Legal Opinion
Fitzgibbons v. New York State University Construction Fund
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991No. Appeal No. 1PublishedCited by 7 opinions
1Opinion of the Court
Judgment unanimously reversed on the law with costs, and new trial granted on the issue of damages. Memorandum: After trial of plaintiffs action arising out of a construction accident in which his ankle was crushed, the jury found defendant, the owner of the work site, liable under Labor Law § 241 (6). The jury awarded plaintiff damages in the amount of $232,832.66: $73,667 for past pain and suffering (over 6-½ years); $53,333 for future pain and suffering (over 11 years); $93,333.33 for past lost earnings (over 6-½ years); $10,833.33 for future lost earnings (over 9 years); and $1,666 for…
2Cases cited5 opinions
- People v. BrownNew York Court of Appeals · 1979
- Alford v. SventekNew York Court of Appeals · 1981
- People v. LegisterNew York Court of Appeals · 1990
- Long v. PayneAppellate Division of the Supreme Court of the State of New York · 1921
- Maslinski v. Brunswick Hospital Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- People v. MaraghNew York Court of Appeals · 2000
- Peterson v. ZuercherAppellate Division of the Supreme Court of the State of New York · 1993
- Powell v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Grasso v. American Brass Co.Appellate Division of the Supreme Court of the State of New York · 1995
- 23 Jones Street Associates v. BerettaAppellate Terms of the Supreme Court of New York · 1999
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