MURAKAMI v. MACHINIST


3 A.D.3d 336 (2004)

769 N.Y.S.2d 886

RONALD D. MURAKAMI, Appellant-Respondent, v. GABRIELLE MACHINIST, Respondent-Appellant.

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

January 8, 2004.


Plaintiff suffered a fractured clavicle that necessitated surgical repair when, as a pedestrian, he was hit by defendant's vehicle. The surgery left a shortened clavicle bone, and weakened and scarred the neighboring supporting shoulder muscles. Plaintiff has consequently endured persistent pain and intermittent immobility, which appreciably diminishes his ability to resume his previous athletic lifestyle. Upon review of the record, we find that the jury's awards at issue...

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