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RUIZ v. N.Y. CITY

Appellate Division of the Supreme Court of New York, First Department.
Oct 4, 2007
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Plaintiff, a passenger on a bus owned and/or operated by defendants, was injured when the driver brought the vehicle to a sudden stop, causing her to fall to the floor. She underwent surgery for a fractured right ankle, involving open reduction and internal fixation with a plate and screws, and remained in the hospital for a week. The $1.1 million award deviates materially from reasonable compensation for this injury to the extent indicated ( see CPLR 5501 [c]). The 46-year-old plaintiff experienced an uncomplicated recovery, with few limitations other than inability to walk for long periods of time and some occasional pain that she treats with over-the-counter medication ( see e.g. Uriondo v Timberline Camplands, Inc., 19 AD3d 282, lv denied 6 NY3d 704 [2006]; Clark v N-H Farms, Inc., 15 AD3d 605).