Summary
In Jackson v. Mungo One, Inc. (6 AD3d 236 [1st Dept 2004]), the Appellate Division, First Department, found $412,500 for past pain and suffering reasonable compensation where the seven-year-old infant-plaintiff suffered a concussion, post-concussion syndrome, posttraumatic stress disorder, and cognitive defects.
Summary of this case from Mangra v. BruckOpinion
3357.
Decided April 13, 2004.
Judgment, Supreme Court, New York County (Kibbie F. Payne, J.), entered June 4, 2003, which, after a jury trial, awarded plaintiff's infant damages, after apportionment, in the principal amount of $412,500 for past pain and suffering, unanimously affirmed, without costs.
Molod, Spitz DeSantis, P.C., New York (Marcy Sonneborn of counsel), for appellants.
Seligson, Rothman Rothman, New York (Alyne I. Diamond of counsel), for respondent.
Before: Andrias, J.P., Ellerin, Lerner, Gonzalez, JJ.
The seven-year-old infant suffered a concussion, post-concussion syndrome, posttraumatic stress disorder and cognitive deficits, which constitute "serious injury" pursuant to Insurance Law § 5102(d) ( Chapman v. Capoccia, 283 A.D.2d 798; Jordan v. Goldstein, 129 A.D.2d 616). There was conflicting expert medical testimony as to whether these injuries resulted from being struck by the taxi owned and operated by defendants. The jury's verdict on this credibility issue was supported by a fair interpretation of the evidence ( Lichtenstein v. Bauer, 203 A.D.2d 89). The award for pain and suffering does not deviate materially from reasonable compensation for such injuries (CPLR 5501[c]; Roness v. Federal Express Corp., 284 A.D.2d 208). Finally, plaintiff's counsel's summation did not deprive defendants of a fair trial.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.