, who presided over the trial, to cut the $3 million, saying the size of the award "shocked the court's conscience" because Tomaino, though unable to perform sexually, could still work and enjoy sports and social activities.
But Lehrer said he thought Tomaino should have gotten even more than $3 million.
In a decision written this week, the appeals panel reversed the judgment and sent the case back with orders for another judge to reduce the award, citing Lehrer's "demonstrated unwillingness to comply with our instructions."
Dennis Drazin, the lawyer representing Tomaino, said he plans to ask the state Supreme Court to hear the case.
"You have a young man who is deformed for the rest of his life," he told The Star-Ledger of Newark. He said Lehrer was in the best position to evaluate whether the jury award was appropriate, since he saw the witnesses and heard the evidence.
Joseph Manning, the lawyer currently representing thoracic surgeon Sheldon Burman and the Male Sexual Dysfunction Institute, declined to comment on the ruling.
