Opinion
14619 306261/10
03-24-2015
Adelina Reyes, Plaintiff-Respondent, v. New York City Transit Authority, Defendant-Appellant.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellant. Jamie C. Rosenberg, New York, for respondent.
, Renwick, DeGrasse, Manzanet-Daniels, Clark, JJ.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellant.
Jamie C. Rosenberg, New York, for respondent.
Judgment, Supreme Court, Bronx County (Wilma Guzman, J.), entered November 13, 2013, upon a jury verdict, to the extent appealed from as limited by the briefs, awarding plaintiff the principal amount of $750,000 for future pain and suffering, unanimously affirmed, without costs.
The award for future pain and suffering does not "deviate[] materially from what would be reasonable compensation" (CPLR 5501[c]) (see e.g. Smith v Manhattan & Bronx Surface Tr. Operating Auth., 58 AD3d 552 [1st Dept 2009]; Urbina v 26 Ct. St. Assoc., LLC, 46 AD3d 268 [1st Dept 2007]; Calzado v New York City Tr. Auth., 304 AD2d 385 [1st Dept 2003]). The trial evidence established that plaintiff suffered damage to her left knee, including a laceration requiring 15 staples, a tear of the medial meniscus, and three bulging discs, and that she developed post-traumatic arthritis in the left knee. Plaintiff underwent two years of physical therapy before resorting to arthroscopic surgery and, while her knee improved, she continued to experience pain, walked with a limp, and used a cane. Plaintiff's treating orthopedic surgeon testified that plaintiff would eventually need a total knee replacement, since the cartilage damage was severe and permanent. Moreover, plaintiff has difficulty standing and therefore, since the accident, has been unable to return to her work as a street vendor.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 24, 2015
CLERK