First Department Reduces Conscious Pain and Suffering

In Santana v. De Jesus, the Appellate Division, First Department reviewed the excessiveness of a pain and suffering award for the plaintiff's decedent, who was struck by a bus while walking along a public street.  The jury awarded $750,000 in past pain and suffering, including pre-impact terror.  The First Department found the award was excessive and reduced it to $375,000.