In Filipinas v. Action Auto Licensing , Sergio Solana suffered skull fractures, a subdural hematoma, subarachnoid hemorrhaging, and later died from his injuries, after being hit by the side-view mirror of a truck owned by Action Auto Licensing.
After a jury trial, Solana's Estate was awarded $750,000. Believing that sum was excessive, the New York County Supreme Court ordered the Estate to accept $350,000 for Solana's "limited" pain and suffering or undergo another trial. An appeal to the Appellate Division, First Department, ensued.
Since the Supreme Court based its determination on the amount of time Solana had suffered, rather than on whether or not the verdict deviated materially from what was reasonable compensation under the circumstances, the AD1 reversed and awarded the Estate the full $750,000.
Time wasn't of the essence here.
For a copy of the Appellate Division's decision, please use this link: Filipinas v. Action Auto Licensing