From Casetext: Smarter Legal Research

Yass v. Liverman

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1996
233 A.D.2d 110 (N.Y. App. Div. 1996)

Opinion

November 7, 1996.

Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered June 19, 1995, which, upon jury verdict, awarded plaintiff damages in the principal sum of $185,000, unanimously affirmed, with costs.

Before: Murphy, P.J., Milonas, Kupferman, Ross and Mazzarelli, JJ.


Viewing the evidence in the light most favorable to plaintiff, the prevailing party, we agree with the ruling of the Trial Justice denying the motion to set aside the verdict as against the weight of the credible evidence. A reasonable jury could have credited plaintiffs testimony that he struck the rear of defendant's vehicle when defendant changed lanes without signaling on a wet slippery road and then came to a complete stop at a green light in order to make a left turn ( see, Kienzle v McLoughlin, 202 AD2d 299).

Further, the award of $185,000 in total damages, inclusive of $45,000 for future pain and suffering, where the plaintiff suffered a fractured ankle requiring surgery and further surgical procedures in the future does not deviate materially from what is reasonable compensation under the circumstances.

We have considered defendants' remaining contentions and find them to be without merit.


Summaries of

Yass v. Liverman

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1996
233 A.D.2d 110 (N.Y. App. Div. 1996)
Case details for

Yass v. Liverman

Case Details

Full title:ITSIK YASS, Respondent, v. DIANA LIVERMAN et al., Appellants

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

Date published: Nov 7, 1996

Citations

233 A.D.2d 110 (N.Y. App. Div. 1996)
649 N.Y.S.2d 431

Citing Cases

Ramos v. Rojas

While defendant established a prima facie right to summary judgment with defendant's affidavit and the…

Singh v. Catamount Development Corp.

The witness merely educated the trier of fact of the nature and extent of the surgical procedures plaintiff…