Summary
In FERRER V CITY OF NEW YORK, 49 A.D.3d 396, 854 N.Y.S.2d 51, 2008 N.Y. Slip Op. 02474, the Plaintiffs expert testified from photographs of the scene.
Summary of this case from Rodriguez v. WoodsOpinion
No. 3121.
March 18, 2008.
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about August 3, 2006, which, in an action for personal injuries sustained in a fall on an icy sidewalk in front of a building owned by defendant City, granted defendant's motion for judgment notwithstanding the verdict, unanimously reversed, on the law and the facts, without costs, the jury's verdict reinstated in all respects except for the award for past pain and suffering, as to which a new trial is directed unless plaintiff stipulates, within 30 days of service of a copy of this order with notice of entry, to decrease the award for past pain and suffering from $1,011,240 to $600,000, and to entry of an amended judgment in accordance therewith.
Finkelstein Partners, LLP, Newburgh (Steven H. Cohen of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (John Hogrogian of counsel), for respondent.
Before: Lippman, P.J., Gonzalez, Sweeny and Catterson, JJ.
The jury's verdict in favor of plaintiff is rationally supported by meteorological evidence and plaintiffs testimony showing, inter alia, that there was a four-inch accumulation of snow and ice that had developed prior to the commencement of the snow, freezing rain and plain rain that ended 22 hours before plaintiffs fall, and permitting an inference that plaintiff fell on preexisting ice ( see Tubens v New York City Hous. Auth., 248 AD2d 291, 292; Seaman v City of New York, 294 AD2d 144). Plaintiff, 25 years old at the time of the accident, sustained a fractured right tibia that required two surgeries, and caused complications to his left knee that required surgery, and to his lower back. He was still required to use a leg brace and cane at the time of trial, six years after the accident, and, in the opinion of his doctor, is permanently disabled. However, the award for past pain and suffering deviates materially from what is reasonable compensation to the extent indicated ( cf. Alvarado v City of New York, 287 AD2d 296).