Pain and Suffering Reduced by New York Courts - Example Cases
In Williams v. City of New York (105 A.D.3d 667, 964 N.Y.S.2d 134 [1st Dept. 2013]), the Appellate Division reduced an award for future pain and suffering for a 15 year period from $2 million to $1.2 million, where plaintiff injured his back, aggravated a preexisting back and left leg condition, was incapable of working after the accident, and would need future care for the remainder of his life due to the compromised nature of his spine. In Hill v. Muchow, 178 A.D.2d 954, 579 N.Y.S.2d 254 [4th Dept. 1991] the Court reduced past pain and suffering from $2.5 to $2 million, and affirming $2.5 million for 27 years of future pain and suffering where, among other injuries, plaintiff's foot and ankle pain and disabilities were extreme, permanent, and progressively worsening; in addition, plaintiff sustained severe, painful and debilitating or deforming injuries to his nose, face, mouth, jaw, neck and back.
In Tonaj v. ABC Carpet Co., Inc., 43 A.D.3d 337, 841 N.Y.S.2d 482 [1st Dept. 2007], the Court reduced future pain and suffering for a 20 year period from $5 to $2 million where plaintiff broke six teeth, fractured his left elbow and right wrist, underwent two operations on his elbow, one on his shoulder, and one on his back, still feels pain in his elbow, wrist and back, continues to take pain medication, has difficulty sleeping, and cannot stand or sit for extended periods of time.