The 58 year old plaintiff was engaged in construction work on the street in midtown Manhattan when defendant drove his taxi cab onto the site, hitting plaintiff from behind. The trial evidence established that plaintiff suffered a fractured ankle and two herniated disks resulting in severe pain, but did not require surgery. Based on the evidence presented in this case, the trial court's determination that the jury award as to medical expenses and loss of services deviated from reasonable compensation was appropriate. However, the court's reduced awards for pain and suffering are inadequate under the circumstances of this case, and we increase such awards to the extent indicated. Should plaintiff stipulate to such reduction of the jury verdict, the award should be structured in compliance with CPLR article 50-B.
Concur — Rosenberger, J. P., Wallach, Williams and Tom, JJ.