Fiveson v. Kondenar

The special verdict in this motor vehicle negligence action was $20,000 for pain and suffering and $80,000 for loss of earnings. *750Pursuant to its interpretation of the No-Fault Law (Insurance Law art 51, former art XVIII), the trial court reduced the total award of $100,000 to $64,000 by deducting $36,000 from the lost earnings portion of the award. Appellant contends that only $16,000 should have been deducted. We disagree.

Prior to the accident plaintiff’s earnings as a self-employed process server were in excess of $1,000 a month. He was permanently disabled from such employment as the…