Nolan v. Union College Trust of Schnectady

51 A.D.3d 1253, 858 N.Y.S.2d 427
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 15, 2008
StatusPublished
Cited by26 cases

This text of 51 A.D.3d 1253 (Nolan v. Union College Trust of Schnectady) 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
Nolan v. Union College Trust of Schnectady, 51 A.D.3d 1253, 858 N.Y.S.2d 427 (N.Y. Ct. App. 2008).

Opinion

Malone Jr., J.

Appeals (1) from an order of the Supreme Court (Lynch, J.), entered September 8, 2006 in Rensselaer County, which, among other things, denied defendant’s motion for a directed verdict, (2) from an order of said court, entered January 17, 2007 in Rensselaer County which, among other things, denied defendant’s application for an offset of the monetary award pursuant to CPLR 4545, and (3) from a judgment of said court, entered March 20, 2007 in Rensselaer County, upon a verdict rendered in favor of plaintiff.

On January 26, 2003 at approximately 1:00 a.m., plaintiff was injured while walking across the campus at Union College in Schenectady County, where she was a student, when she stepped into an uncovered manhole with her right leg. Initially, she sustained only scrapes and bruises to her leg that limited her physical activities in the weeks following the incident. Approximately three weeks later, however, she began to experience pain and swelling in her leg and went to the emergency room for treatment. She was hospitalized and diagnosed with blood clots in both legs, a condition known as deep vein thrombosis (hereinafter DVT). Previously, in June 2001, plaintiff had suffered from a similar condition related to her polycystic ovarian syndrome, for which she was taking estrogen, when she developed DVT in her legs and a blood clot moved from there to her lungs resulting in a pulmonary embolism and necessitating the placement of a filter in her interior vena cava. After plaintiff was discharged from the hospital following the recurrence of her DVT, she was prescribed blood thinning medication and placed under certain medical restrictions.

In May 2003, plaintiff commenced this negligence action against defendant. Defendant conceded liability and a trial was subsequently held solely on the issues of causation and damages. At the conclusion of the brief trial, the jury found that defendant’s negligence caused plaintiffs injuries and it awarded her $300,000 for past pain and suffering, $7.5 million for future pain and suffering and $8 million for future medical expenses. Defendant thereafter moved, among other things, to set aside the verdict as against the weight of the evidence and as excessive, and for a new trial. Supreme Court denied defendant’s motion, but ruled that a new trial would be ordered with respect to damages unless plaintiff stipulated to a reduction of the award for future pain and suffering to $1.5 million and of the award [1255]*1255for future medical expenses to $3.36 million, subject to structuring under CPLR article 50-B and a collateral source hearing pursuant to CPLR 4545. Plaintiff stipulated to the reduction of damages and defendant appeals from Supreme Court’s order with respect thereto.

Following a hearing pursuant to CPLR 4545, Supreme Court denied defendant’s request for a collateral source offset and ruled that the structured settlement should be adjusted by reducing the award for future medical expenses by $50,000. Defendant also appeals from this order. Plaintiff and defendant ultimately agreed to the structured judgment computation made by plaintiffs economist pursuant to CPLR article 50-B. Supreme Court entered a judgment in accordance therewith. Defendant appeals from the judgment as well.

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Bluebook (online)
51 A.D.3d 1253, 858 N.Y.S.2d 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nolan-v-union-college-trust-of-schnectady-nyappdiv-2008.