CARL v. DANIELS


268 A.D.2d 395 (2000)

702 N.Y.S.2d 279

COLETTE CARL, Individually and as Mother and Natural Guardian of COLETTE BILLUPS, an Infant, et al., Respondents, v. BENITA DANIELS, Defendant, and CITY OF NEW YORK et al., Appellants.

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

Decided January 27, 2000.


The awards for past and future pain and suffering, as reduced by the trial court, deviate materially from what is reasonable compensation, to the extent indicated, where plaintiff, 12 years old at the time of the accident, sustained a severe comminuted fracture of the midshaft of the left femur that required two surgical procedures within a week of the accident and a third to remove a rod from her leg a year and a half after the accident, and involves ongoing pain, substantial...

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