As a result of defendant's negligence, plaintiff suffered a comminuted proximal humerus fracture, which healed in a misaligned manner. The injury resulted in chronic pain and a permanent reduction in plaintiff's range of motion and has had a significant impact on plaintiff's quality of life, as she remains unable to care for herself.
Under these circumstances, an award for past pain and suffering in excess of $400,000 deviates materially from what would be reasonable...
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