On December 3, 2021, the Appellate Term modified a Queens County, Civil Court jury verdict award of $150,000 for past pain and suffering in addition to $750,000 for 55 years of future pain and suffering to a 17 year old female injured in a rear end motor vehicle collision. The plaintiff testified that she experiences pain all the time in her neck since the accident. Her orthopedist testified based on an MRI that she suffered a "significant bulge in her cervical spine" and stated that the same restriction of cervical range of motion he found days after the accident, was still present on a recent exam and permanent. The defendant's examining orthopedist agreed that plaintiff had sustained a disc bulge in her cervical spine due to the accident, but testified that plaintiff's cervical range of motion was normal. The jury didn't believe the defendant's orthopedist.

The Appellate Term gave plaintiff an option - stipulate to accept a reduction of $450,000 from the award of $750,000 for future pain and suffering; or, return for a new jury trial limited to a determination on future damages. In sum, the total award of $900,000 was cut in half to - $450,000 ($150 past + $300 future). Chioffe v Pyne, 2021 N.Y. Slip Op. 51175(U)