From Casetext: Smarter Legal Research

Filipinas v. Action Auto

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 2008
48 A.D.3d 333 (N.Y. App. Div. 2008)

Summary

upholding $750,000 award where decedent was struck in head by a minivan's side mirror, sustained serious head injuries, but "was heavily medicated and/or sedated" within an hour of the accident

Summary of this case from Dershowitz v. United States

Opinion

No. 2881.

February 26, 2008.

Order, Supreme Court, New York County (Martin Shulman, J.), entered May 17, 2007, which, in this wrongful death action, granted defendants' motion to set aside the verdict and directed a new trial on the issue of damages unless plaintiff stipulated to a reduction in the award for conscious pain and suffering from $750,000, to $350,000, unanimously reversed, on the facts, without costs, the motion denied and the verdict reinstated.

McMahon, McCarthy Verrelli, Bronx (Matthew J. McMahon of counsel), for appellants.

Murphy Higgins, LLP, New Rochelle (Richard S. Kaye of counsel), for respondents.

Before: Lippman, P.J., Tom, Nardelli, Catterson and Moskowitz, JJ.


The trial evidence established that within an hour of the accident, Plaintiffs decedent was heavily medicated and/or sedated, justifying the trial court's reasoning that the decedent endured pain and suffering for a limited amount of time. However, contrary to the court's determination, the award for conscious pain and suffering did not deviate materially from what is reasonable compensation, where, as a result of being struck in the head by the side mirror of defendants' van, Plaintiffs decedent sustained fractures of the left orbit and right temporal bone, a subdural hematoma and subarachnoid hemorrhaging ( see Twersky v Busche, 37 AD3d 704; Ramos v La Montana Moving Stor., 247 AD2d 333 [1998]).

[See 2007 NY Slip Op 31245(U).]


Summaries of

Filipinas v. Action Auto

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 2008
48 A.D.3d 333 (N.Y. App. Div. 2008)

upholding $750,000 award where decedent was struck in head by a minivan's side mirror, sustained serious head injuries, but "was heavily medicated and/or sedated" within an hour of the accident

Summary of this case from Dershowitz v. United States
Case details for

Filipinas v. Action Auto

Case Details

Full title:AURELINA FILIPINAS, as Administratrix of the Estate of SERGIO SOLANA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 26, 2008

Citations

48 A.D.3d 333 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1619
851 N.Y.S.2d 550

Citing Cases

Velez v. Roy

The decedent died a short while after being struck by defendants' vehicle. The jury's finding that the…

Sinkov v. Americor, Inc.

Here, based on the facts of the present case and on a review of pain and suffering awards in other cases, we…