First Department Reinstates $1 Million Jury Award

In Luna v. New York City Transit Authority, the Appellate Division, First Department reinstated a $1 million jury award for a torn meniscus of the right knee, with arthroscopic surgery and continuing pain. The trial court had reduced past and future pain and suffering awards of $500,000 and $500,000, respectively, to $100,000 and $250,000. The 47-year-old plaintiff showed she was unable to work for three months following the accident, used a cane for more than a month, and went to twelve therapy sessions that the First Department described as “extremely painful.” The plaintiff still takes medication, feels limited in her activities, suffers from what will be progressively worsening arthritis, and also will likely need a knee replacement in the future.