Beardsley v. Wyoming County Community Hospital

Moule, J. (dissenting).

I dissent and vote to affirm. Plaintiff, Daryl Beardsley, recovered $400,000 for his injuries. Pursuant to CPLR 4111 (subd [d]), the jury returned an itemized verdict. Plaintiff was awarded $350,000 for impairment of earning ability and $50,000 for pain and suffering and permanent injury. While the award for pain and suffering and permanent injury may have been on the low side the recovery for impairment of earning ability was high. Taken as a whole a verdict for $400,000 was neither so excessive nor so inadequate as to shock the conscience (see, e.g., Sewar v Gagliardi…