Fredericks v. Gentile

Appellate Division of the Supreme Court of New York

Fredericks v. Gentile

180 A.D.2d 446

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1992·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, Bronx County (Howard R. Silver, J., and a jury), entered February 26, 1991, in favor of plaintiff and against defendant Gentile in the amount of $177,049.65, inclusive of interest from the date of verdict, unanimously affirmed, with costs .

In view of the medical evidence showing that plaintiff, a pedestrian, sustained a fractured rib and a one-inch laceration, which resulted in a keloidal scar, when struck by the vehicle operated by defendant-appellant, the court did not err in refusing to charge the no fault threshold of "serious injury” as defined by Insurance Law § 5102 (d). Defense counsel, during summation, conceded that plaintiff’s injuries were "serious enough to qualify under the law for [the jury] to make an award”.

The jury’s award of $75,000 and $100,000 for past and future pain and suffering, respectively, does not deviate materially from what would be reasonable compensation (CPLR 5501 [c]). Concur—Carro, J. P., Milonas, Rosenberger and Asch, JJ.

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Judgment, Supreme Court, Bronx County (Howard R. Silver, J., and a jury), entered February 26, 1991, in favor of plaintiff and against defendant Gentile in the amount of $177,049.65, inclusive of interest from the date of verdict, unanimously affirmed, with costs .

In view of the medical evidence showing that plaintiff, a pedestrian, sustained a fractured rib and a one-inch laceration, which resulted in a keloidal scar, when struck by the vehicle operated by defendant-appellant, the court did not err in refusing to charge the no fault threshold of "serious injury” as defined by Insurance Law § 5102 (d). Defense counsel, during summation, conceded that plaintiff’s injuries were "serious enough to qualify under the law for [the jury] to make an award”.

The jury’s award of $75,000 and $100,000 for past and future pain and suffering, respectively, does not deviate materially from what would be reasonable compensation (CPLR 5501 [c]). Concur—Carro, J. P., Milonas, Rosenberger and Asch, JJ.

Fredericks v. Gentile, 180 A.D.2d 446 (N.Y. Ct. App. 1992).

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Opinion

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