Opinion
2001-03467
Argued May 13, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, etc., the defendant New York City Transit Authority appeals from a judgment of the Supreme Court, Kings County (Silber, J.), entered February 27, 2001, which, upon a jury verdict on the issue of damages awarding the plaintiff Maria Czech the sum of $52,000 for past loss of earnings, $24,504.76 for future medical expenses, $5,200 for past household expenses, $500,000 for past pain and suffering, $30,000 for future loss of earnings, $25,000 for future medical expenses, and $1,500,000 for future pain and suffering, and awarding the plaintiff Leslaw Czech the sum of $100,000 on his derivative cause of action, is in favor of the plaintiffs and against it.
Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for appellant.
Panken, Besterman, Winer, Becker Sherman, LLP (Howard S. Sherman and Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, JJ.
ORDERED that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provisions thereof awarding the plaintiff Maria Czech damages for future pain and suffering and the plaintiff Leslaw Czech damages on his derivative cause of action; as so modified, the judgment is affirmed, with costs to the appellant, and a new trial is granted only with respect thereto, unless within 30 days after service upon the plaintiffs of a copy of this decision and order, the plaintiff Maria Czech shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to future pain and suffering from the sum of $1,500,000 to the sum of $950,000, and to the entry of an amended judgment accordingly, and the plaintiff Leslaw Czech shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict on his derivative cause of action from the sum of $100,000 to the sum of $25,000, and to the entry of an amended judgment accordingly; in the event that the plaintiffs so stipulate, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements.
The jury award of $1,500,000 to the injured plaintiff for future pain and suffering deviates materially from what would be reasonable compensation to the extent indicated herein (see CPLR 5501[c]; see generally Van Ness v. New York City Transit Authority, 288 A.D.2d 374; Gabor v. Goolnick, 288 A.D.2d 432).
The award of $100,000 to the injured plaintiff's husband, Leslaw Czech, deviates materially from what would be reasonable compensation to the extent indicated herein (see CPLR 5501[c]; see generally Palmieri v. Long Is. Jewish Med. Ctr., 221 A.D.2d 511; Lengares v. B A Warehousing, 216 A.D.2d 273; Kim v. Cohen, 208 A.D.2d 807).
The appellant's remaining contentions are without merit.
FLORIO, J.P., O'BRIEN, KRAUSMAN and LUCIANO, JJ., concur.