Summary
This Appellate Division, Second Department decision reviews a Supreme Court order that granted defendants' motions to set aside a jury verdict on damages as excessive in a personal injury action. The appellate court reversed the lower court's order, holding that the jury's awards for past and future pain and suffering and future medical expenses did not materially deviate from reasonable compensation given the nature and extent of the plaintiff's injuries. Consequently, the court denied the motions to reduce the verdict or order a new trial.
Topics
Practice areas
Questions Presented
- Whether the jury's awards for past pain and suffering, future pain and suffering, and future medical expenses were excessive and should be set aside under CPLR 4404(a).
Holdings
- The jury's awards were appropriate and did not deviate materially from reasonable compensation; the motions to set aside the verdict were denied.
Key quotations
“A jury's determination with respect to awards for past and future pain and suffering will not be set aside unless the award deviates materially from what would be reasonable compensation” (at 658)
“The 'reasonableness' of compensation must be measured against relevant precedent of comparable cases” (at 741)
Factual background
While performing demolition work on a beam, a heating, ventilation, and air‑conditioning duct fell on the plaintiff, causing him to fall 15‑20 feet. He sustained a fractured rib, a fractured femur requiring open reduction internal fixation, subsequent removal of a screw, arthroscopic surgery on both knees, a laminotomy, and developed chronic pain, limited hip and knee motion, and arthritis.
Procedural history
The plaintiff was awarded damages for past and future pain and suffering and future medical expenses. The defendants moved under CPLR 4404(a) to set aside the awards as excessive. The trial court ordered a new trial unless the plaintiff stipulated to reduced amounts. The plaintiff appealed the order.