Legal Opinion
Schramm v. Long Island Railroad
District Court, E.D. New York
Decided May 25, 1994No. 92-CV-3458 (JRB)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
BARTELS, District Judge.
The defendant the Long Island Railroad Company (the “Railroad”) moves this Court under Rule 59(a) of the Federal Rules of Civil Procedure for an order granting defendant a new trial on the grounds that the damages awarded by the jury for plaintiff’s past pain and suffering were excessive. For the reasons set forth below, the motion for a new trial on the issue of damages is granted unless plaintiff elects to file remittitur of damages in excess of $200,000, the maximum damage award the Court finds supported by the record.
BACKGROUND
On the…
2Cases cited16 opinions
- Samuel S. SONG, Plaintiff-Appellant, v. IVES LABORATORIES, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1992
- Grunenthal v. Long Island Rail RoadSupreme Court of the United States · 1968
- Celia Gumbs and James Gumbs v. Pueblo International, Inc. D/B/A Pueblo Supermarkets. Appeal of Pueblo International, IncCourt of Appeals for the Third Circuit · 1987
- Ismail v. CohenCourt of Appeals for the Second Circuit · 1990
- Lee D. Harper v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1984
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3Cited by3 opinions
- Fink v. City of New YorkDistrict Court, E.D. New York · 2001
- Broome v. BiondiDistrict Court, S.D. New York · 1997
- Rounds v. Rush Trucking Corp.District Court, W.D. New York · 1999