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Hopkins v New York City Transit Authority


									                                                         Rakower, J.), entered December 14, 2009, insofar as
                                                         appealed from as limited by the briefs, upon a jury
--- N.Y.S.2d ----, 2011 WL 722763 (Mem), 2011 N.Y.
                    Slip Op. 01603                       verdict, awarding plaintiff $350,000 for past pain and
                                                         suffering and $275,000 for future pain and suffering for
                                                         55.4 years, unanimously affirmed, without costs.
  This opinion is uncorrected and subject to revision
                                                         The 22-year-old plaintiff suffered a trimalleolar fracture
  before publication in the printed Official Reports.
                                                         of her right ankle when she tripped and fell on a section of
                                                         cracked and raised concrete in a subway station. She has
      Meghan Hopkins, Plaintiff-Respondent,              endured two painful surgeries, one open insertion to
                        v.                               repair her broken bones by means of a metal plate and
    New York City Transit Authority, Defendant-          screws, and a second to remove the surgical hardware.
                    Appellant.                           She can no longer run or participate in sports and
                                                         continues to have pain. Early signs of arthritis, which is
                                                         likely to further restrict her motion and activities, have
                                                         been detected in her ankle, which may require an
                      OPINION                            additional surgery. Under these circumstances, the
                                                         amounts awarded for past and future pain and suffering
                4433 115489/06                           do not deviate materially from what is reasonable
      Supreme Court, Appellate Division, First           compensation (see e.g. Colon v New York Eye Surgery
             Department, New York                        Assoc., P.C., 77 AD3d 597 [2010]; Ruiz v Hart Elm
            Decided on March 3, 2011                     Corp., 44 AD3d 842 [2007]; Rydell v Pan Am Equities,
                                                         262 AD2d 213 [1999]; Po Yee So v Wing Tat Realty, 259
Mazzarelli, J.P., Acosta, DeGrasse, Richter, Manzanet-   AD2d 373 [1999]; CPLR 5501[c]).
Daniels, JJ.
                                                         THIS CONSTITUTES THE DECISION AND ORDER

                                                         OF THE SUPREME COURT, APPELLATE DIVISION,
                                                         FIRST DEPARTMENT.
Wallace D. Gossett, Brooklyn (Anita Isola of counsel),
                                                         ENTERED: MARCH 3, 2011
Fischer and Burnstein, P.C., Kew Gardens (Steven         Copr. (c) 2011, Secretary of State, State of New York
Herschkowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Eileen A.


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