Melnick v. Chase

Summary

The New York Appellate Division, Fourth Department, held that the jury's award of no damages for past pain and suffering was against the weight of the evidence and ordered a new trial limited to that element of damages. The court declined to disturb the $20,000 award for future pain and suffering and found the plaintiff's challenge to the verdict as inconsistent unpreserved.

Holdings

1. Plaintiff failed to preserve for appellate review his contention that the verdict was inconsistent because he did not raise the contention before the jury was discharged.
2. The jury's failure to award any damages for past pain and suffering was against the weight of the evidence, requiring a new trial limited to that element of damages.
3. The $20,000 award for future pain and suffering was not against the weight of the evidence and should not be disturbed.

Questions Presented

1. Whether plaintiff preserved his contention that the jury verdict was inconsistent by raising it before the jury was discharged.
2. Whether the jury's failure to award damages for past pain and suffering was against the weight of the evidence.
3. Whether the jury's award of $20,000 for future pain and suffering was against the weight of the evidence.

Disposition

reversed_and_remanded