Rodriguez v. F.D.R. Temple Associates, Inc.

McKeon, EJ.

(dissenting). For reasons discussed hereinafter, the trial court should not have declared a mistrial, but should have entered judgment in favor of plaintiff against defendant Co-Star Construction, Inc. in the principal amount of $375,000. At the very least, the trial court abused its discretion by requiring a new trial on past damages in the absence of a showing that the jury’s award for past pain and suffering deviated “materially from what would be reasonable compensation” for the serious knee injury which plaintiff sustained (CELR 5501 [c]).

On August 17, 1997, plaintiff was…