ROSANELL RANKINS, res, v. JOSE X. MOGROVEJO AND JUAN C. MOGROVEJO, app

2014-921 K C. ROSANELL RANKINS, res, v. JOSE X. MOGROVEJO AND JUAN C. MOGROVEJO, app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered October 24, 2013. The judgment, upon jury verdicts on the issues of liability and damages, and upon an order of the same court dated July 20, 2012 denying defendants' motion, pursuant to CPLR 4404 (a), to set aside as excessive so much of the jury verdict on damages as awarded plaintiff $315,000 for past pain and suffering, and $300,000 for future pain and suffering, and a separate order of the same court entered January 30, 2013 denying defendants' application for a collateral source hearing, awarded plaintiff the principal sum of $790,000.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

2014-921 K C. ROSANELL RANKINS, res, v. JOSE X. MOGROVEJO AND JUAN C. MOGROVEJO, app — Appeal from a judgment of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered October 24, 2013. The judgment, upon jury verdicts on the issues of liability and damages, and upon an order of the same court dated July 20, 2012 denying defendants’ motion, pursuant to CPLR 4404 (a), to set aside as excessive so much of the jury verdict on damages as awarded plaintiff $315,000 for past pain and suffering, and $300,000 for future pain and suffering, and a separate order of the same court entered January 30, 2013 denying defendants’ application for a collateral source hearing, awarded plaintiff the principal sum of $790,000.

ORDERED that the judgment is reversed, without costs, the order dated July 20, 2012 denying defendants’ motion to set aside as excessive so much of the jury verdict on damages as awarded plaintiff $315,000 for past pain and suffering, and $300,000 for future pain and suffering is vacated, defendants’ motion is granted, and the matter is remitted to the Civil Court for a new trial on the issue of damages for past pain and suffering and future pain and suffering only, and for the entry of an appropriate judgment thereafter, including an award of $175,000 for future medical expenses, unless within 30 days after service upon plaintiff of a copy of this decision and order, plaintiff shall serve and file in the office of the Clerk of the Civil Court, Kings County, a written stipulation consenting to reduce the verdict as to damages for past pain and suffering from the principal sum of $315,000 to the principal sum of $175,000, and the verdict as to damages for future pain and suffering from the principal sum of $300,000 to the principal sum of $150,000, and to the entry of an appropriate amended judgment; in the event that the plaintiff so stipulates, the judgment, as so reduced and amended in the total principal sum of $500,000, is affirmed, without costs.

ROSANELL RANKINS, res, v. JOSE X. MOGROVEJO AND JUAN C. MOGROVEJO, app

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal