Opinion
2002-01795
Argued December 10, 2002
May 5, 2003.
In an action to recover damages for personal injuries, etc., the defendant Wal-Mart Stores, Inc., appeals from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), entered February 13, 2002, which, upon a jury verdict finding it 100% at fault in the happening of the accident and awarding the plaintiff Florence Calo the principal sums of $115,000 for past pain and suffering and $60,000 for future pain and suffering, and awarding the plaintiff Florence Calo, as Administratrix of the estate of Alfred Calo, the principal sum of $5,500 on the derivative cause of action, is in favor of the plaintiffs and against it.
Brody, O'Connor O'Connor, Northport, N.Y. (Patricia A. O'Connor and Thomas M. O'Connor of counsel), for appellant.
Bass Rubinowitz (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondents.
Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The 78-year-old plaintiff Florence Calo (hereinafter the plaintiff) sustained various injuries after she tripped and fell on a pothole located in a parking lot owned by the defendant Wal-Mart Stores, Inc. (hereinafter Wal-Mart). Contrary to Wal-Mart's contention, the evidence adduced at the trial was legally sufficient to support the jury verdict as to liability and as to damages (see Cohen v. Hallmark Cards, 45 N.Y.2d 493, cf. Trincere v. County of Suffolk, 90 N.Y.2d 976). Further, the jury determination that Wal-Mart's negligence was the sole proximate cause of the plaintiff's injuries was not against the weight of the evidence (see Nicastro v. Park, 113 A.D.2d 129), and the damage awards were not excessive (see CPLR 5501[c]).
Wal-Mart's remaining contentions are without merit.
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.