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DAMAGES IN THIS TRAFFIC ACCIDENT CASE FOR A TORN MENISCUS AND IRREPARABLE DAMAGE TO PLAINTIFF’S DOMINANT HAND ($25,000 FOR PAST PAIN AND SUFFERING AND $0 FOR FUTURE PAIN AND SUFFERING) WERE INADEQUATE; PLAINTIFF’S MOTION TO SET ASIDE THE VERDICT PURSUANT TO CPLR 4404(a) SHOULD HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff’s motion to set aside the verdict as inadequate in this traffic accident case should have been granted. Plaintiff sustained a torn meniscus in his right knee and irreparable damage to his thumb on his dominant hand. The jury awarded $25,000 for pat pain and suffering and $0 for future pain and suffering. The Second Department held that the past pain and suffering amount should be $100,000 and the future pain and suffering amount should be $50,000:

“While the amount of damages to be awarded for personal injuries is a question for the jury, and the jury’s determination is entitled to great deference, it may be set aside if the award deviates materially from what would be reasonable compensation” … . Prior damage awards in cases involving similar injuries are not binding upon the courts, but serve to guide and enlighten them in determining whether a verdict in a given case constitutes reasonable compensation … . However, consideration should also be given to other factors, including the nature and extent of the injuries … .

Under the circumstances of this case, the jury’s award for past pain and suffering was inadequate to the extent indicated herein (see CPLR 5501[c] …). Furthermore, the jury’s failure to award any damages for future pain and suffering was not based upon a fair interpretation of the evidence … , and was inadequate to the extent indicated herein … . Cullen v Thumser, 2019 NY Slip Op 08988, Second Dept 12-18-19

 

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