Janice Austin v. William L. Meade

In negligence action arising out of an automobile accident, defendant conceded liability.

After a jury trial on the issue of damages, plaintiff was awarded $72,023 for lost earnings incurred from the date of the accident until the verdict, $70,900 for future medical expenses, $85,000 for future loss of earnings, and $80,000 for pain and suffering (past and future). Counsel for both parties agreed that judgment should not be entered for the entire amount of the verdict, given the prohibition against recovery of basic economic loss in an action of this, but could not agree on the amount of the reduction. At a postverdict hearing, defendant sought a reduction of $50,000 (the total amount of plaintiff's "basic economic loss" while plaintiff argued that inasmuch as she had been precluded from presenting any proof with respect to her preverdict medical costs, which totaled $7,032.90, and had therefore obtained no award for these expenses, the verdict should only be reduced by $42,967.10 ($50,000-$7,032.90). Supreme Court agreed with plaintiff insofar as the medical expenses were concerned, concluding that because the verdict did not include any award for these costs, the collateral source rule could not be invoked to provide defendant with a credit for the $7,032.90. Rather, the court held, the, judgment would be reduced only by the amount of compensation plaintiff had received from other sources for lost wages (i.e., workers' compensation and first-party benefits), totaling $38,977.94.

Unknown

Unknown

Defendant appealed. The Appellate Division of the Supreme Court of the State of New York Third Department reversed in part and affirmed in part. See: 685 N.Y.S.2d 308 (A.D.3 Dept 1999]. The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.