Crawford v. Marcello

In Crawford v. Marcello, 247 A.D.2d 907 (4th Dep't 1998), the Appellate Division reversed a jury verdict for the plaintiff and directed a new trial, finding the $ 10,000.00 award for past pain and suffering inadequate, and the failure to award any damages for future pain and suffering not sustainable on any fair interpretation of the evidence, where the plaintiff had in a trip-and-fall sustained an nondisplaced metatarsal fracture of the left foot, a sprained ankle, and a fracture to her elbow requiring internal fixation and resulting in a reduction in range of motion and alleged continuing pain.