NEVILLE CROOKS, res, v. E. PETERS, LLC, ap, ET AL., def

NEVILLE CROOKS, res, v. E. PETERS, LLC, ap, ET AL., def — (INDEX NO. 35193/05)In an action to recover damages for personal injuries, the defendant E. Peters, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated January 18, 2012, as, upon a jury verdict finding that the negligence of the defendant E. Peters, LLC, was a substantial factor in causing injury to the plaintiff's right ankle/foot, that the negligence of the defendant E. Peters, LLC, was not a substantial factor in causing injury to the plaintiff's lower back, right elbow, or left knee, and awarding the plaintiff the sums of $2 million for past pain and suffering, $2 million for past lost earnings and benefits, $1 million for past medical expenses, $0 for future pain and suffering, and $0 for future lost earnings and benefits, granted those branches of the plaintiff's motion which were pursuant to CPLR 4404 to set aside the jury verdict on the issues of causation and future damages and for a new trial on those issues.

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NEVILLE CROOKS, res, v. E. PETERS, LLC, ap, ET AL., def — (INDEX NO. 35193/05)In an action to recover damages for personal injuries, the defendant E. Peters, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated January 18, 2012, as, upon a jury verdict finding that the negligence of the defendant E. Peters, LLC, was a substantial factor in causing injury to the plaintiff’s right ankle/foot, that the negligence of the defendant E. Peters, LLC, was not a substantial factor in causing injury to the plaintiff’s lower back, right elbow, or left knee, and awarding the plaintiff the sums of $2 million for past pain and suffering, $2 million for past lost earnings and benefits, $1 million for past medical expenses, $0 for future pain and suffering, and $0 for future lost earnings and benefits, granted those branches of the plaintiff’s motion which were pursuant to CPLR 4404 to set aside the jury verdict on the issues of causation and future damages and for a new trial on those issues.

ORDERED that the order is modified, on the facts, by deleting the provision thereof granting that branch of the plaintiff’s motion which was pursuant to CPLR 4404 to set aside the jury verdict on the issue of causation and for a new trial on that issue, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of past and future damages sustained by reason of the injury to the plaintiff’s right ankle/foot.

NEVILLE CROOKS, res, v. E. PETERS, LLC, ap, ET AL., def

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