March 22, 2013

Compensation for pain and suffering.

Practice point:  The jury's determination will not be disturbed unless the award deviates materially from what would be reasonable compensation.

Student note: The reasonableness of compensation must be measured against relevant precedent of comparable cases.

Case: Kayes v. Liberati, NY Slip Op 01534 (2d Dept. 2013).

Here is the decision.

Monday's issue: Injured in an elevator.