Future Pain & Suffering

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In a recent decision, Greenman v. 2451 Broadway Market, et al, No. 11287, 11287A, 154861/14, 2020 N.Y. Slip Op. 01962, 2020 WL 1290735 (N.Y.A.D. 1 Dept., Mar. 19, 2020) – a personal injury trip-and-fall case – the court unanimously reversed and vacated a jury verdict in plaintiff’s favor (allocating 75% of the fault to plaintiff…

Read More Evidentiary Errors Result in New Trial on Damages in Trip-and-Fall Personal Injury Case
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In Arrin C. v. New York City Department of Education (decided June 10, 2014) the Appellate Division, First Department affirmed the trial court’s conditional reduction of a multi-million dollar jury award. Plaintiff, an autistic 11-year old student, sustained injuries to his mouth – including one of his teeth being knocked out and another being knocked into his…

Read More $4.6 Million Pain & Suffering Jury Verdict Reduced to $250,000 in School Injury Case
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In a recent personal injury case, Schecher v. R. Park Cent., LLC, New York Supreme Court Judge James held that the jury failed to adequately compensate plaintiff for her injuries. The trial record established that after the accident on August 5, 2007, plaintiff was transported to the emergency room of St. Vincent’s Hospital where she…

Read More Personal Injury Jury Award Too Low, Court Holds
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In Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…

Read More Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident Case
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In Trezza v. Metropolitan Transportation Authority, the Appellate Division, First Department recently affirmed and modified a decision by the Supreme Court, Bronx County relating to the damages phase of a car accident case. The trial court entered a judgment on a jury’s verdict awarding plaintiff damages in the amounts of $500,000 for past pain and…

Read More First Department Finds “Serious Injury” Based on Shoulder and Spine Injuries, and Conditionally Modifies Damages in Car Accident Case to $300,000 for Past Pain & Suffering
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