Majority Panel in the First Department Affirms Awards for Conscious Pain and Suffering, Loss of Custodial Services and Loss of Guidance

In Oates v. NYCTA, the plaintiff's decedent was struck and killed by a City bus. Plaintiffs' uncontroverted expert testimony demonstrated that the decedent was conscious for 2 to 5 seconds after being hit by the bus. The jury awarded plaintiffs $300,000 for conscious pain and suffering, $150,00 for past loss of custodial services, $400,000 for 10 years of future custodial services and $100,000 for 5 years of future loss of guidance. On appeal, a majority panel of the First Department affirmed.  The dissent would have reversed on liability and dismissed the case against the defendants, finding no evidence of negligence on the part of the bus driver.