Rutledge v New York City Tr. Auth. (2013 NY Slip Op 00705)

Rutledge v New York City Tr. Auth.

2013 NY Slip Op 00705 [103 AD3d 423]

February 5, 2013

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 27, 2013

Alicia Rutledge, Respondent,
v
New York City Transit Authority, Appellant.

—[*1]

Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for appellant.

Daniel E. Rausher, Brooklyn, for respondent.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered August 19, 2011, upon a jury verdict awarding plaintiff, inter alia, the principal amount of $400,000 for future pain and suffering over 20 years, unanimously affirmed, without costs.

Plaintiff was injured when, while attempting to board defendant's bus, the doors closed on her and the bus started to drive away before coming to an abrupt stop. As a result, plaintiff suffered a herniation to her lumbar spine and two bulging discs to her cervical spine, resulting in radiculopathy, for which surgery was recommenced. Compensation for plaintiff's injuries did not deviate materially from what is reasonable compensation. Concur—Tom, J.P., Sweeny, Moskowitz, Manzanet-Daniels and Gische, JJ.