Summary
The Appellate Division, Second Department, dismissed the appeal from an interlocutory order because the right of direct appeal terminated upon entry of judgment, and affirmed the judgment awarding the plaintiff $6,587,482.27. The court held that the evidence supported the liability verdict and that the awards for past and future pain and suffering and future medical expenses did not materially deviate from reasonable compensation.
Topics
Practice areas
Questions Presented
- Whether the appeal from the order denying defendants' post-verdict motion should be dismissed because entry of judgment terminated the right of direct appeal from the order.
- Whether the trial court erred by declining to charge Vehicle and Traffic Law § 1152.
- Whether the jury's finding that Deflorio was not negligent was contrary to the weight of the evidence.
- Whether the jury's awards for past pain and suffering, future pain and suffering, and future medical expenses deviated materially from reasonable compensation.
Holdings
- The appeal from the order entered March 19, 2021, was dismissed because the right of direct appeal from the order terminated upon entry of the judgment.
- The Supreme Court did not err in declining to give the requested Vehicle and Traffic Law § 1152 charge because the evidence established that Deflorio was in an unmarked crosswalk when the accident occurred.
- The jury's determination that Deflorio was not negligent was supported by a fair interpretation of the evidence and was not contrary to the weight of the evidence.
- The awards for past pain and suffering, future pain and suffering, and future medical expenses did not deviate materially from what would be reasonable compensation.
Key quotations
“A jury verdict should not be set aside as contrary to the weight of the evidence unless the jury could not have reached the verdict by any fair interpretation of the evidence” ([*1])
“The amount of damages to be awarded to a plaintiff for personal injuries is a question for the jury, and its determination will not be disturbed unless the award deviates materially from what would be reasonable compensation” ([*2])
“Although prior damage awards in cases involving similar injuries are not binding upon the courts, they guide and enlighten them with respect to determining whether a verdict in a given case constitutes reasonable compensation” ([*2])
Factual background
Susan N. Deflorio was crossing a street at an intersection in Mineola when she was struck by a Nassau County police vehicle operated by Andrew Martone. Her left ankle was crushed under the vehicle's wheel. A jury found the County 100% liable and awarded, among other damages, $1,000,000 for past pain and suffering, $2,250,000 for future pain and suffering, and $700,000 for future medical expenses.
Procedural history
After a jury found Nassau County 100% liable for injuries sustained when a County police vehicle struck Deflorio in an unmarked crosswalk, a second jury awarded damages, including awards for past and future pain and suffering and future medical expenses. The Supreme Court, Nassau County, denied defendants' post-verdict motion and entered judgment for Deflorio in the total amount of $6,587,482.27. The Appellate Division dismissed the appeal from the interlocutory order because the right to direct appeal terminated upon entry of judgment and affirmed the judgment.