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REINA BAEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Plaintiff, a 56-year-old home-health-aide worker, sustained a painful, comminuted, midshaft humeral fracture of her right arm, and initially underwent closed reduction for about 12 weeks. Plaintiff subsequently underwent surgery for the placement of a metal rod in her arm, followed by nine weeks of physical therapy, but then had a second surgery to replace the rod with a metal plate and screws. Following a second nine-week course of physical therapy, plaintiff's fracture healed, but she was left with limited forearm rotation, numbness in her little finger and weakness in her hand. Additionally, her arm was left with three large, raised keloid scars, and there was an even chance that the hardware in her arm would become painful over time and have to be removed. The damages awards for past and future pain and suffering did not deviate materially from what is reasonable compensation under the circumstances (CPLR 5501 [c]; Martinez v. Gouverneur Gardens Hous. Corp., 184 AD2d 264, 267, lv denied 80 NY2d 759).

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BAEZ v. NEW YORK CITY TRANSIT AUTHORITY
(Feb 24, 2005)