LAW.coLAW.co

Glenford McDonald, Respondent, v. New York City Transit Authority et al., Appellants, et al., Defendants

New York Supreme Court, Appellate Division2013-05-21
106 A.D.3d 557965 N.Y.S.2d 123

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

—Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered May 26, 2011, after a jury trial, awarding plaintiff $100,000 for past pain and suffering and $250,000 for future pain and suffering over 29 years, unanimously affirmed, without costs.

The jury’s finding that plaintiff sustained a significant limitation of use and permanent consequential limitation of use of a body function or system (see Insurance Law § 5102 [d]) is not against the weight of the evidence (see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]; Nicastro v Park, 113 AD2d 129, 132-133 [2d Dept 1985]). The jury award is not excessive (see Sow v Arias, 21 AD3d 317 [1st Dept 2005), lv denied 5 NY3d 716 [2005]; Rountree v Manhattan & Bronx Surface Tr. Operating Auth., 261 AD2d 324 [1st Dept 1999], lv denied 94 NY2d 754 [1999]; Adams v Romero, 227 AD2d 292 [1st Dept 1996]). We have reviewed defendants’ various challenges to the court’s rulings during trial and find them unpreserved or unavailing. Concur—Mazzarelli, J.E, Sweeny, Freedman and Gische, JJ.