Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.

The jury found liability against the defendant driver and bus companies. However, the Supreme Court of New York, Appellate Division, determined the verdict was against the weight of the evidence, as “the evidence preponderate[d] so heavily in the [defendants’] favor that it could not have been reached on any fair interpretation of the evidence because there was enough evidence to establish that the bus had a green turn arrow and the plaintiff a solid red.” 

The court vacated the award of future pain and suffering damages in the amount of $840,000, finding that the award deviated materially from what would be reasonable compensation because the injuries—(1) right first and right second metatarsal fractures with Lisfranc fractured dislocation of the right foot, (2) fracture of the right 11th rib, (3) fracture of the sternum, (4) fracture of the right clavicle, and (5) fracture of the first lumbar bone—were excessive. The Supreme Court of New York ordered a new trial on liability and if found, future damages. 
 

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