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Keywords

tortplaintiffdefendantdamagesnegligenceappealhearingtrial

tortplaintiffdefendantdamagesnegligencehearingtrialsustained

Related Cases

Grayson v. Irvmar Realty Corp., 7 A.D.2d 436, 184 N.Y.S.2d 33

Facts

The plaintiff, who was seriously studying music and preparing for an operatic career, fell on a sidewalk in front of the defendant's premises, resulting in a fractured leg and alleged hearing impairment. The negligence was attributed to the defendant's failure to properly light a construction sidewalk bridge. The jury awarded $50,000 in damages, but the defendant appealed, arguing that the damages were excessive and that the jury should not have been allowed to award substantial damages for the impairment of her inchoate operatic career.

Plaintiff, a young woman who is engaged seriously in the study of music looking to the development of an operatic career, sustained a fractured leg and an alleged impairment of her hearing as a result of a fall on the sidewalk in front of defendant's premises.

Issue

The principal issue raised is whether the court erred in permitting the jury to award substantial damages for the impairment of the plaintiff's inchoate operatic career and whether the damages awarded were excessive.

The principal issue raised in this personal injury negligence case is whether the court, in permitting the jury to award substantial damages to plaintiff for the impairment or frustration of her inchoate operatic career, committed error.

Rule

A person tortiously injured may recover damages based on the impairment of future earning capacity, and the assessment of damages may be based on future probabilities, not confined to actual earnings prior to the accident.

There is no dispute that one tortiously injured may recover damages based upon the impairment of future earning capacity.

Analysis

The court analyzed the jury's award in light of the plaintiff's training and potential in the operatic field, noting that while she had serious aspirations and some training, the probability of achieving significant financial success in such a competitive field was low. The court emphasized that the jury must assess genuine potentialities based on objective circumstances rather than wishful thinking. Ultimately, the court found the jury's award of $50,000 to be grossly excessive given the circumstances.

But, in the light of the proper distinctions, the jury's award of $50,000 was grossly excessive.

Conclusion

The court concluded that the judgment in favor of the plaintiff should be reversed, and a new trial granted unless the plaintiff accepted a reduced judgment of $20,000.

Accordingly, the judgment in favor of plaintiff should be reversed, on the law and on the facts, and a new trial granted, unless plaintiff stipulates to accept a judgment in the reduced amount of $20,000.

Who won?

The defendant prevailed in the appeal, as the court found the original jury award to be excessive and ordered a reduction in the damages.

The proof with respect to the impairment of hearing and that it was caused by the accident is against the weight of the credible evidence and, as a consequence, the credible evidence does not support any award in excess of that allowable for the fractured leg.

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