| Ruiz v New York City Tr. Auth. |
| 2007 NY Slip Op 07347 [44 AD3d 331] |
| October 4, 2007 |
| Appellate Division, First Department |
| Lourdes Ruiz, Respondent, v New York City TransitAuthority et al., Appellants. |
—[*1] Myers & Galiardo, LLP, New York (Christopher D. Galiardo of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), entered July 6, 2006, which,upon a jury verdict in plaintiff's favor, awarded $350,000 for past pain and suffering and$750,000 for future pain and suffering over a period of 34 years, plus interest, costs anddisbursements, unanimously modified, on the facts, to the extent of vacating the jury's award forpast and future pain and suffering and remanding the matter for a new trial solely on the issue ofsuch damages and otherwise affirmed, without costs, unless plaintiff, within 30 days of service ofa copy of this order with notice of entry, stipulates to a reduction of the award for past pain andsuffering to $100,000 and for future pain and suffering to $200,000, and to entry of an amendedjudgment in accordance therewith.
Plaintiff, a passenger on a bus owned and/or operated by defendants, was injured when thedriver brought the vehicle to a sudden stop, causing her to fall to the floor. She underwentsurgery for a fractured right ankle, involving open reduction and internal fixation with a plate andscrews, and remained in the hospital for a week. The $1.1 million award deviates materially fromreasonable compensation for this injury to the extent indicated (see CPLR 5501 [c]). The46-year-old plaintiff experienced an uncomplicated recovery, with few limitations other thaninability to walk for long periods of time and some occasional pain that she treats withover-the-counter medication (see e.g.Uriondo v Timberline Camplands, Inc., 19 AD3d 282 [2005], lv denied 6 NY3d704 [2006]; Clark v N-H Farms,Inc., 15 AD3d 605 [2005]). Concur—Andrias, J.P., Sullivan, Catterson, McGuireand Malone, JJ.