Can a Jury Award Damage for Past and Future Medical Expenses ?
In Ramos v. NYCHA, A.D.2d,721 N.Y.S.2d 21 (1st Dept. 2001) the jury rendered a verdict apportioning liability between the plaintiff and the defendant in a slip and fall case and made an award of $ 2,300 for past medical expenses.
The defense in Ramos failed to present any medical evidence to refute or discredit the plaintiff's medical evidence.
The physician in Ramos opined that there would be a need for arthroscopic surgery.
The evidence in Ramos was uncontroverted that the "plaintiff would experience chronic pain on a permanent basis." (Id. at 22).
In Ramos the Appellate Division held, notwithstanding plaintiff's failure to move to set aside the verdict as inconsistent prior to discharge of the jury, that it would review the claim "in light of the uncontroverted testimony" and that upon such review," 'the jury's failure to award damages for pain and suffering is contrary to a fair interpretation of the evidence and constitutes a material deviation from what would be reasonable compensation.' "(Id. at 23).
In Myers v. S. Schaffer Grocery Corp., A.D.2d (lst Dept. 2001); NYLJ March 5, 2001, at 18, col. 3, the appellate court found that the trial "court properly set aside the jury's findings that plaintiff did not and will not suffer any pain and suffering as a result of the accident, where the evidence showed that plaintiff sustained a knee injury that required substantial medical treatment, including surgery, and the jury awarded damages for past and future medical expenses."