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Kirby v. Turner Construction Company

Appellate Division of the Supreme Court of New York, First Department
Sep 18, 2001
286 A.D.2d 618 (N.Y. App. Div. 2001)

Summary

reducing a $ 700,000 jury award for loss of consortium to $ 300,000

Summary of this case from Grant v. City of Syracuse

Opinion

September 18, 2001.

Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered October 26, 2000, which, inter alia, following a jury verdict in plaintiffs' favor, granted defendant's motion for a new trial only to the extent of directing a new trial as to damages unless plaintiffs stipulated to certain reductions in the jury's awards for pain and suffering loss of services and future lost earnings, unanimously dismissed, without costs.

Scott N. Singer, for plaintiffs-respondents.

Steven J. Ahmuty, Jr., for defendant-appellant.

Before: Rubin, J.P., Saxe, Buckley, Friedman, Marlow, JJ.


A party's right to a direct appeal from an interlocutory order lapses upon the entry of a final judgment (Matter of Aho, 39 N.Y.2d 241, 248;Bingham v. Struve, 245 A.D.2d 154, lv denied 91 N.Y.2d 807). A final judgment was entered in this matter following the post-trial order from which defendant purports to appeal, and it is undisputed that defendant has not filed a timely notice of appeal from such judgment.

In any event, even if the appealed order were reviewable, we would find no merit to defendant's substantive contentions. The trial evidence showed that plaintiff sustained serious injuries to his hip, back and spine by reason of the construction site accident giving rise to this lawsuit. In view of the gravity of plaintiff's injuries, a total award of $2 million, as reduced by the trial court from $4 million, for past and future pain and suffering does not deviate materially from what would be reasonable compensation. The evidence demonstrated that plaintiff faces a lifetime of constant pain and severe physical limitations only partially relievable by future medical procedures such as spinal fusion surgery and hip replacement (see, Vasquez v. Chase Manhattan Bank, N.A., 266 A.D.2d 3;Cruz v. Manhattan Bronx Surface Tr. Operating Auth., 259 A.D.2d 432;Wyatt v. State of New York, 227 A.D.2d 283, lv dismissed in part and denied in part 89 N.Y.2d 1028). Finally, the awards for future economic loss and future medical expenses are amply supported by testimonial and/or documentary evidence, largely unrefuted, at trial.


Summaries of

Kirby v. Turner Construction Company

Appellate Division of the Supreme Court of New York, First Department
Sep 18, 2001
286 A.D.2d 618 (N.Y. App. Div. 2001)

reducing a $ 700,000 jury award for loss of consortium to $ 300,000

Summary of this case from Grant v. City of Syracuse

In Kirby v. Turner Constr. Co., 286 A.D.2d 618, 730 N.Y.S.2d 314 (1st Dep't 2001), the plaintiff, a 31-year-old foreman for the ironworkers' union, was injured when he fell approximately 20 feet while working at a construction site.

Summary of this case from Okraynets v. Metropolitan Transp. Authority
Case details for

Kirby v. Turner Construction Company

Case Details

Full title:STEVEN KIRBY, ET AL., PLAINTIFFS-RESPONDENTS, v. TURNER CONSTRUCTION…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 18, 2001

Citations

286 A.D.2d 618 (N.Y. App. Div. 2001)
730 N.Y.S.2d 314

Citing Cases

Reinoso v. N.Y.C. Transit Auth.

Finally, in Iovine v NYC, the plaintiff suffered permanent injuries to his hip and underwent hip replacement…

Okraynets v. Metropolitan Transp. Authority

In Kirby v. Turner Constr. Co., 286 A.D.2d 618, 730 N.Y.S.2d 314 (1st Dep't 2001), the plaintiff, a…