Vasquez v. City of New York

In Vasquez v. City of New York, 298 AD2d 187 [1st Dept 2002], the plaintiff sustained a fracture of the tibia and fibula and a tear of the intersosseous membrane. An open reduction and internal fixation with a metal rod was performed. He suffered ongoing permanent pain and weakness in the leg. He was awarded $ 950,000 for future pain and suffering over the 39.6 years he was expected to live and $ 250,000 for past pain and suffering. Although he had a fracture of the tibia and fibula, as opposed to plaintiff's fractures of the foot and heel, the Court notes the contrast in the future damages award between that award where the plaintiff underwent only one operation and the award for years of pain and suffering in this action where plaintiff had six surgeries.