Legal Opinion

James Turnbull and Karen Turnbull v. Usair, Inc.

Court of Appeals for the Second Circuit

Decided January 6, 1998No. 243, Docket 97-7148PublishedCited by 8 opinions

1Opinion of the Court

JACOBS, Circuit Judge:

The sole appellate issue presented in this diversity tort case is the applicability of the New York statute allowing an offset for economic loss that will be recovered from a collateral source. The district court ruled that the jury award for lost future earnings is not subject to offset in the amount of future Social Security disability payments, because the record does not demonstrate that the particular disorders that supported the jury award are the same disorders that supported the Social Security payments. We vacate and remand.

BACKGROUND

James Turnbull was a…

2Cases cited3 opinions

  1. Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
  2. Caruso v. Russell P. LeFrois Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Teichman v. Community Hospital of Western SuffolkAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by8 opinions

  1. OKRAYAENTS v. Metropolitan Transportation AuthorityDistrict Court, S.D. New York · 2008
  2. Silivanch v. Celebrity Cruises, Inc.District Court, S.D. New York · 2001
  3. Wooten v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  4. In Re September 11 LitigationDistrict Court, S.D. New York · 2009
  5. World Trade Center Properties LLC v. United Airlines, Inc.District Court, S.D. New York · 2012

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