On December 14, 2023, the Appellate Division, First Department rejected an appeal by the New York City Transit Authority (NYCTA) which sought to set aside a plaintiff's jury verdict awarding $500,000 for past pain and suffering, $1,050,000 for future pain and suffering and $125,000 in future medical expenses. The plaintiff was bicycling when someone opened a car door in front of him which caused plaintiff to be thrown to the pavement. While plaintiff was laying there a NYCTA bus came in contact with his leg causing severe injuries.
The plaintiff's treatment required an eight day hospitalization and lengthy follow up medical care. At the time of trial plaintiff had a large disfiguring scars on his calf, nerve damage with decreased sensation, diminished knee function and muscle atrophy. Plaintiff testified that he still suffers constant pain and walks with a limp. A treating physician told the jury that plaintiff will require future surgery and explained the functional deficits in the injured leg. The appellate court explained that the sums awarded were properly supported by the evidence and id not deviate materially from what would be considered reasonable compensation. Moctezuma v New York City Tr. Auth., 2023 N.Y. Slip Op. 06445