DSB obtained an Order from the Appellate Division, Second Department, reducing a damages award for past pain and suffering by more than half, from $634,000 to $300,000. The 20-year old Plaintiff had been rear-ended by a bus in a mall parking lot, and claimed that she sustained two cervical disc herniations that significantly limited the range of motion in her neck and caused tingling and spasms in one of her arms. The trial judge declined to disturb the jury’s verdict, but on appeal DSB’s municipal defense team successfully argued that the jury’s award deviated so materially from reasonable compensation that it needed to either be reduced to an amount comparable to what has been awarded in prior cases for similar injuries or remanded for a new trial on damages.
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