Britell v. Sloan's Supermarket, Inc.

Appellate Division of the Supreme Court of New York

Britell v. Sloan's Supermarket, Inc.

261 A.D.2d 130, 687 N.Y.S.2d 258

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 130 (Britell v. Sloan's Supermarket, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Britell v. Sloan's Supermarket, Inc., 261 A.D.2d 130, 687 N.Y.S.2d 258 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Raymond Cornelius, J.), entered April 21, 1998, insofar as appealed from, awarding plaintiff $125,355.30 for past medical expenses, $410,000 for past pain and suffering and $100,000 for future pain and suffering, unanimously affirmed, without costs.

Defendants’ claim that they were prejudiced by a summation comment urging a $400,000 award for past pain and suffering is without merit, since the comment, assuming it was improper (cf., Torrado v Lutheran Med. Ctr., 198 AD2d 346), was an isolated one that did not reflect the overall tenor of the summation (see, Schechtman v Lappin, 161 AD2d 118, 121). The $125,355.30 award for past medical expenses is supported by evidence sufficient to permit a finding that the first lSVa months of plaintiffs residency at the nursing home was attributable to the accident. The awards of $410,000 for past pain and suffering and of $100,000 for five years of future pain and suffering do not materially deviate from what is reasonable compensation under the circumstances (cf., Kornberg v City of New York, 224 AD2d 339, lv denied 88 NY2d 814; Osoria v Mario Equities, 255 AD2d 132). Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Raymond Cornelius, J.), entered April 21, 1998, insofar as appealed from, awarding plaintiff $125,355.30 for past medical expenses, $410,000 for past pain and suffering and $100,000 for future pain and suffering, unanimously affirmed, without costs.

Defendants’ claim that they were prejudiced by a summation comment urging a $400,000 award for past pain and suffering is without merit, since the comment, assuming it was improper (cf., Torrado v Lutheran Med. Ctr., 198 AD2d 346), was an isolated one that did not reflect the overall tenor of the summation (see, Schechtman v Lappin, 161 AD2d 118, 121). The $125,355.30 award for past medical expenses is supported by evidence sufficient to permit a finding that the first lSVa months of plaintiffs residency at the nursing home was attributable to the accident. The awards of $410,000 for past pain and suffering and of $100,000 for five years of future pain and suffering do not materially deviate from what is reasonable compensation under the circumstances (cf., Kornberg v City of New York, 224 AD2d 339, lv denied 88 NY2d 814; Osoria v Mario Equities, 255 AD2d 132). Concur — Tom, J. P., Wallach, Lerner and Rubin, JJ.

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Bluebook (online)

261 A.D.2d 130, 687 N.Y.S.2d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/britell-v-sloans-supermarket-inc-nyappdiv-1999.

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