Second Department Increases Jury Award In Train Accident Case

At trial in Kings County Supreme Court, a jury found Defendant, New York City Transit Authority, 70% at fault when Plaintiff, Clyde Davison, was struck by a train. Mr. Davison suffered a fractured clavicle and a fractured scapula as a result of the accident. The same jury awarded Mr. Davison $150,000 for past pain and suffering and $66,000 for future pain and suffering.

Plaintiff appealed arguing that the awards for pain and suffering were unreasonably low given the severity of the injuries. The Appellate Division, Second Department, agreed. The court increased damages on past pain and suffering from the principal sum of $150,000 to $275,000 and future pain and suffering from the principal sum of $66,000 to $175,000.

As a result, Mr. Davison will either have a new trial on damages or the Defendant will agree to pay at total of $315,000 ($192,500 ($275,000 x .70) for past pain and suffering and $122,500 ($175,000 x .70) for future pain and suffering).

Davison v New York City Tr. Auth., 2011 NY Slip Op 06244 (2d Dept. 2011).

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