Summary
In Ramos v. La Montana Moving & Stor. (247 AD2d 333 [1998]), plaintiff endured conscious pain and suffering during the 15 to 30 minutes he lived after sustaining severe, crushing injuries when he was run over by a tractor trailer.
Summary of this case from Parker v. JonesOpinion
February 26, 1998
Appeal from the Supreme Court, Bronx County (Kenneth Thompson, J.).
The decedent was struck and killed by a driver who had consumed excessive amounts of alcohol. Decedent was initially struck by the back end of defendant's trailer truck and was then twice run over by the trailer truck's two rear wheels. He suffered excruciating crushing injuries and lived for approximately 15 to 30 minutes, during which time he suffered extreme pain. The jury awarded $3,000,000 damages for decedent's conscious pain and suffering, which the trial court reduced to $250,000, an amount to which plaintiff stipulated. In the circumstances, we find the trial court's reduction of damages to be more substantial than warranted by the record and, pursuant to our power under CPLR 5501 (a) (5) ( see, Desa v. City of New York, 188 A.D.2d 313, 314, lv denied 81 N.Y.2d 706; Perez v. Farrell Lines, 223 A.D.2d 388, lv denied 88 N.Y.2d 803) modify to increase the award to the extent indicated.
Plaintiff established a claim for pecuniary injuries where the proof established that decedent regularly provided baby sitting services to the three infant children of his daughters; imparted family, cultural and language traditions to these grandchildren; taught the grandchildren the Spanish language; provided regular counseling and guidance to his daughters and son; and provided emergency financial assistance to one of his daughters. The reduced award of $150,000 for such pecuniary injury is appropriate ( cf., Gonzalez v. New York City Hous. Auth., 77 N.Y.2d 663, 666; Korman v. Public Serv. Truck Renting, 116 A.D.2d 631).
We have considered defendants' remaining contentions and find them to be without merit.
Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.