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Jones v. New York City Transit Auth

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 2009
66 A.D.3d 532 (N.Y. App. Div. 2009)

Opinion

No. 1216.

October 20, 2009.

Judgment, Supreme Court, Bronx County (Lucy Billings, J.), entered on July 1, 2008, inter alia, after a jury trial on the issue of damages, awarding infant plaintiff $1.5 million for past pain and suffering, $1.5 million for future pain and suffering and $110,783 over four years for future medical expenses, upon plaintiff's stipulation, in lieu of a new trial on future medical expenses, to reduce that award from $133,000 to $110,783, unanimously affirmed, without costs.

Gruvman, Giordano Glaws, LLP, New York (Charles T. Glaws of counsel), for appellant.

DeSimone, Aviles, Shorter Oxamendi, LLP, New York (Dara L. Warren of counsel), for respondents.

Before: Tom, J.P., Buckley, Catterson, Freedman and Abdus-Salaam, JJ.


Infant plaintiff was injured when, while attempting to exit defendant's train, the door closed on her right foot and she was dragged along the length of the platform as the train departed from the station. As a result of the accident, infant plaintiff, who was 10 years old at the time, sustained, inter alia, a distal tibia fracture which resulted in one leg being 20 millimeters shorter than the other, repeated knee dislocation with concomitant pain, second degree burns on 10% of her body from scraping on the cement platform, as well as permanent scarring and severe psychological injuries. Under the circumstances, the awards of $1.5 million for past pain and suffering and $1.5 million for future pain and suffering did not deviate materially from what would be reasonable compensation (CPLR 5501 [c]; see e.g. Lopez v Gomez, 305 AD2d 292; Carl v Daniels, 268 AD2d 395, lv denied 96 NY2d 704).

The award of $110,783 for future medical expenses for four years was properly reduced by the trial court from $133,000 in light of the evidence before it, and we find no basis for a further reduction.


Summaries of

Jones v. New York City Transit Auth

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 2009
66 A.D.3d 532 (N.Y. App. Div. 2009)
Case details for

Jones v. New York City Transit Auth

Case Details

Full title:LEONARI JONES, an Infant, by Her Mother and Natural Guardian, BARRY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 20, 2009

Citations

66 A.D.3d 532 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7464
887 N.Y.S.2d 74

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