AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

FRANCIS GRIBBON et al., Appellants, et al., Plaintiffs, v. MISSIONARY SISTERS OF THE SACRED HEART, Respondent and Third-Party Plaintiff-Respondent. ROBERT D. ANDERSON Co., INC., Third-Party Defendant-Respondent.

By failing to offer an objection before the jury was discharged, plaintiffs have failed to preserve for appellate review their contention that the verdict awarding $126,000 for loss of future earnings and $0 for future pain and suffering was inconsistent (see, Barry v. Manglass, 55 N.Y.2d 803, 806). In any event, the jury's verdict was consistent. Based on the conflicting medical testimony, the jury could reasonably have found that while plaintiff Francis Gribbon sustained injuries that rendered him incapable of continuing his strenuous work as a bricklayer, the injuries had healed to the extent that he would not be afflicted with future pain (see, Kinsella v. Berley Realty Corp., 240 A.D.2d 374). Similarly, the verdict was not against the weight of the evidence (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493).

Concur — Sullivan, J. P., Milonas, Rosenberger and Williams, JJ.

Use AI to get other relevant cases.

Comments

GRIBBON v. MISSIONARY SISTERS, SACRED HEART
(Nov 13, 1997)