CLAUDIO v. CITY OF NEW YORK

Unrefuted medical proof offered by plaintiff at trial established that she suffered a fracture of the distal radius of her nondominant left wrist, and injury to her shoulder and ankle when she fell after stepping into a sidewalk hole. Plaintiff's arm was in a cast for six weeks, she wore an arm sling to support her shoulder, received multiple cortisone shots in her shoulder and hand to alleviate pain, received physical therapy to rehabilitate her injuries and still wore a removable hand cast to stabilize her thumb at the time of the trial of this matter. Plaintiff's orthopedic expert testified that plaintiff would experience continued pain associated with DeQuervain's Syndrome and recommended surgery for her injured hand to stem the pain, however plaintiff, as of the time of trial, had elected against surgery in light of the associated risks. Under the circumstances, we find that the jury's award deviated materially from what is reasonable compensation under the circumstances (see, CPLR 55 01[c]), and that an increase in the awards for past and future pain and suffering to the extent indicated is warranted.

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