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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. W2020-01202-COA-R3-CV
Regular Panel Decision
Nov 16, 2021

John Lynn v. Penske Truck Leasing Co., L.P.

John Lynn was injured in a May 2017 motor vehicle accident caused by a vehicle owned by Penske Truck Leasing Co., L.P. A jury awarded Mr. Lynn $615,000.00 in damages. The trial court, acting as the thirteenth juror, found the award inadequate and suggested an additur of $685,351.00, which Penske accepted under protest, bringing the total judgment to $1,300,351.00. Penske appealed the additur. The Court of Appeals affirmed the trial court's action, concluding that the additur was justified, did not destroy the jury's verdict, and was supported by the evidence regarding future loss of enjoyment of life, future physical pain and mental suffering, and loss of earning capacity.

AdditurJury VerdictDamagesLoss of Earning CapacityPain and SufferingLoss of Enjoyment of LifeMotor Vehicle AccidentPersonal InjuryAppellate ReviewTrial Court Discretion
References
15
Case No. MISSING
Regular Panel Decision

Bryant v. New York City Health & Hospitals Corp.

This consolidated case addresses the interpretation of New York's structured judgment statutes (CPLR articles 50-A and 50-B) in two personal injury and wrongful death actions. The court ruled that annual payments for future damages should be based on their undiscounted future value. It also determined that the 4% statutory additur must be included when calculating attorneys' fees. Furthermore, the court held that Social Security survivor benefits should offset a plaintiff's recovery for future lost earnings, remitting the Bryant case for a factual determination on this issue. The decision aims to ensure full compensation for plaintiffs while moderating costs for defendants.

Structured JudgmentPeriodic PaymentsPersonal InjuryMedical MalpracticeWrongful DeathFuture DamagesPresent ValueAnnuity ContractAttorneys' FeesCollateral Source Rule
References
20
Case No. MISSING
Regular Panel Decision
Dec 07, 2011

Burnett v. City of New York

Plaintiff Fitzroy Burnett, a track worker, was injured while removing temporary wood shoring from subway tracks, slipping in a water-filled trough. The trial court found the rail bed an unsafe walkway under Industrial Code § 23-1.7 (d) and defendant liable under Labor Law § 241 (6). The jury's initial damages award for pain and suffering was increased by the trial court, and an additional $91,000 was added for potential medical liens. The appellate court affirmed the increased award but vacated the $91,000 additur, determining the defendant had waived its right to enforce medical liens. The court also addressed clarification motions and dismissed an appeal regarding reargument of liability.

Workplace injurySubway track accidentIndustrial Code violationLabor Law § 241 (6)Damages awardPain and sufferingMedical liensAdditurShoulder fractureAnkle fracture
References
4
Case No. W2017-00487-COA-R3-CV
Regular Panel Decision
Mar 20, 2018

Victor Cole v. Joe Caruso

Plaintiff Victor Cole sued Defendant Joe Caruso alleging unjust enrichment after their business association ended. A jury initially found Caruso unjustly enriched and awarded Cole $10,000, later increased by additur to $50,000. Caruso appealed, arguing Cole failed to establish a prima facie case for unjust enrichment. The Court of Appeals found that while Cole did confer benefits, he failed to present sufficient evidence that Caruso's retention of those benefits without further payment was unjust, especially given that Cole had already received $13,000 in compensation. Consequently, the appellate court reversed the trial court's denial of Caruso's motion for directed verdict and remanded the case with instructions to dismiss the unjust enrichment claim.

Unjust EnrichmentDirected VerdictPrima Facie CaseAppellate ReviewQuasi-ContractContract Implied-in-LawCompensationBenefits ConferredTennessee Court of AppealsCivil Procedure
References
30
Case No. W2001-01429-COA-R3-CV
Regular Panel Decision
Jan 14, 2003

John C. Flowers v. Joseph E. Turner And Connie Turner

This personal injury case originated from an automobile accident in Madison County, Tennessee, involving John C. Flowers and Joseph E. Turner. Flowers, a truck driver, sued Turner for injuries, with Turner stipulating liability, and the case proceeded to trial on damages. The jury awarded Flowers $26,500 for past and future pain and suffering and past medical bills, but no damages for future medical expenses, permanent impairment, or lost earning capacity. The trial court affirmed the jury's verdict, denied Flowers' motion for an additur or new trial, and allowed the defendants to offset the verdict by a workers' compensation lien payment. The Court of Appeals affirmed the trial court's decision, finding material evidence to support the jury's findings and the permissibility of the offset.

Personal InjuryAutomobile AccidentWorkers' Compensation LienDamagesJury VerdictAdditurOffsetPermanent ImpairmentMedical ExpensesLost Earning Capacity
References
8
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