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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48535

Justice Renwick

PLAINTIFF, INJURED in a construction site accident involving a hoist constructed and maintained by defendant, was awarded $7.64 million in damages. Defendant moved to vacate the award, arguing that plaintiff failed to prove liability and that damages were excessive. The court denied dismissal, finding that defendant owed plaintiff a duty to maintain the hoist in a safe condition after entering a maintenance contract. The court also denied a new trial on liability, grounded on its allegedly improper jury instruction on the issue of apportionment of liability between two accidents that allegedly caused plaintiff’s injuries, finding that defendant failed to establish substantial confusion arising from a supplemental instruction on apportionment. The court granted a new trial on damages, finding that damages awarded for past and future pain and suffering, lost wages and loss of society deviated materially from reasonable compensation.

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