Appellate Division, First Department at 27 Madison Ave. (Photo by David Handschuh/NYLJ) Bronx Judge's Decision to Increase Jury's Past Pain-and-Suffering Award From $5K to $250K Upheld
A panel of the Appellate Division, First Department court justices wrote that the jury "could not have reasonably disregarded the evidence that plaintiff suffered a herniated disc and two disc bulges as a result of the accident" in the vehicle collision personal-injury case.
October 15, 2021 at 01:21 PM
4 minute read
A state appeals court on Thursday upheld a Bronx trial judge's decision to set aside, and dramatically increase, a jury's pain and suffering award from $5,000 to $250,000, in a vehicle-accident case in which the appeals court indicated the jury may not have properly considered evidence of the plaintiff's herniated disc and disc bulges.
A panel of the Appellate Division, First Department court justices wrote that the jury "could not have reasonably disregarded the evidence that plaintiff suffered a herniated disc and two disc bulges as a result of the accident," in which, according to plaintiff Vincent Madia, he was ejected from his motorcycle and suffered left leg, left ankle, back, neck and left thumb injuries.
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