Summary
upholding award of $750,000 to plaintiff who suffered a herniated disc, underwent two unsuccessful surgeries, was recommended for a third surgery, and had "considerable pain and debilitation"
Summary of this case from Bean v. CSX TransportationOpinion
February 26, 1998
Appeal from the Supreme Court, Bronx County (Stanley Green, J.).
Plaintiff Samuel Gonzalez's herniated disk at L4-L5 was the subject of two unsuccessful laminectomies and a myelogram, and a recommendation for a third surgery, and caused plaintiff considerable pain and debilitation. The trial court properly refused to reduce the jury's award for past pain and suffering since it did not deviate materially from what is reasonable compensation under the circumstances ( see, Skow v. Jones, Lang Wooton Corp., 240 A.D.2d 194). Considering the substantial and permanent limitations on plaintiff's once active life, the pain he will continue to endure and the emotional trauma he will suffer, the award of $750,000 for future pain and suffering was properly left intact ( see, Faniel v. Marriott Corp., 204 A.D.2d 191). The award for past and future loss of services, as reduced by the trial court, is supported by the record.
Concur — Ellerin, J. P., Nardelli, Wallach, Rubin and Tom, JJ.