Opinion
April 30, 1992
Appeal from the Supreme Court, New York County, Martin Evans, J.
Plaintiff, a track worker for defendant railroad, slipped during the course of his duties, twisted his leg, and developed a deep vein thrombosis that permanently disabled him. While plaintiff's injury was genuine, we find that the verdict for future pain and suffering was excessive, and may have been exacerbated by the admission of speculative testimony by his expert concerning the likelihood of his developing an ulcer or an embolism that could result in death. This testimony was not supported by the requisite showing of medical certainty, and was, in addition, outside the scope of the bill of particulars.
Concur — Sullivan, J.P., Carro, Rosenberger, Wallach and Smith, JJ.