Walters v. Nicklin
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), dated November 30, 2004, as, upon renewal, denied his motion, inter alia, to set aside the jury award as inadequate.
Ordered that the order is affirmed insofar as appealed from, with costs.
On the afternoon of May 24, 2001 a car owned by the defendant George Nicklin and driven by the defendant Katherine A. Nicklin collided with the plaintiffs unmarked patrol car at an intersection in Garden City. The plaintiff, a police officer, sustained injuries to his neck, knee, back, and hand. Following the liability phase of a bifurcated trial, the jury determined that the defendant driver violated Vehicle and Traffic Law § 1142 (a) and that such violation had “a practical and reasonable connection to the accident.” In accordance with the strict liability imposed under General Municipal Law § 205-e, the jury was not permitted to reach the issue of the plaintiffs possible negligence. Following the damages phase of the trial, the jury found that the plaintiff had not established that he sustained a permanent consequential limitation of use of a body organ or member, although he did sustain a significant limitation of use of a body function or system. The jury awarded the plaintiff the sums of $50,000 for past pain and suffering, $20,500 for past lost earnings, and $25,000 for future pain and suffering over a period of five years, but awarded no damages for future lost earnings.
Contrary to the plaintiffs contentions, the jury award was
The plaintiff’s remaining contentions are without merit. Florio, J.P., Miller, Adams and Skelos, JJ., concur.
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