Algerio v. Caribbean Air Conditioning

Summary

The New York Appellate Division, Second Department, reviewed an order denying the plaintiffs’ motion to set aside inadequate jury awards for personal-injury damages. The court held that the award for past pain and suffering materially deviated from reasonable compensation and ordered a new trial on that issue unless the defendants stipulated to increase the award from $50,000 to $200,000; it upheld the awards for future pain and suffering and loss of services.

Holdings

1. The verdict denying damages for future pain and suffering was supported by a fair interpretation of the evidence and was not contrary to the weight of the evidence.
2. The $50,000 award for past pain and suffering was inadequate because it materially deviated from reasonable compensation in light of the nature and extent of the injured plaintiff's left-knee injury.
3. The challenge based on alleged inconsistency in the verdict was unpreserved because the plaintiffs did not raise the issue in the trial court before the jury was discharged.

Questions Presented

1. Whether the jury's verdict denying damages for future pain and suffering was contrary to the weight of the evidence.
2. Whether the $50,000 award for past pain and suffering was inadequate under CPLR 5501(c).
3. Whether the damages verdict was inconsistent and therefore required appellate relief despite the plaintiffs' failure to raise that issue before the jury was discharged.
4. Whether the plaintiffs' remaining challenge to the verdict had merit.

Disposition

reversed_and_remanded