LaFleur v. Con. Edison Co. of N.Y., Inc.

Full title: RANDY LaFLEUR, Appellant v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.…

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

Date published: Dec 4, 1997

245 A.D.2d 36 (N.Y. App. Div. 1997)

665 N.Y.S.2d 861

Opinion

December 4, 1997

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

The awards of $15,000 for past pain and suffering and zero for future pain and suffering deviate materially from what is reasonable compensation under the circumstances, and we increase the awards to the extent indicated.

The trial court did not err in permitting the jury to consider plaintiff's negligence in determining the liability of plaintiff's employer, third-party defendant on the theory of respondeat superior ( see, Carr v. Perl Assocs., 201 A.D.2d 296), and granting full indemnification in favor of the owner, third-party plaintiff. Although third-party plaintiff was previously found to be vicariously liable under Labor Law § 240 (1) ( 221 A.D.2d 250), there was no evidence of active negligence on its part. However, there was ample evidence to support the finding against third-party defendant on the theories of respondeat superior and negligent supervision and control.

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

Concur — Milonas, J. P., Rubin, Tom, Mazzarelli and Colabella, JJ.