From Casetext: Smarter Legal Research

Rodd v. Luxfer USA Ltd.

Appellate Division of the Supreme Court of New York, Second Department
May 22, 2000
272 A.D.2d 535 (N.Y. App. Div. 2000)

Summary

upholding $300,000 award where decedent "suffered severe and massive injuries" from an explosion but "any period of consciousness was limited in duration"

Summary of this case from Dershowitz v. United States

Opinion

Submitted November 10, 1999.

May 22, 2000.

In an action to recover damages for personal injuries and wrongful death, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated December 29, 1998, which, upon a jury verdict finding, inter alia, the defendant Southside Fire and Safety Equipment Distributors 38% at fault, the third-party defendant Coram Fire District 34% at fault, and the plaintiff's decedent 7% at fault in the happening of the accident, and awarding, inter alia, damages in the sum of $1,000,000 for pain and suffering, granted the separate motions of the defendant Southshore Fire and Safety Equipment Distributors, Inc. and the third-party defendant Coram Fire District pursuant to CPLR 4404 to set aside the verdict as to damages for conscious pain and suffering, and granted a new trial on that issue only unless the plaintiff stipulated to reduce the verdict as to damages for conscious pain and suffering from $1,000,000 to $300,000.

Weiser Associates, P.C., New York, N.Y. (Martin J. Weiser and Mary Walsh of counsel), for appellant.

Ahmuty, Demers McManus, Albertson, N.Y. (Fredrick B. Simpson and Brendan T. Fitzpatrick of counsel), for defendant-respondent.

Kornfeld, Rew, Newman Ellsworth, Suffern, N.Y. (Frank T. Simeone of counsel), for third-party defendant-respondent.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs.

The plaintiff's decedent sustained a wound to the left side of his chest when an oxygen tank which he was refilling exploded. Upon his admission to the hospital no more than 30 minutes after he sustained his injury, the decedent's level of consciousness was listed as "unresponsive". According to hospital records, he remained unresponsive until he expired approximately four hours after the accident.

Although the decedent suffered severe and massive injuries, any period of consciousness was limited in duration. The amount of damages awarded by the jury deviated materially from what would otherwise be reasonable compensation (see, CPLR 5501[c]; Donofrio v. Montalbano, 240 A.D.2d 617; Portaro v. Gerber, 217 A.D.2d 539).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.


Summaries of

Rodd v. Luxfer USA Ltd.

Appellate Division of the Supreme Court of New York, Second Department
May 22, 2000
272 A.D.2d 535 (N.Y. App. Div. 2000)

upholding $300,000 award where decedent "suffered severe and massive injuries" from an explosion but "any period of consciousness was limited in duration"

Summary of this case from Dershowitz v. United States

reducing $1,000,000 award to $300,000

Summary of this case from Campbell v. Diguglielmo
Case details for

Rodd v. Luxfer USA Ltd.

Case Details

Full title:BRENDA LEE GILMAN RODD, ETC., APPELLANT, v. LUXFER USA LIMITED, DEFENDANT…

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

Date published: May 22, 2000

Citations

272 A.D.2d 535 (N.Y. App. Div. 2000)
709 N.Y.S.2d 93

Citing Cases

Susan Glaser v. County of

The plaintiffs medical expert testified that the decedent was conscious for approximately two to three…

Sinkov v. Americor, Inc.

Here, based on the facts of the present case and on a review of pain and suffering awards in other cases, we…