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OLGA ORTIZ, plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap

10316. OLGA ORTIZ, plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap — Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered March 21, 2012, after a jury trial, awarding plaintiff the principal amounts of $300,000 for past pain and suffering over 11 years and $100,000 for future pain and suffering over 10 years, unanimously affirmed, without costs.

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10316. OLGA ORTIZ, plf-res, v. NEW YORK CITY TRANSIT AUTHORITY, def-ap — Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered March 21, 2012, after a jury trial, awarding plaintiff the principal amounts of $300,000 for past pain and suffering over 11 years and $100,000 for future pain and suffering over 10 years, unanimously affirmed, without costs.

Plaintiff was injured in October 2000, when she slipped on a broken concrete step and fell down the stairway of a subway station. Plaintiff was diagnosed with lumbar radiculopathy, and an injury to her coccyx. Plaintiff’s injuries are permanent, cause her severe pain, and inhibit her from engaging in such normal activity as bending, walking, lifting and sitting. Plaintiff’s orthopedic surgeon referred her to a spinal surgeon to explore the possibility of removing her coccyx, as her pain never subsided. Under these circumstances, the awards for past and future pain and suffering do not deviate materially from what is reasonable compensation (see e.g. Rutledge v. New York City Tr. Auth., 103 AD3d 423 [1st Dept 2013]; James v. Farhood, 96 AD3d 503 [1st Dept 2012]; Turuseta v. Wyassup-Laurel Glen Corp., 91 AD3d 632 [2d Dept 2012]).

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