In Donatiello v. City of New York, 301 A.D.2d 436 (1st Dept. 2003) plaintiff suffered a herniated disk with root compression, soft tissue injuries of the neck and shoulders, and sporadic limitation of range of motion in lumbar flexion. At the time of trial, plaintiff still felt pain in his lower back. However, there had been little reduction of his daily activities and his alleged need for surgery was speculative. Under the circumstances, the Appellate Division upheld the $100,000.00 award for past pain and suffering, but found the $250,000.00 award for future pain and suffering excessive and reduced it to $75,000.00. The Appellate Division reduced a jury award for past and future pain and suffering, from $ 350,000.00 to $ 175,000.00. Plaintiff suffered a herniated disk with root compression, soft tissue injuries of the neck and shoulders, sporadic limitation of range of motion in lumbar flexion. At the time of trial, plaintiff still felt pain in his lower back. However, there had been little reduction of his daily activities and his alleged need for surgery was speculative. Under the circumstances, the Appellate Division upheld the $ 100,000.00 award for past pain and suffering, but found the $ 250,000.00 award for future pain and suffering excessive and reduced it to $ 75,000.00.