Legal Opinion

Holder v. Westinghouse Electric Corp.

New York Supreme Court

Decided August 22, 1988Published

1Opinion of the Court

OPINION OF THE COURT

Gilbert Ramirez, J.

The plaintiff in this action was awarded the sum of $450,000 in damages as a result of injuries sustained when she fell on an escalator owned by defendant. Defendant now moves to reduce this verdict by $10,716, the amount acknowledgedly received by plaintiff as settlement for back wages in a wrongful termination claim brought against her former employer. It is defendant’s contention that the jury verdict included an allowance for loss of earnings and that plaintiff thus will receive a "double recovery” insofar as the $10,716 sum is concerned. Defendant…

2Cases cited4 opinions

  1. Rutzen v. Monroe County Long Term Care Program, Inc.New York Supreme Court · 1980
  2. Grynbal v. GrynbalAppellate Division of the Supreme Court of the State of New York · 1969
  3. Brink v. KilleenAppellate Division of the Supreme Court of the State of New York · 1975
  4. Anastasia v. BarnesNew York Supreme Court · 1985

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