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Sladick v. Hudson General Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1996
226 A.D.2d 263 (N.Y. App. Div. 1996)

Summary

holding that "[p]laintiff failed to demonstrate by clear, unequivocal and convincing evidence that defendants' conduct was so wanton or reckless as to justify an award of punitive damages"

Summary of this case from Greenbaum v. Handelsbanken

Opinion

April 23, 1996

Appeal from the Supreme Court, New York County, Leland DeGrasse, J.


Considering the extensive evidence of defendant's pain and suffering arising from the amputation of his leg eight inches above the knee, the deterioration of parts of his surviving leg, his numerous operations, the consequential lifelong back pain that will result, the lifelong need to change his prosthesis on a regular basis and the need for constant adjustments and physical therapy, the loss of a formerly athletic lifestyle, and the 42 year life expectancy remaining, the award does not deviate materially from what would be reasonable compensation (CPLR 5501 [c]). This case is not comparable to those involving the unelaborated loss of a leg.

The record does not support defendants' claim that the jury had already incorporated a rate for inflation in considering the award for lost future earnings. The court's charge indicates that the jury utilized a work-life expectancy of 26.2 years, which, multiplied by plaintiff's last salary, approximates the verdict.

Since the debt which the annuity contract was intended to satisfy dates to the time of the verdict ( see, Rohring v. City of Niagara Falls, 84 N.Y.2d 60, 70), the "time of the award" stated in CPLR 5041 (e) must refer to the verdict rather than the judgment.

Plaintiff failed to demonstrate by clear, unequivocal and convincing evidence that defendants' conduct was so wanton or reckless as to justify an award of punitive damages ( see, Camillo v. Geer, 185 A.D.2d 192, 193-194; see also, Home Ins. Co. v. American Home Prods. Corp., 75 N.Y.2d 196, 201, 202-204).

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Tom, JJ.


Summaries of

Sladick v. Hudson General Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1996
226 A.D.2d 263 (N.Y. App. Div. 1996)

holding that "[p]laintiff failed to demonstrate by clear, unequivocal and convincing evidence that defendants' conduct was so wanton or reckless as to justify an award of punitive damages"

Summary of this case from Greenbaum v. Handelsbanken

upholding an award of $2.5 million for past pain and suffering and $5 million for future pain and suffering to a plaintiff requiring amputation eight inches above the knee and suffering deteriorating of the other leg

Summary of this case from Adebiyi v. Yankee Fiber Control, Inc.

providing that "[p]laintiff failed to demonstrate by clear, unequivocal and convincing evidence that defendants' conduct was so wanton or reckless as to justify an award of punitive damages"

Summary of this case from Greenbaum v. Handelsbanken

In Sladick, the Court cites Camillo for the proposition that entitlement to punitive damages must be established by clear and convincing evidence.

Summary of this case from Rose v. Brown Williamson

In Sladick v Hudson General Corporation, 226 AD2d 263, 641 NYS2d 270 [1st Dept., 1996], the plaintiff sustained an above the knee amputation.

Summary of this case from Firmes v. Chase Manhattan Auto. Fin. Corp.
Case details for

Sladick v. Hudson General Corp.

Case Details

Full title:JOSEPH SLADICK, Respondent-Appellant, v. HUDSON GENERAL CORPORATION et…

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

Date published: Apr 23, 1996

Citations

226 A.D.2d 263 (N.Y. App. Div. 1996)
641 N.Y.S.2d 270

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