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CINTRON v. NEW YORK CITY TRANSIT AUTHORITY

50 A.D.3d 466 (2008)

857 N.Y.S.2d 72

JESSE CINTRON, JR., an Infant, by His Father and Natural Guardian, JESSE CINTRON, SR., et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 17, 2008.

The infant plaintiff was 14 years old when he suffered a traumatic brain injury and hip fracture after being hit by a subway car as he was painting graffiti in a subway tunnel. His injuries included such cognitive impairments as significant deficits in perceptual organization, processing speed and memory; residual weakness principally in the left hand; pain and headaches; and depression. The awards for pain and suffering, as set by the jury, were clearly excessive, and the...

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