ANDINO v. MILLS (App Div. 1st Dep’t)

Plaintiff sustained a brain injury from a motor vehicle accident which left her with permanent cognitive impairment, recurring headaches, and knee injuries.  A jury verdict for the plaintiff awarded $2.4 million for future lost earnings, $2.5 million for future lost pension benefits, $2.1 million for future medical expenses, and $23 million for future pain and suffering.

The Appellate Division affirmed the Trial Court’s decision to deny defendant’s motion to (1) reduce the future lost earnings award with the plaintiff’s accidental disability pension, and (2) reduce the medical expenses award with the health insurance plan provided as part of her disability retirement.  However, the $23 million future pain and suffering award was deemed excessive and the future lost pension benefits award should have been offset entirely by the disability pension receipts.