Sescila v. Garine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*685Generally, the amount of damages to be awarded to the plaintiff for personal injuries is a question for the jury, and a motion for a new trial on the issue of damages will not be granted unless the award materially differs from what is a reasonable compensation (see, CPLR 5501 [c]; Gaetan v New York City Tr. Auth., 213 AD2d 510).
The jury awarded the 43 year old plaintiff $50,000 for past pain and suffering and loss of enjoyment of life, and did not award anything for future pain and suffering for permanent injuries to her sciatic nerve and left lumbosacral area that she sustained in an…
2Cases cited3 opinions
- Wendell v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Gaetan v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Powell v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by19 opinions
- Purcell v. AxelsenAppellate Division of the Supreme Court of the State of New York · 2001
- Preston v. YoungAppellate Division of the Supreme Court of the State of New York · 1997
- Williams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Fryer v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
- Ramos v. RamosAppellate Division of the Supreme Court of the State of New York · 1996
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