Recent "Pain and Suffering" Awards

In Colon v. New York Eye Surgery Associates, P.C., the plaintiff was injured in a trip and fall over a "grassy verge" that constituted a dangerous condition. Plaintiff's expert testified that plaintiff had "some components" of Reflex Sympathetic Dystrophy that "more likely than not" were causally related to the accident. The First Department affirmed the trial judge's decision to allow this seemingly speculative testimony and further affirmed awards of $300,000 for past pain and suffering and $650,000 for future pain and suffering as reduced by the trial judge from $750,000 and $1,500,000, respectively.

In Diouf v. NYCTA, the 55-year-old plaintiff fell on subway stairs and fractured both wrists. The left wrist fracture was a comminuted intra-articular fracture of the distal radius and ulnar styloid, which required two surgical procedures -- (1) internal reduction and (2) removal of the metal hardware. The plaintiff was left with decreased ranges of motion, tenderness and reduced grip strength, as well as traumatic arthritis. The jury's award of $800,000 for future pain and suffering was affirmed on appeal.