ELIAS v. LINDER


4 A.D.3d 136 (2004)

771 N.Y.S.2d 344

CARLOS ELIAS, Appellant, v. ALBERT J. LINDER et al., Respondents.

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

February 10, 2004.


The jury's verdict on damages for future pain and suffering deviated materially from what is reasonable compensation under the circumstances, where plaintiff suffered a herniated and bulging disc with cord impingement and a tear of the glenoid labrum in the shoulder, which injuries will require two future surgeries, and where the award was to cover 36 years, plaintiff's remaining life expectancy.

In light of the foregoing, we decline to address the argument raised...

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