MINK v. METRO-NORTH COMMUTER R.R. CO.


182 A.D.2d 601 (1992)

Robert J. Mink, Respondent, v. Metro-North Commuter Railroad Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 30, 1992


Plaintiff, a track worker for defendant railroad, slipped during the course of his duties, twisted his leg, and developed a deep vein thrombosis that permanently disabled him. While plaintiff's injury was genuine, we find that the verdict for future pain and suffering was excessive, and may have been exacerbated by the admission of speculative testimony by his expert concerning the likelihood of his developing an ulcer or an embolism that could result in death. This testimony...

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