Wynn v. Ricotta

Appellate Division of the Supreme Court of New York

Wynn v. Ricotta

101 A.D.2d 695, 476 N.Y.S.2d 36, 1984 N.Y. App. Div. LEXIS 18250

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

DecidedApril 12, 1984

StatusPublished

This text of 101 A.D.2d 695 (Wynn v. Ricotta) 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

Wynn v. Ricotta, 101 A.D.2d 695, 476 N.Y.S.2d 36, 1984 N.Y. App. Div. LEXIS 18250 (N.Y. Ct. App. 1984).

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Opinion

— Judgment, insofar as it awards plaintiff Lynda Wynn the sum of $740,000 for damages for pain and suffering and permanent injuries, unanimously [696]*696reversed, on the facts, and new trial granted on the issue of such damages only, unless plaintiff Lynda Wynn shall, within 20 days of service of a copy of the order herein with notice of entry, stipulate to reduce the award for pain and suffering and permanent injuries to $450,000, in which case the judgment is modified accordingly and, as modified, affirmed, without costs. Memorandum: In this medical malpractice action, the jury awarded plaintiff Lynda Wynn, in addition to amounts for her lost wages and impairment of earning capacity, the sum of $740,000 as damages for her pain and suffering and permanent injuries resulting from a surgical pack negligently left in her abdominal cavity following an operation. We determine the amount of $740,000 to be excessive to the extent that it exceeds $450,000. (Appeal from judgment of Supreme Court, Erie County, Bayger, J. — medical malpractice.) Present — Dillon, P. J., Denman, Boomer, O’Donnell and Schnepp, JJ.

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— Judgment, insofar as it awards plaintiff Lynda Wynn the sum of $740,000 for damages for pain and suffering and permanent injuries, unanimously [696]*696reversed, on the facts, and new trial granted on the issue of such damages only, unless plaintiff Lynda Wynn shall, within 20 days of service of a copy of the order herein with notice of entry, stipulate to reduce the award for pain and suffering and permanent injuries to $450,000, in which case the judgment is modified accordingly and, as modified, affirmed, without costs. Memorandum: In this medical malpractice action, the jury awarded plaintiff Lynda Wynn, in addition to amounts for her lost wages and impairment of earning capacity, the sum of $740,000 as damages for her pain and suffering and permanent injuries resulting from a surgical pack negligently left in her abdominal cavity following an operation. We determine the amount of $740,000 to be excessive to the extent that it exceeds $450,000. (Appeal from judgment of Supreme Court, Erie County, Bayger, J. — medical malpractice.) Present — Dillon, P. J., Denman, Boomer, O’Donnell and Schnepp, JJ.

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Bluebook (online)

101 A.D.2d 695, 476 N.Y.S.2d 36, 1984 N.Y. App. Div. LEXIS 18250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wynn-v-ricotta-nyappdiv-1984.