Paolucci v. Shusta

Appellate Division of the Supreme Court of New York

Paolucci v. Shusta

250 A.D.2d 497, 671 N.Y.S.2d 975, 1998 N.Y. App. Div. LEXIS 5845

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

DecidedMay 21, 1998

StatusPublished

This text of 250 A.D.2d 497 (Paolucci v. Shusta) 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

Paolucci v. Shusta, 250 A.D.2d 497, 671 N.Y.S.2d 975, 1998 N.Y. App. Div. LEXIS 5845 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Kenneth Thompson, Jr., J., and a jury), entered May 7, 1997, awarding plaintiff the principal amounts of $100,000 for past pain and suffering, $400,000 for future pain and suffering and $14,651.09 for lost earnings, upon plaintiff’s stipulation in lieu of a new trial to reduce the jury awards for these items from $150,000, $1,050,000 and $27,300, respectively, unanimously affirmed, without costs.

The jury’s determination that plaintiff, as a result of the accident, suffered a permanent loss of use of a body organ, member, function or system, is supported by a fair interpretation of the evidence (Nicastro v Park, 113 AD2d 129, 136-137). We find that the record supports the damage award to plaintiff, as reduced by the trial court. We have considered defendants’ remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.

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—Judgment, Supreme Court, Bronx County (Kenneth Thompson, Jr., J., and a jury), entered May 7, 1997, awarding plaintiff the principal amounts of $100,000 for past pain and suffering, $400,000 for future pain and suffering and $14,651.09 for lost earnings, upon plaintiff’s stipulation in lieu of a new trial to reduce the jury awards for these items from $150,000, $1,050,000 and $27,300, respectively, unanimously affirmed, without costs.

The jury’s determination that plaintiff, as a result of the accident, suffered a permanent loss of use of a body organ, member, function or system, is supported by a fair interpretation of the evidence (Nicastro v Park, 113 AD2d 129, 136-137). We find that the record supports the damage award to plaintiff, as reduced by the trial court. We have considered defendants’ remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.

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Bluebook (online)

250 A.D.2d 497, 671 N.Y.S.2d 975, 1998 N.Y. App. Div. LEXIS 5845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paolucci-v-shusta-nyappdiv-1998.

Opinion

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