MADIA v. GARCIA

27231/16. Appeal No. 14390. Case No. 2020-03104.

198 A.D.3d 484 (2021)

152 N.Y.S.3d 595

2021 NY Slip Op 05632

Vincent Madia, Respondent, et al., Plaintiff, v. Jaime A. Garcia, Appellant.

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

Decided October 14, 2021.


Attorney(s) appearing for the Case

The Noll Law Firm, P.C., New York ( Nicholas W. Dell'Anno of counsel), for appellant.

Morgan Levine Dolan, P.C., New York ( Joseph Gorczyca of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.


The trial court providently exercised its discretion in increasing the award for past pain and suffering from $5,000 to $250,000. While the jury could reasonably have concluded that plaintiff's ankle was not fractured but merely sprained and that some portion of the pain he experienced was attributable to a prior ankle injury, it could not have reasonably disregarded the evidence that plaintiff suffered a herniated disc and two disc bulges as a result of the accident.

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