Personal Injury Claims Against the Government 

Brooklyn Judge Jack B. Weinstein refused to account for life expectancy statistics to adjust damages awarded to a black man, reports the New York Law Journal. The African American plaintiff, James McMillan, is now a quadraplegic after suffering injuries in the 2003 Staten Island Ferry accident in New York City. Attorneys for the city attempted to reduce damages by submitting statistics reporting shorter life expectancy due to race and criminal background. Weinstein subsequently awarded McMillan $18.3 million, stating that he found similar reports claiming equal longevity of blacks and whites within a socioeconomic class. The judge also argued that using race to determine damages is unconstitutional and discriminatory.

11 deaths and multiple injuries resulted from the 2003 accident. Prior to this case, the city had agreed to more than $50 million in cumulative award to victims; 40 additional cases still remain open.

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