Opinion
January 22, 1998
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
We agree with the trial court that plaintiff's testimony of non-union jobs without supporting documentation failed to establish loss of any actual past earnings ( see, Poturniak v. Rupcic, 232 A.D.2d 541), but disagree that his proof of union jobs, which included documentation of the wages received by union workers at his pay scale, and of employment in the period immediately preceding the accident ( see, Grinnell v. City of New York, 244 A.D.2d 171), was similarly deficient. Concerning past lost wages, plaintiff's 891.5 hours over 50 months averages to 214 hours a year, or 107 hours per six-month pay schedule pursuant to the wage chart. Multiplying 107 hours by each of the respective hourly wages for fourth-year apprentices, and adding three extra months at the highest rate for July-September 1996, results in $15,213.42, which reduced by plaintiff's 15% liability results in $12,931.41. Concerning future lost wages, at the most recent wage submitted, for 1996, 214 hours a year at $22.79 an hour results in $4,877.06 a year, or a total of $112,172.38 for 23 years, which reduced by 15% results in $95,346.52. The awards for past and future pain and suffering were properly upheld, as subsequent medical malpractice was a foreseeable consequence of defendant's negligence in not clearing debris off the stairwell on which plaintiff fell ( see, Glaser v. Fortunoff Westbury Corp., 71 N.Y.2d 643, 647).
Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.