ERIC BERRIOS, plf-ap, v. 735 AVENUE OF THE AMERICAS, LLC def-res

9240. ERIC BERRIOS, plf-ap, v. 735 AVENUE OF THE AMERICAS, LLC def-res — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for ap — McGaw, Alventosa & Zajac, Jericho (James K. O'Sullivan of counsel), for res — Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered June 10, 2011, which, after a jury trial, inter alia, awarded plaintiff $375,000 for past pain and suffering, $225,000 for future pain and suffering for three years, $225,000 for past lost earnings, and $375,000 for future lost earnings for three years, unanimously affirmed, without costs.

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9240. ERIC BERRIOS, plf-ap, v. 735 AVENUE OF THE AMERICAS, LLC def-res — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for ap — McGaw, Alventosa & Zajac, Jericho (James K. O’Sullivan of counsel), for res — Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered June 10, 2011, which, after a jury trial, inter alia, awarded plaintiff $375,000 for past pain and suffering, $225,000 for future pain and suffering for three years, $225,000 for past lost earnings, and $375,000 for future lost earnings for three years, unanimously affirmed, without costs.

Plaintiff, who was injured when he fell off a scaffold in the course of his employment as a journeyman carpenter on a construction project, had an average pre-accident salary of $76,000 per year. With the exception of a brief, part-time job, he had not worked since the accident. Accordingly, the jury’s award of $225,000 for past lost earnings for five years was supported by a valid line of reasoning (see Cohen v. Hallmark Cards, Inc., 45 NY2d 493, 499 [1978]). Based upon the evidence presented at trial, the jury could have rationally concluded that plaintiff’s injuries initially incapacitated him from employment, but that, as time progressed, he became more able to work, and calculated their award on that basis. Such an analysis does not involve improper speculation into the jury’s thoughts (compare Dessasore v. New York City Hous. Auth., 70 AD3d 440 [1st Dept 2010]). Additionally, based on the evidence presented at trial, the award for future lost earnings is not inadequate.

ERIC BERRIOS, plf-ap, v. 735 AVENUE OF THE AMERICAS, LLC def-res

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