Hughes v. Peters

Appellate Division of the Supreme Court of New York

Hughes v. Peters

167 A.D.2d 687, 563 N.Y.S.2d 269, 1990 N.Y. App. Div. LEXIS 13613

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

DecidedNovember 15, 1990

StatusPublished

Cited by1 cases

This text of 167 A.D.2d 687 (Hughes v. Peters) 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

Hughes v. Peters, 167 A.D.2d 687, 563 N.Y.S.2d 269, 1990 N.Y. App. Div. LEXIS 13613 (N.Y. Ct. App. 1990).

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Opinion

Appeal from an order of the Supreme Court (Cheeseman, J.), entered November 9, 1989 in Albany County, which granted plaintiffs’ motion to set aside a verdict rendered in favor of plaintiffs, and granted a new trial unless defendant stipulates to an increased verdict.

The injuries of plaintiff James P. Hughes included a chronic posterior cervical problem, diagnosed in part as L-5 radiculopathy. He incurred protracted pain and partial disability, and wore cervical collars and a back brace for approximately four years. Under these circumstances the award of $6,500 for pain and suffering was inadequate and Supreme Court’s exercise of its discretionary power to set aside the verdict and order a new trial in the interest of justice unless defendant agreed to increase the award to $16,500 was in all respects proper (see, Pitts v Columbus McKinnon Corp., 75 AD2d 1002; cf., Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138).

Order affirmed, with costs. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Appeal from an order of the Supreme Court (Cheeseman, J.), entered November 9, 1989 in Albany County, which granted plaintiffs’ motion to set aside a verdict rendered in favor of plaintiffs, and granted a new trial unless defendant stipulates to an increased verdict.

The injuries of plaintiff James P. Hughes included a chronic posterior cervical problem, diagnosed in part as L-5 radiculopathy. He incurred protracted pain and partial disability, and wore cervical collars and a back brace for approximately four years. Under these circumstances the award of $6,500 for pain and suffering was inadequate and Supreme Court’s exercise of its discretionary power to set aside the verdict and order a new trial in the interest of justice unless defendant agreed to increase the award to $16,500 was in all respects proper (see, Pitts v Columbus McKinnon Corp., 75 AD2d 1002; cf., Juiditta v Bethlehem Steel Corp., 75 AD2d 126, 138).

Order affirmed, with costs. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Bluebook (online)

167 A.D.2d 687, 563 N.Y.S.2d 269, 1990 N.Y. App. Div. LEXIS 13613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-peters-nyappdiv-1990.

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