Silver v. Tops Markets, Inc.

Appellate Division of the Supreme Court of New York

Silver v. Tops Markets, Inc.

273 A.D.2d 887, 710 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 6945

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

DecidedJune 16, 2000

StatusPublished

Cited by2 cases

This text of 273 A.D.2d 887 (Silver v. Tops Markets, 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

Silver v. Tops Markets, Inc., 273 A.D.2d 887, 710 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 6945 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment unanimously reversed on the law with costs and new trial granted on damages only. Memorandum: Plaintiff commenced this action seeking damages for injuries sustained to her head and neck as a result of being struck by a falling sign at defendant’s store. Following trial, the jury found defendant negligent and awarded plaintiff damages in the amount of $250 for past pain and suffering and no damages for future pain and suffering, past and future lost earnings, and past medical expenses.

Considering the ample and virtually uncontroverted evidence adduced by plaintiff with respect to damages, we conclude that the award of only $250 for past pain and suffering and the failure to award any damages for future pain and suffering, past and future lost earnings, and past medical expenses is contrary to a fair interpretation of the evidence and deviates materially from what would be reasonable compensation (see, CPLR 5501 [c]; Simmons v Dendis Constr., 270 AD2d 919; Quigley v Sikora, 269 AD2d 812; Kriesel v May Dept. Stores Co., 261 AD2d 837; Restey v Higgins, 252 AD2d 954, 955; Kennett v Piotrowski, 234 AD2d 983, 984). We therefore reverse the judgment and grant a new trial on the issue of damages [888]*888only. (Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — Negligence.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ.

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Judgment unanimously reversed on the law with costs and new trial granted on damages only. Memorandum: Plaintiff commenced this action seeking damages for injuries sustained to her head and neck as a result of being struck by a falling sign at defendant’s store. Following trial, the jury found defendant negligent and awarded plaintiff damages in the amount of $250 for past pain and suffering and no damages for future pain and suffering, past and future lost earnings, and past medical expenses.

Considering the ample and virtually uncontroverted evidence adduced by plaintiff with respect to damages, we conclude that the award of only $250 for past pain and suffering and the failure to award any damages for future pain and suffering, past and future lost earnings, and past medical expenses is contrary to a fair interpretation of the evidence and deviates materially from what would be reasonable compensation (see, CPLR 5501 [c]; Simmons v Dendis Constr., 270 AD2d 919; Quigley v Sikora, 269 AD2d 812; Kriesel v May Dept. Stores Co., 261 AD2d 837; Restey v Higgins, 252 AD2d 954, 955; Kennett v Piotrowski, 234 AD2d 983, 984). We therefore reverse the judgment and grant a new trial on the issue of damages [888]*888only. (Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — Negligence.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ.

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Bluebook (online)

273 A.D.2d 887, 710 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 6945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-tops-markets-inc-nyappdiv-2000.

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