Carlos v. WHP 19, LLC

• Court: New York Supreme Court — Appellate Division
• Citation: Carlos v. WHP 19, LLC, 301 A.D.2d 423, 752 N.Y.S.2d 874 (N.Y. App. Div. 2003)
• Decision Date: 16 January 2003
• Parties: MOWBRAY CARLOS et al., Respondents,<BR>v.<BR>W.H.P. 19, LLC, et al., Appellants.

301 A.D.2d 423

752 N.Y.S.2d 874

MOWBRAY CARLOS et al., Respondents,

v.W.H.P. 19, LLC, et al., Appellants.

Decided January 16, 2003.

Concur — Nardelli, J.P., Tom, Lerner, Marlow and Gonzalez, JJ.

The 65-year-old plaintiff suffered a nondisplaced fracture of the calcaneus bone and a tear of the anterior ligament in the lateral aspect of the ankle, which, according to his expert, resulted in progressive degenerative changes and a permanent restriction of motion thereby limiting his ability to walk on some surfaces. Defendants' expert confirmed that plaintiff's loss of motion in his foot and ankle, rated at 50%, is permanent. Given these facts, the jury's future pain and suffering award of $36,500 over 14.6 years, which translates to $2,500 per year, deviates materially from what is reasonable compensation. However, inasmuch as the calcaneus fracture has healed and plaintiff no longer requires crutches or takes medication for the...