Virkler v. Shockney

— Order and judgment unanimously affirmed with costs. Memorandum: We conclude that the jury’s award of damages did not "deviat[e] materially from what would be reasonable compensation” (CPLR 5501 [c]) for the severe injuries and disability sustained by plaintiff. The trial court did not err by failing to hold a collateral source hearing with respect to the award for loss of earnings (see, CPLR 4545 [c]). Following announcement of the verdict, the court set a date for motions addressed to the verdict. Defense counsel indicated the need for a collateral source hearing. The court suggested that…