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Featured Case

Motion to Set Aside the Damages Verdict in This Traffic Accident Case as Against the Weight of the Evidence Should Have Been Granted; the Jury Found the Injury to Be Permanent but Did Not Award Damages for Future Pain and Suffering; Damages for Past Pain and Suffering Too Low; May Have Been an Impermissible Compromise Verdict

The Second Department, reversing Supreme Court and granting a new trial, determined the jury’s damages verdict in this rear-end collision, traffic accident case should have been granted. The jury found that plaintiff suffered a permanent injury but did not award plaintiff with damages for future pain and suffering. The Second Department further determined the $12,500 verdict for past pain and suffering was too low. Avissato v. McDaniel, 2019 N.Y. Slip Op. 00084, Second Dept 1-9-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.