Benain v. New York City Transit AuthorityBenain v. New York City Transit Authority
—In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (G. Aronin, J.), as, upon a jury verdict finding it 100% at fault in the happening of the accident, and finding that the plaintiff Ira Lynn Benain sustained damages of $300,000 for past pain and suffering and
Ordered that the judgment is reversed insofar as appealed from, on the facts and as a exercise of discretion, with costs, and a new trial is granted on the issue of damages with respect to the plaintiff Ira Lynn Benain only, unless within 30 days after service upon the plaintiff Ira Lynn Benain of a copy of this decision and order with notice of entry, she shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict for past pain and suffering from $300,000 to $200,000, and for future pain and suffering from $500,000 to $100,000, and to the entry of an appropriate amended judgment accordingly; in the event that the plaintiff Ira Lynn Benain so stipulates, then the judgment, as so reduced and amended, is affirmed insofar as appealed from, without costs and disbursements.
The injured plaintiff suffered a bimalleolar fracture of her left ankle as a result of tripping on a damaged step at the defendant’s subway station located at Church Avenue and 18th Street in Brooklyn. Contrary to the defendant’s contention, the verdict on the issue of liability was based upon a fair interpretation of the evidence, and therefore should not be disturbed (see, White v Rubinstein,