Kahl v. MHZ Operating Corp. (N.Y.App.Div. 03/09/2000)

[1]

Supreme Court3/9/2000 v. Riverbay Corp. (245 AD2d 4), the 58-year-old plaintiff suffered a fractured elbow in the dominant arm, requiring a surgical plate attached with screws and a 10-day hospital stay (id.). Like plaintiff in this case, the plaintiff in Boinoff regained most of the range of motion in the affected joint but suffered from persistent pain (id.). The jury's award of $20,000 for past pain and suffering and $0 for future pain and suffering was set aside as inadequate and the awards were increased to $60,000 and $40,000, respectively (id.). Likewise, a 70-year- old plaintiff who suffered a fractured ankle had an award reduced from a total of $500,000 to $300,000 (Irby v. City of New York, 184 AD2d 622; see, Spors v. Stoll, 256 AD2d 1083, lv dismissed 93 NY2d 998 [plaintiff with a fractured dislocated hip requiring surgery, traction and likely hip replacement had award adjusted to $100,000 for past pain and suffering and $150,000 for future pain and suffering]; Zavurov v. City of New York, 241 AD2d 491 [35- year-old plaintiff with fractured tibia and fibula requiring open reduction surgery and insertion of metal plates and screws as well as extensive rehabilitation and physical therapy had past pain and suffering award reduced from $400,000 to $250,000, future pain and suffering award reduced from $100,000 to $75,000 and spouse's award for loss of consortium reduced from $105,000 to $25,000]; see also, Zimmerman v. Rosiek, 245 AD2d 1048; Yazdanpanah v. Rosenfeld, 205 AD2d 758; Dunlap v. City of New York, 186 AD2d 782, lv denied 81 NY2d 703; compare, Morrisseau v. State of New York, ___ AD2d ___, 696 NYS2d 545). Spain, Carpinello, Graffeo and Mugglin, JJ., concur. ORDERED that the order is affirmed, without costs.

Page 1 2 

New York Personal Injury Attorneys    Personal Injury Lawyers