Summary
reducing an award of $600,000 to $450,000 for a 63-year-old woman employed as a home attendant who fractured four metatarsal bones, resulting in a permanent limp and the use of a cane
Summary of this case from Smith v. Crown Lift TrucksOpinion
March 28, 1996
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
The testimony of plaintiff and one of the eyewitnesses to the accident provided legally sufficient evidence for the finding that defendant was 100% responsible for the accident, and inconsistencies in plaintiff's testimony and conflicting testimony as to whether plaintiff looked both ways and had the traffic light in her favor before crossing the street do not render the verdict against the weight of the evidence ( see, Nicastro v Park, 113 A.D.2d 129, 132-137). The trial court properly refused to charge the emergency doctrine since defendant driver's own account of the accident failed to support that theory ( see, Aldrich v. Madison Taxi, 49 A.D.2d 1012; cf., Waugh v. Johns, 206 A.D.2d 525). The award, as reduced, does not deviate materially from what would be reasonable compensation (CPLR 5501 [c]).
Concur — Milonas, J.P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.