Appeals Court Reduces $3.3M Manhattan Jury Award By $400,000
Yesterday, an appeals court covering Manhattan found that a 69 year old man who fell down a defective NYC subway staircase was entitled to no more than $600,000 for 10 years of future pain and suffering. The jury had awarded a total of $3,295,582 for past and future pain and suffering , medical expenses and lost wages. Though it found the award of $1,200,000 for past pain and suffering to be reasonable--it reduced the award of $1,000,000 for future pain and suffering to $600,000. The plaintiff suffered two cervical laminal fractures and disc herniation requiring two surgeries to fuse his spine with plates and screws. The jury accepted the testimony that plaintiff has continued to experience severe pain requiring heavy narcotic painkillers and will continue as such for the rest of his life. Dacaj v NYC Transit Authority, 2019 WL 1284598
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