In the New York personal injury case, Conway v. New York City Transit Authority, 26-year-old Daniel Conway slipped and fell at a Queens (NYC) subway station. He fell on the second highest step of the stairs and suffered fractures of both ankles. He underwent surgery on both ankles a few months later. At trial, an expert surgeon also testified that Mr. Conway will need additional surgeries in the future.
The Queens County jury found that the stairway was not reasonably safe and that the defendant’s failure to maintain the stairway caused the accident. They returned a verdict of $1,000,000 ($200,000 for past pain and suffering and $800,000 for future pain and suffering).
On appeal, the New York State Appellate Division, Second Department, upheld the amount of the verdict saying that “the jury’s awards for past and future pain and suffering did not deviate materially from what would be considered reasonable compensation.”