SMITH v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


58 A.D.3d 552 (2009)

872 N.Y.S.2d 107

SAMEE M. SMITH, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant et al., Defendants.

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

January 27, 2009.


The trial evidence established that plaintiff suffered severe damage to her left knee, including tears of the medial and lateral menisci, a torn ligament, torn cartilage in various places, and damage to the patella, with permanent osteochondral defect. She underwent arthroscopic surgery some months after the accident, and, while her knee improved to some degree, it never functioned normally again. Indeed, plaintiff continued to experience chronic pain, swelling and buckling...

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