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CARLOS ELIAS, Plaintiff-Appellant, v. ALBERT J. LINDER, ET AL., Defendants-Respondents.

The jury's verdict on damages for future pain and suffering deviated materially from what is reasonable compensation under the circumstances, where plaintiff suffered a herniated and bulging disc with cord impingement and a tear of the glenoid labrum in the shoulder, which injuries will require two future surgeries, and where the award was to cover 36 years, plaintiff's remaining life expectancy.

In light of the foregoing, we decline to address the argument raised in plaintiff's supplemental brief.

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

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ELIAS v. LINDER
(Feb 10, 2004)