Last week an Appellate Court reduced a jury verdict of $2.7 million awarded to a 71 year old female who was knocked to the ground by a passerby who slipped on "slime oozing from a trash can on a subway platform". The jury concluded that the slimy condition was inherently dangerous or that the slime on the floor of a crowded rush hour subway station was a concealed trap. The Transit Authority was found negligent.
The jury awarded plaintiff $700,000 for past pain and suffering and $2 million for future pain and suffering. The Appellate Court found that the award for future pain and suffering should be reduced to $1 million netting the plaintiff a total of $1.7 million. The plaintiff suffered serious injuries to her knee which will require a total knee replacement. Moreover, there was extensive testimony about the plaintiff's mental anguish and loss of enjoyment of life in her golden years, limiting her travel and photography hobbies.
Sermoneta v NYCTA