| Alfonso v Metropolitan Tr. Auth. |
| 2013 NY Slip Op 01198 [103 AD3d 563] |
| February 26, 2013 |
| Appellate Division, First Department |
| Drucilla Alfonso, Respondent, v MetropolitanTransit Authority, Defendant, and New York City Transit Authority,Appellant. |
—[*1] Sullivan Papain Block McGrath & Cannavo P.C., New York (Brian J. Shoot ofcounsel), for respondent.
Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered July 25,2011, upon a jury verdict, insofar as appealed from as limited by the briefs, awardingplaintiff $450,000 for past pain and suffering and $800,000 for future pain and suffering,unanimously affirmed, without costs.
Plaintiff, a 52-year-old office worker, fractured her right wrist, and injured her neckand right shoulder, after she was struck by a truck owned by the Transit Authority, andoperated by an Authority track worker. Plaintiff sustained a comminuted intra-articularfracture of the distal radial metaphysis of her right wrist, and a cervical herniated disc. Aclosed reduction was performed in efforts to repair the wrist. When that failed, an openreduction surgery was performed with internal fixation (a plate and screws), which willremain in the wrist permanently. She underwent physical therapy for three months for herwrist, and an additional six months for her shoulder. Plaintiff was left with reducedranges of motion, continued pain, and progressive arthritis in her wrist.
The jury's award for $450,000 for past pain and suffering and $800,000 for futurepain and suffering did not deviate materially from reasonable compensation under thecircumstances (see Diouf v NewYork City Tr. Auth., 77 AD3d 600 [1st Dept 2010]; Ramos v City of NewYork, [*2]68 AD3d 632 [1st Dept 2009]; Hayes vNormandie LLC, 306 AD2d 133 [1st Dept 2003], lv dismissed 100 NY2d640 [2003]; Cabezas v City of New York, 303 AD2d 307 [1st Dept 2003]; CPLR5501 [c]). Concur—Mazzarelli, J.P., Acosta, Freedman, Richter and Gische, JJ.