Luna v. New York City Transit Authority

In Luna v. New York City Transit Authority, the First Department determined that a jury verdict of $500,000 for past pain and suffering over 3 1/2 years constituted reasonable compensation. The 47-year old plaintiff in Luna sustained a torn meniscus to her right knee, underwent arthroscopic surgery, and was unable to work for three months, and underwent 12 extremely painful sessions of physical therapy. The preceding cases, involving similar injuries, resulting in past pain and suffering awards ranging from $150,000 - $500,000. The jury's award of $266,000 over a period of seven years does not substantially deviate from these figures. The jury's award for future pain and suffering of $375,000, over a period of 15 years, is likewise within reason and not excessive. Luna v. New York City Transit Authority, involved a plaintiff who sustained a torn meniscus to her right knee, underwent arthroscopic surgery, and was unable to work for three months, and underwent 12 extremely painful sessions of physical therapy. Evidence was adduced at trial that the plaintiff sustained a permanent, partial disability, and it was "highly probable" that she would need a future total knee replacement. The Appellate Division determined that a jury verdict of $500,000 for future pain and suffering, over a period of 34 years, was reasonable under those circumstances.