At page 1436 Establishing causation of spinal cord injuries from accident7 citing cases“We conclude that the evidence, viewed in the light most favorable to plaintiffs, established that plaintiff sustained injuries to his cervical and lumbar spinal cord, including a herniated disc at C5-6 that was “impingfing] upon the right side of the spinal cord.”
- Mejia v. Japan Socy., Inc., 2025 NY Slip Op 50119(U) (N.Y. Sup. Ct., Bronx Cty. 2025).unpublished With respect to plaintiff's cervical spine injury, namely two preexisting herniated discs for [*18]which surgery was recommened but not performed, and which grew in size as a result of this accident, the Court finds that $200,000 for past…
- Mast v. DeSimone, 2019 NY Slip Op 8288 (N.Y. App. Div. 4th Dep't 2019).publishedSwatland v Kyle , 130 AD3d 1453, 1454-1455 [4th Dept 2015]; Kmiotek v Chaba , 60 AD3d 1295, 1296-1297 [4th Dept 2009]; Ellis v Emerson , 57 AD3d 1435, 1436-1437 [4th Dept 2008]).
- Lemoine v. Steinway Fitness Grp., LLC, 106 A.D.3d 960 (N.Y. App. Div. 2d Dep't 2013).published Nor did the award for future pain and suffering deviate materially from what would be reasonable compensation (see Ellis v Emerson, 57 AD3d 1435, 1436-1437 [2008]; Kithcart v Mason, 51 AD3d 1162, 1164-1165 [2008]; Van Nostrand v Froehlich,…
- Barrow, Dewey R. v. Dubois, D.L. Gordon, 82 A.D.3d 1685 (N.Y. App. Div. 4th Dep't 2011).publishedFinally, we cannot agree with defendants that the award of $115,000 for past pain and suffering deviates materially from *1687 what would be reasonable compensation (see CPLR 5501 [c]; Ellis v Emerson, 57 AD3d 1435, 1436-1437 [2008]; Gehre…
- Rivenburg v. Highland Hosp., 72 A.D.3d 1571 (N.Y. App. Div. 4th Dep't 2010).publishedFinally, we conclude that the award for past and future pain and suffering does not “ deviate[ ] materially from what would be reasonable compensation” (CPLR 5501 [c]; see Ellis v Emerson, 57 AD3d 1435, 1436-1437 [2008]).
At page 1437 Determining reasonable compensation for pain and suffering4 citing cases“Based on that evidence, we conclude that the awards of $125,000 for past pain and suffering and $275,000 for future pain and suffering do not deviate materially from what would be reasonable compensation (see CPLR 5501 [c]; Rountree v Manhattan & Bronx Surface Tr.”
- Reynolds v. State, 118 A.D.3d 1496 (N.Y. App. Div. 4th Dep't 2014).published Contrary to the contentions of claimant and defendant, the award for past and future pain and suffering does not deviate materially from what would be reasonable compensation (see CPLR 5501 [c]; Ellis v Emerson, 57 AD3d 1435, 1437 [2008]).
- Haleemeh M.S. v. MRMS Realty Corp., 28 Misc. 3d 443 (N.Y. Sup. Ct. 2010).publishedStores, Inc., 40 AD3d 1339, 1344 [3d Dept 2007]; Stylianou v Calabrese, 297 AD2d 798, 799 [2d Dept 2002].) A plaintiff must establish future medical expenses with “reasonable certainty” (see Ellis v Emerson, 57 AD3d 1435, 1437 [4th Dept 20…
- Bissell v. Town of Amherst, 79 A.D.3d 1638 (N.Y. App. Div. 4th Dep't 2010).publishedPetitioner correctly contends that the jury’s award for future medical expenses cannot be deemed speculative inasmuch as we have already determined that the award was supported by the evidence (Bis-sell, 56 AD3d at 1148; see generally Elli…
Other citing cases
- City of New York v. Exxon Mobil Corp., 643 F. Supp. 2d 446 (S.D.N.Y. 2009).published
v.
Craig Alan Emerson
[*1436] Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Matthew D. Ellis (plaintiff) in a motor vehicle accident. Contrary to defendants’ contention, Supreme Court properly allowed plaintiffs treating physicians to testify concerning the cause of plaintiffs injuries despite the fact that neither physician had reviewed plaintiffs prior chiropractic records. The physicians’ failure to review the records “goes only to the weight of the testimony, not to its admissibility” (Weigert v Baker, 217 AD2d 1011 [1995]; see Latour v Hayner Hoyt Corp. [appeal No. 2], 13 AD3d 1147, 1148 [2004]).
We conclude that the evidence, viewed in the light most favorable to plaintiffs, established that plaintiff sustained injuries to his cervical and lumbar spinal cord, including a herniated disc at C5-6 that was “impingfing] upon the right side of the spinal cord.” The herniated disc resulted in, inter alia, chronic neck pain, chronic headaches, weakness and numbness in plaintiffs right arm, decreased sensation in plaintiffs right hand, limited[*1437] range of motion of plaintiffs neck and lumbar spine, and inability to sit for long periods. Plaintiff also suffered from depression, had difficulty sleeping, and was unable to enjoy many of the activities that he had previously enjoyed, such as snowmobiling, drumming, and plowing his driveway. Plaintiff was unable to return to his work as a truck driver and to operate his stage production business. Based on that evidence, we conclude that the awards of $125,000 for past pain and suffering and $275,000 for future pain and suffering do not deviate materially from what would be reasonable compensation (see CPLR 5501 [c]; Rountree v Manhattan & Bronx Surface Tr. Operating Auth., 261 AD2d 324, 328 [1999], lv denied 94 NY2d 754 [1999]). We further conclude that the award for future loss of earnings was established with the requisite “reasonable certainty” (Faas v State of New York, 249 AD2d 731, 732 [1998]), and it also did not deviate from what would be reasonable compensation (see CPLR 5501 [c]).
We agree with defendants, however, that plaintiffs failed to establish future medical expenses with the requisite “reasonable certainty” (Faas, 249 AD2d at 732; cf. Beh v Jim Willis & Sons Bldrs., Inc., 28 AD3d 1227, 1228 [2006]). Viewing the evidence in the light most favorable to plaintiffs (see Strangio v New York Power Auth. [appeal No. 2], 275 AD2d 945, 946 [2000]), we conclude that the highest amount the jury could have awarded plaintiff for future medical expenses is $61,024.52. We therefore modify the judgment accordingly, and we grant a new trial on damages for future medical expenses only unless plaintiffs, within 30 days of service of a copy of the order of this Court with notice of entry, stipulate to reduce that award to $61,024.52, in which event the judgment is modified accordingly.
We have considered defendants’ remaining contentions and conclude that they are either lacking in merit or, in the event that they have merit, would constitute only harmless error. Present — Scudder, EJ., Hurlbutt, Peradotto, Green and Gorski, JJ.