Donlon v. City of New York

I am compelled to disagree with the majority’s determination to reduce the jury’s award for future pain and suffering to this permanently disabled firefighter from $500,000 to $400,000. It is generally accepted that *21a personal injury damage award is a question of fact for the jury, which is in the unique position of being able to assess the plaintiff, his injuries, and his credibility (Rodriguez v City of New York, 191 AD2d 420).

“Although possessing the power to set aside an excessive jury verdict [here, pursuant to CPLR 5501 (c)], a [court] should nonetheless be wary of substituting its…