I’m not one to report on appeals where the Appellate Division sets aside a damages award, but Hoehmann v. Siebkin caught my eye.  The Second Department held that $750,000 for conscious pain and suffering was excessive and set aside the award; the Court ordered a new trial on damages unless the plaintiff stipulated to a damages award of $525,000.

In this case, the decedent complained of abdominal pain and his physician ordered a consultation by two gastroenterologists. However, the decedent developed pancolitis, an inflammation of the entire colon, and megacolon, a massive distension of the colon. The megacolon led to systemic toxicity and multiple organ failure, resulting in his death in April 2000.  The Court held that the $725,000  award for pain and suffering   deviates materially from what would be considered reasonable compensation and is excessive to the extent indicated.

What do you thing the yardstick is for this $225,000 reduction?