Opinion
May 25, 1999
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Plaintiff, who was 44 years old at the time of the accident, sustained a fracture of the left femoral neck of the hip requiring open reduction and internal fixation with a metal plate and pins, and a second: operation to replace the original pins with larger pins to hold the metal plate more securely. While the undisputed testimony revealed that plaintiff has been in constant pain for 12 years and will likely continue to be in such pain for the next 10 years, and that the injury has resulted in atrophy and a limitation of his physical activities, plaintiff was nonetheless able to return to work after six months. Moreover, there was no evidence that his condition is permanent, and although his range of motion is impaired he is not completely disabled. Accordingly, we conclude, in light of other awards in cases involving similar injuries that the jury award of $750,000 for future pain and suffering deviates materially from what is reasonable compensation under the circumstances.
It cannot be concluded that the trial court improvidently exercised its discretion in applying the 9% statutory interest rate to the judgment since no compelling reason has been set forth to warrant deviation from the statutory rate which is presumptively fair and reasonable ( see, Rodriguez v. New York City Hous. Auth., 91 N.Y.2d 76, 80-81).
Concur — Sullivan, J. P., Tom, Mazzarelli, Rubin and Friedman, JJ.