Lewis v. New York City Transit Authority

In Lewis v. New York City Transit Authority, (100 AD3d 554 [1st Dept 2012]) the First Department affirmed jury awards of $3 .5 million for past pain and suffering, and $4 million over 10 years for future pain and suffering ($400,000 a year), or respectively 80 percent and 54 percent of the damages awarded plaintiff in the instant case. After being struck by a bus, the infant plaintiff sustained a fractured fibula and endured an open reduction and internal fixation. He also suffered a degloving injury, which required skin and muscle grafting, several debridements, and lengthy periods of hospitalization and rehabilitation. His injuries resulted in scarring, increased arthritic changes, a permanent loss of range of motion and sensation, and a need for a future ankle fusion.