Sanabia v. 718 West 178th Street, LLC

Appellate Division of the Supreme Court of New York

Sanabia v. 718 West 178th Street, LLC

49 A.D.3d 426, 854 N.Y.2d 375

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 2008

StatusPublished

Cited by6 cases

This text of 49 A.D.3d 426 (Sanabia v. 718 West 178th Street, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanabia v. 718 West 178th Street, LLC, 49 A.D.3d 426, 854 N.Y.2d 375 (N.Y. Ct. App. 2008).

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Opinion

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 plaintiffs 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 AD2d 13 [2001]; Martinez v Manhattan & Bronx Surface Tr. Operating Auth., 23 AD3d 302 [2005]). The $200,000 award for past pain and suffering should not be disturbed. Concur-Andrias, J.E, Friedman, Sweeny and Moskowitz, JJ.

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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 plaintiffs 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 AD2d 13 [2001]; Martinez v Manhattan & Bronx Surface Tr. Operating Auth., 23 AD3d 302 [2005]). The $200,000 award for past pain and suffering should not be disturbed. Concur-Andrias, J.E, Friedman, Sweeny and Moskowitz, JJ.

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Bluebook (online)

49 A.D.3d 426, 854 N.Y.2d 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanabia-v-718-west-178th-street-llc-nyappdiv-2008.

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