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Diouf v. New York City Transit Authority – Case Brief Summary (New York)

In Diouf v. New York City Transit Authority, 77 A.D.3d 600, 909 N.Y.S.2d 451 [1st Dept., 2010], a 55-year-old tailor brought a personal injury action against the transit authority. Plaintiff fractured both wrists after falling on uneven stairs leading into a subway station.

The fracture to the left wrist was a comminuted intra-articular fracture of the distal radius and ulnar styloid, which required reduction surgery and a second surgical procedure to remove the metal hardware inserted into his wrist.

After occupational therapy, the fractures healed, but he had reduced ranges of motion, tenderness and reduced grip strength, and traumatic arthritis causing pain in both wrists.

The Court found that the jury's award of $800,000 for future pain and suffering did not deviate materially from what is reasonable compensation.