RODD v. LUXFER USA LIMITED, N.Y. App. Div., Judgment, Law, casemine.com

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Attorney(S)

Weiser Associates, P.C., New York, N.Y. (Martin J. Weiser and Mary Walsh of counsel), for appellant. Ahmuty, Demers McManus, Albertson, N.Y. (Fredrick B. Simpson and Brendan T. Fitzpatrick of counsel), for defendant-respondent. Kornfeld, Rew, Newman Ellsworth, Suffern, N.Y. (Frank T. Simeone of counsel), for third-party defendant-respondent.

Judges

Robert J. Miller

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BRENDA LEE GILMAN RODD, ETC., APPELLANT, v. LUXFER USA LIMITED, DEFENDANT THIRD-PARTY PLAINTIFF, ET AL., DEFENDANTS, SOUTHSHORE FIRE AND SAFETY EQUIPMENT DISTRIBUTORS, INC., DEFENDANT-RESPONDENT; CORAM FIRE DISTRICT, THIRD-PARTY DEFENDANT-RESPONDENT (AND A SECOND THIRD-PARTY ACTION).

DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs.

The plaintiff's decedent sustained a wound to the left side of his chest when an oxygen tank which he was refilling exploded. Upon his admission to the hospital no more than 30 minutes after he sustained his injury, the decedent's level of consciousness was listed as "unresponsive". According to hospital records, he remained unresponsive until he expired approximately four hours after the accident.

Although the decedent suffered severe and massive injuries, any period of consciousness was limited in duration. The amount of damages awarded by the jury deviated materially from what would otherwise be reasonable compensation (see, CPLR 5501[c]; Donofrio v. Montalbano, 240 A.D.2d 617; Portaro v. Gerber, 217 A.D.2d 539).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.

RODD v. LUXFER USA LIMITED

BRENDA LEE GILMAN RODD, ETC., APPELLANT, v. LUXFER USA LIMITED, DEFENDANT THIRD-PARTY PLAINTIFF, ET AL., DEFENDANTS, SOUTHSHORE FIRE AND SAFETY EQUIPMENT DISTRIBUTORS, INC., DEFENDANT-RESPONDENT; CORAM FIRE DISTRICT, THIRD-PARTY DEFENDANT-RESPONDENT (AND A SECOND THIRD-PARTY ACTION).

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