Paek v. City of New York

Saxe, J.P, dissents in part in a memorandum as follows:

I disagree with the majority’s further reduction of the verdict for future pain and suffering. Plaintiff suffered a devastating traumatic brain injury, resulting in multiple life-altering cognitive impairments. The jury’s award of $9 million for future pain and suffering was appropriate to the particular circumstances, and certainly, the award as reduced by the trial court to $5 million cannot be said to deviate materially from what would be reasonable compensation under the circumstances.

The jury in the present case awarded plaintiff $9…