← Cases

Smith v. Auburn Memorial Hospital

219 A.D.2d 806 Court N.Y. App. Div. Decision date 1995-09-29 English

Contents

Majority

p. 806
Helen Smith et al., Appellants-Respondents, v Auburn Memorial Hospital, Respondent-Appellant.
[632 NYS2d 1021]

Order unanimously affirmed without costs. Memorandum: The negligence of defendant and the cause of the injuries to Helen Smith (plaintiff) may be reasonably inferred from the circumstantial evidence adduced at trial (see, Schneider v Kings Highway Hosp. Ctr., 67 NY2d 743 , 744; Coluzzi v Korn, 209 AD2d 951 , 951-952, lv denied 85 NY2d 801 ; Pollicina v Misericordia Hosp. Med. Ctr., 158 AD2d 194 , 199-200, lv dismissed 76 NY2d 934 ; cf., Nyon Sook Lee v Shields, 188 AD2d 637 ). Supreme Court did not err in granting defendant a new trial on damages unless plaintiff agreed to a total verdict of $120,000. The jury’s award of $350,000 for future pain and suffering was excessive and differed materially from what would be reasonable compensation (see, CPLR 5501 [c]). (Appeals from Order of Supreme Court, Cayuga County, Contiguglia, J. — Set Aside Verdict.) Present — Green, J. P., Lawton, Fallon, Doerr and Boehm, JJ.

Cases cited