Rubio v. New York City Transit Authority, 99 A.D.3d 532, 952 N.Y.S.2d 512 (1st Dept. 2012) involved a 62 year old passenger on a bus who had a pre-existing biceps tear at the time of the accident. The Rubio plaintiff "suffered a rotator cuff tear, for which he underwent an unsuccessful surgical repair, resulting in a permanent reduction in strength and range of motion" (99 A.D.3d at 534.) In Rubio the jury's award of $750,000 for past pain and suffering and $1,684,615.40 for future pain and suffering over 14.6 years was reduced to $500,000 pps and $500,000 fps, respectively. The $30,000 award for past medical expenses was left intact.