Piehnik v. Graff

158 A.D.2d 863 (1990)

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Nature of the Case

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Facts

Graff (D) was backing out of a parking lot when she hit P, who was walking by at the time. P maintained that the multiple psychological and physical injuries, including a herniated disc, he suffered as a result of the accident left him totally disabled. P decided to not undergo a laminectomy to alleviate his chronic pain. P chose not to have the surgery because he faced only a 50% chance of showing any improvement, a 25% chance of the condition worsening and the risk of paralysis. This was confirmed by expert testimony. P got the verdict for $35,000 for damages incurred up to the date of the jury's verdict, $25,000 of which was for lost earnings and $10,000 for pain and suffering. P got no compensation for future loss of earnings, impairment of earning ability and future pain and suffering, including the permanent effect of P's injuries. Supreme Court denied P's motion to set aside the verdict as grossly inadequate. P appealed.