|Hopkins v New York City Tr. Auth.|
|2011 NY Slip Op 01603 [82 AD3d 446]|
|March 3, 2011|
|Appellate Division, First Department|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|Meghan Hopkins, Respondent,|
New York City Transit Authority, Appellant.
Fischer and Burnstein, P.C., Kew Gardens (Steven Herschkowitz of counsel), for
Fischer and Burnstein, P.C., Kew Gardens (Steven Herschkowitz of counsel), for respondent.
Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 14, 2009, insofar as appealed from as limited by the briefs, upon a jury verdict, awarding plaintiff $350,000 for past pain and suffering and $275,000 for future pain and suffering for 55.4 years, unanimously affirmed, without costs.
The 22-year-old plaintiff suffered a trimalleolar fracture of her right ankle when she tripped and fell on a section of cracked and raised concrete in a subway station. She has endured two painful surgeries, one open insertion to repair her broken bones by means of a metal plate and screws, and a second to remove the surgical hardware. She can no longer run or participate in sports and continues to have pain. Early signs of arthritis, which is likely to further restrict her motion and activities, have been detected in her ankle, which may require an additional surgery. Under these circumstances, the amounts awarded for past and future pain and suffering do not deviate materially from what is reasonable compensation (see e.g. Colon v New York Eye Surgery Assoc., P.C., 77 AD3d 597 ; Ruiz v Hart Elm Corp., 44 AD3d 842 ; Rydell v Pan Am. Equities, 262 AD2d 213 ; Po Yee So v Wing Tat Realty, 259 AD2d 373 ; CPLR 5501 [c]). Concur—Mazzarelli, J.P., Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ.