JACKSON v. MUNGO ONE INC

The seven-year-old infant suffered a concussion, post-concussion syndrome, posttraumatic stress disorder and cognitive deficits, which constitute "serious injury" pursuant to Insurance Law § 5102(d) ( Chapman v. Capoccia, 283 A.D.2d 798; Jordan v. Goldstein, 129 A.D.2d 616). There was conflicting expert medical testimony as to whether these injuries resulted from being struck by the taxi owned and operated by defendants. The jury's verdict on this credibility issue was supported by a fair interpretation of the evidence ( Lichtenstein v. Bauer, 203 A.D.2d 89). The award for pain and suffering does not deviate materially from reasonable compensation for such injuries (CPLR 5501[c]; Roness v. Federal Express Corp., 284 A.D.2d 208). Finally, plaintiff's counsel's summation did not deprive defendants of a fair trial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.