Case: Karney, 674 N.Y.S.2d at 451.
Procedural HistoryDefendants appealed, claiming that the jury verdict was excessive as well as duplicative. Defendants also claimed that the jury’s finding of negligence by the hospital was not supported by the evidence at trial.
Summary of FactsThe Supreme Court, Appellate Division, held that the jury finding of negligence on the part of the hospital was supported by evidence; the jury award of $3.7 million would be reduced to $2 million for past pain and suffering; jury awards for home equipment adaptations, transportation, and therapies can be proper as long as they are not duplicative of other awards for costs, such as costs for a group home; and the award of $4 million for cost of a group home was not excessive.
Relevant Application of LawThe jury's award of $4 million for group home costs was not excessive in light of the quantitative evidence and Jason's acknowledged need for assisted living (see, Cunningham v. Vincent, 234 A.D.2d 648, 652, 650 N.Y.S.2d 850; compare, Cramer v. Kuhns, 213 A.D.2d 131, 138-139, 630 N.Y.S.2d 128, lv. dismissed 87 N.Y.2d 860, 639 N.Y.S.2d 312, 662 N.E.2d 793).