Appellate Division of the Supreme Court of New York, 2011

Davison v. New York City Transit Authority

Davison v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided August 16, 2011
87 A.D.3d 608; 928 N.Y.2d 468
Davison v. New York City Transit Authority

Opinion of the Court

The plaintiff was struck by a train and sustained personal injuries, including a fractured clavicle and a fractured scapula. Based upon the evidence presented at the trial, the award of damages for past and future pain and suffering deviated from what would be reasonable compensation to the extent indicated herein (see CPLR 5501 [c]).

In light of our determination, we need not reach the plaintiffs alternative contentions. Skelos, J.R, Belen, Hall and Roman, JJ., concur.

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