CARLOS v. W.H.P. 19, LLC


301 A.D.2d 423 (2003)

752 N.Y.S.2d 874

MOWBRAY CARLOS et al., Respondents, v. W.H.P. 19, LLC, et al., Appellants.

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

Decided January 16, 2003.


The 65-year-old plaintiff suffered a nondisplaced fracture of the calcaneus bone and a tear of the anterior ligament in the lateral aspect of the ankle, which, according to his expert, resulted in progressive degenerative changes and a permanent restriction of motion thereby limiting his ability to walk on some surfaces. Defendants' expert confirmed that plaintiff's loss of motion in his foot and ankle, rated at 50%, is permanent. Given these facts, the jury's future pain...

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