Simmons v. Metropolitan Life Insurance

I respectfully dissent and would remand this matter to the IAS Court for a new trial as to damages unless plaintiffs Lige and Ivory Simmons and third-party defendant-appellant National Cleaning Contractors Division of Kinney National Services, Inc. ("National”) can agree to stipulate to an increased award for past and future pain and suffering, and would otherwise affirm.

On the morning of December 23, 1989, Mr. Simmons, who was 64 years old at the time, allegedly slipped and fell on a patch of ice on a walkway in front of the building where his daughter, Jolley-Lewis, resides.

Plaintiff…