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Ramos v. La Montana Moving & Storage, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1998
247 A.D.2d 333 (N.Y. App. Div. 1998)

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. Jones

Opinion

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.


Summaries of

Ramos v. La Montana Moving & Storage, Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1998
247 A.D.2d 333 (N.Y. App. Div. 1998)

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. Jones

In Ramos v La Montana Moving & Storage Inc. (247 AD2d 333 [1d Dept 1998]), the decedent had 15 to 30 minutes of conscious pain and suffering for "excruciating crushing injuries."

Summary of this case from Vargas v. Advanced Fleet Maint., Inc.

In Ramos v La Montana Moving & Storage Inc. (247 AD2d 333 [1d Dept 1998]), the decedent had 15 to 30 minutes of conscious pain and suffering for "excruciating crushing injuries."

Summary of this case from Vargas v. Advanced Fleet Maint., Inc.

In Ramos, the initial jury award of $3 million went through vicissitudinous changes, viz., the Appellate Division ultimately modified the lower court order (on a remittitur motion, reduced the pain and suffering award to $250,000) and increased the award to $900,000 for 15-30 minutes of conscious pain and suffering.

Summary of this case from Filipinas v. Action Auto Leasing
Case details for

Ramos v. La Montana Moving & Storage, Inc.

Case Details

Full title:BELLA RAMOS, as Adminstratrix of the Estate of (CARLOS A. RAMOS, Deceased…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 26, 1998

Citations

247 A.D.2d 333 (N.Y. App. Div. 1998)
669 N.Y.S.2d 529

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Vargas v. Advanced Fleet Maint., Inc.

In Ramos v La Montana Moving & Storage Inc. (247 AD2d 333 [1d Dept 1998]), the decedent had 15 to 30 minutes…