The estate of a woman who died the day after a Queens, N.Y., judge awarded her $150,000 for future pain and suffering is still entitled to the award, her curtailed future notwithstanding, an appellate panel has ruled.
“[W]e find no statutory provision that warrants setting aside or reducing the $150,000 damages award,” Justice William E. McCarthy wrote for the unanimous Appellate Division, 2nd Department, panel in Stinton v. Robin’s Wood, 06-03926. “Moreover, under the circumstances of this personal injury action involving an elderly woman, where the defendant caused significant delays, this court’s interest in justice lies in affirming the judgment.”
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