SANABIA v. Houlihan-Parnes Realtor, et al., Defendants. (2008)

Order, Supreme Court, New York County (Marcy Friedman, J.), entered April 17, 2006, which denied the motion by defendants 718 West 178th Street and Metro Property Group to set aside as excessive the verdict awarding plaintiff damages for past and future pain and suffering in the respective principal amounts of $200,000 and $400,000, unanimously modified, on the facts, the award of damages for future pain and suffering vacated, a new trial directed thereon and otherwise affirmed, without costs, unless, within 30 days after service of a copy of this order, plaintiff stipulates to reduce the award for future pain and suffering to $300,000, and to entry of a judgment in accordance therewith.

Although plaintiff complains of lifestyle limitations such as inability to play baseball with his grandchildren, ride a bicycle and dance with his wife as a result of herniated discs of the cervical spine at C-3-C-4 through C-6-C-7, with nerve root impingement and resulting back and neck pain, he was never hospitalized, and neither had nor was expected to have surgery.   He returned to work on light duty after six months but found he could not endure a regular work routine, and took a disability retirement for reasons unconnected with this incident.

While plaintiff's injuries are permanent in nature, under these circumstances the $400,000 award for future pain and suffering over 20.9 years deviates materially from what is reasonable compensation to the extent indicated (cf. Donlon v. City of New York, 284 A.D.2d 13, 727 N.Y.S.2d 94 [2001];  Martinez v. Manhattan & Bronx Surface Tr. Operating Auth., 23 A.D.3d 302, 806 N.Y.S.2d 470 [2005] ).   The $200,000 award for past pain and suffering should not be disturbed.