Young v. Tops Markets

Judgment reversed on the law without costs and new trial granted on damages for past and future pain and suffering only unless plaintiff Thomas J. Young, within 20 days of service of a copy of the order of this Court with notice of entry, stipulates to reduce the verdict for past pain and suffering to $1 million and for future pain and suffering to $2.5 million, in which event the judgment is modified accordingly and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Thomas J. Young (plaintiff) in April 1994 when he fell 18 feet in an accident at work. Partial summary judgment on the issue of liability under Labor Law 240(1) was granted in June 1998, and a jury trial on the issue of damages was held in December 1998. The jury returned a verdict awarding plaintiff compensatory damages in the amount of $8,077,363 and awarding plaintiffs wife $400,000 on her derivative claim. Defendants appeal from the separate judgments entered in April 2000 in favor of each plaintiff structuring the damages pursuant to CPLR article 50-B.