Summary
In Adams v. Romero, 642 N.Y.S.2d 673, 674 (1st Dep't 1996), the First Department held that a $750,000 award (equivalent to about $1.5 million in 2023 dollars) for past and future pain and suffering for two herniated discs, hypertrophic posterior spurs, neck pain, and limited neck mobility was excessive.
Summary of this case from Torres v. Metro-North R.R. Co.Opinion
May 23, 1996
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
Plaintiff William Adams sustained two herniated discs, and developed hypertrophic posterior spurs, causing pain and permanent disability in that he cannot freely move his neck from side to side, when the top of defendant hotel's airport minibus in which he was a passenger collided with an overpass at the airport. The trial court properly directed verdict on the issue of liability against the hotel and the driver of the minibus, a hotel employee, since there is no valid line of reasoning or permissible inferences that could support a finding that the driver was not negligent or that plaintiff's actions contributed to the accident. The driver testified that he was distracted by a passenger who was urging him to hurry so as not miss a plane, but was unable to identify the passenger; in any event, such urgings could not have excused the driver's ignoring posted warning signs concerning height clearance and driving his eight-foot-high minibus in an area where there was only seven feet of height clearance in contravention of direct orders from his superiors not to travel on the alternate drop-off roadway. The trial court did not err in excluding copies of X-rays, MRI films and CT scans of plaintiff's spine because of defendants' noncompliance with CPLR 4532-a. The jury's award of $750,000 for past and future pain and suffering deviates materially from what would be reasonable compensation, and should be reduced to the extent indicated (CPLR 5501 [c]).
Concur — Murphy, P.J., Wallach, Ross, Nardelli and Williams, JJ.