Summary
finding that Social Security disability benefits "correspond to . . . lost earnings for which [the plaintiff] was awarded damages, [and thus] constitute collateral source payments"
Summary of this case from Tookes v. Port Auth. of N.Y. & N.J.Opinion
January 20, 1998
Appeal from the Supreme Court, Kings County (Greenstein J.).
Ordered that the judgment is modified, on the law, by reducing the damages awarded to the plaintiff Anthony Manfredi from $744,802.18 to $710,302.18; as so modified, the judgment is affirmed, without costs or disbursements.
The defendants contend that the trial court's evidentiary rulings deprived them of a fair trial. However, the majority of the rulings about which the defendants complain were a proper exercise of the court's discretion ( see, Feldsberg v. Nitschke, 49 N.Y.2d 636, 643). While some of the rulings were erroneous, they did not, even collectively, deprive the defendants of a fair trial. Furthermore, the court's awards of $350,000 to Anthony Manfredi for past and future pain and suffering and $20,000 to Penny Manfredi for loss of services do not deviate materially from what is reasonable compensation under the circumstances ( see, CPLR 5501 [c]).
The trial court did err, however, with respect to the findings made after the collateral source hearing. Anthony Manfredi was partially indemnified for his lost earnings award by the Social Security disability benefits he received ( see, CPLR 4545 [c]). Since those benefits correspond to the lost earnings for which he was awarded damages, they constitute collateral source payments by which the judgment should have been reduced ( see, Oden v. Chemung County Indus. Dev. Agency, 87 N.Y.2d 81, 86-87; Caruso v. LeFrois Bldrs., 217 A.D.2d 256, 258-259).
Rosenblatt, J.P., Miller, Copertino and Pizzuto, JJ., concur.