Appeal for Not Awarding Pain and Suffering In New York

In Galaz v. Sobel & Kraus, Inc., 280 A.D.2d 427, 721 N.Y.S.2d 623 (1st Dept. 2001) the jury found for the plaintiff on liability, and awarded damages for past medical expenses only, but nothing for past and future pain and suffering. In affirming the jury's verdict, the Appellate Division held that the verdict was "not inconsistent, since the jury apparently concluded that plaintiff had suffered an injury as a result of the alleged accident, but that the injury was de minimis and that the plaintiff did not suffer any compensable pain or suffering" (Id. at 624). The appellate court also found the verdict not to be against the weight of the evidence.