From Casetext: Smarter Legal Research

Picon v. Moore

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 2005
15 A.D.3d 188 (N.Y. App. Div. 2005)

Opinion

5260

February 3, 2005.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered October 10, 2003, which denied defendants' motion for an order of judgment notwithstanding the jury's verdict, or for a mistrial, unanimously affirmed, without costs.

Before: Saxe, J.P., Friedman, Marlow, Sullivan and Williams, JJ., concur.


Plaintiff was awarded $50,000 for past pain and suffering and $218,000 for future pain and suffering as a result of injuries sustained when his car was rear-ended by defendants' truck. Contrary to defendants' contention, the jury's finding that plaintiff suffered a serious injury (Insurance Law § 5102 [d]) was supported by sufficient evidence and was not against the weight of the evidence. Plaintiff's experts measured the quantitative loss of range of motion in plaintiff's neck. Based on qualitative assessment, x-rays and an MRI ( Toure v. Avis Rent A Car Sys., 98 NY2d 345), the experts also determined that the injuries resulted from the instant accident, and were permanent. As the only evidence of the accident was plaintiff's own testimony, the trial court's refusal to submit a special verdict sheet to the jury was not improper because there was no basis upon which the jury could have made a finding of comparative fault ( see Willis v. Young Men's Christian Assn., 28 NY2d 375, 377-378). In light of the substantial reduction in range of motion suffered by plaintiff, even four years after the accident, as well as the five herniations, it cannot be said that the damage award deviated materially from reasonable compensation under the circumstances ( compare Adams v. Romero, 227 AD2d 292).

Defendants expressly waived the inadvertent submission of an unadmitted police report to the jury during the first 10 minutes of its deliberations, in return for a curative instruction by the court. Indeed, the record shows that defendants expressly refused the trial court's offer of a mistrial in return for the curative instruction.


Summaries of

Picon v. Moore

Appellate Division of the Supreme Court of New York, First Department
Feb 3, 2005
15 A.D.3d 188 (N.Y. App. Div. 2005)
Case details for

Picon v. Moore

Case Details

Full title:VICTOR PICON, Respondent, v. JAMES ISAIAH MOORE, JR., et al., Appellants

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

Date published: Feb 3, 2005

Citations

15 A.D.3d 188 (N.Y. App. Div. 2005)
789 N.Y.S.2d 130

Citing Cases

Obdulio v. Fabian

We reach the issue of the erroneous charge in the exercise of discretion and allow an award for future pain…

Newark v. Pimentel

urt did not commit reversible error in allowing Pimentel's defense counsel to read under four pages of Wong's…