Award reduced in woman’s suit against college

A woman who won a lawsuit against Union College after stepping in an open manhole while walking across campus saw her damage award reduced further Thursday on an appeal.

The Appellate Division of the state Supreme Court slashed an award for future pain and suffering to $450,000, from the previous $1.5 million. Her total award now stands at $4.1 million.

Mary Anne Nolan, 26, of Rensselaer, must either agree to that number or the issue goes back for another trial, the court ruled.

Nolan, a Union senior at the time of the accident, stepped into the manhole at about 1 a.m. Jan. 26, 2003. The cover had been displaced by a snowplow and not replaced. She fell in up to her hip, injuring her right leg.

She now suffers from blood clots in her legs and needs anti-coagulant injections, and anticipates the need for this for life.

She sued in Rensselaer County and in 2006 won an award that initially totaled $15.8 million.

That figure was later reduced to $5.16 million. Thursday’s ruling cuts it further to about $4.1 million.

The Appellate Division found the future pain and suffering award of $1.5 million was out of line with other cases with similar awards.

She testified at trial that the only limitations she had were she couldn’t walk long distances or sit for extended periods of time. A doctor also testified she was to avoid potentially traumatic activities and it would be risky for her to become pregnant.

The court cited other cases that ended with similar awards. In those cases, the plaintiffs had far more debilitating injuries.

“Without diminishing the unpleasantness of plaintiff’s ordeal, we find under the circumstances presented that the $1.5 million awarded for future pain and suffering materially deviates from what would be reasonable compensation,” the court ruled.

The court let stand the $3.36 million awarded for future medical expenses, saying the college did not present evidence to rebut trial testimony.

Nolan was represented by attorney Peter Moschetti. He could not be reached for comment on Thursday.

A spokesman for Union College declined to comment saying they had yet to review the ruling.

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