Unsigned
Plaintiffs commenced an action seeking damages for injuries sustained by plaintiff Kelley as the result of the alleged negligence of defendants James R. Caputo, M.D., and James R. Caputo, M.D., P.C. in performing laparoscopic surgery on plaintiff at defendant Crouse Hospital and the alleged negligence of defendants in providing her with postoperative care. After a trial, a jury found that the defendants were negligent, and that the negligence of Crouse was a substantial factor in causing plaintiff's injuries, but that the negligence of Caputo was not. The jury awarded damages to plaintiff's husband for past loss of consortium and to plaintiff for past and future pain and suffering, as well as future medical costs. The instant court modified the order, agreeing with Caputo that the supreme court erred in granting those parts of the post-trial motions of plaintiffs and Crouse seeking to set aside the verdict with respect to him. The court, however, found that the supreme court properly granted plaintiffs' "supplemental motion" to correct the verdict with respect to the award of damages for plaintiff's future pain and suffering.
