FILIPINAS v. ACTION AUTO

The trial evidence established that within an hour of the accident, Plaintiffs decedent was heavily medicated and/or sedated, justifying the trial court's reasoning that the decedent endured pain and suffering for a limited amount of time. However, contrary to the court's determination, the award for conscious pain and suffering did not deviate materially from what is reasonable compensation, where, as a result of being struck in the head by the side mirror of defendants' van, Plaintiffs decedent sustained fractures of the left orbit and right temporal bone, a subdural hematoma and subarachnoid hemorrhaging ( see Twersky v Busche, 37 AD3d 704; Ramos v La Montana Moving Stor., 247 AD2d 333 [1998]).

[See 2007 NY Slip Op 31245(U).]