NOVKO V. STATE OF NEW YORK
285 A.D.2d 696 (2001)
NATURE OF THE CASE: Novko (P) appealed a damages award from a collision with a highway
patrol vehicle.
FACTS: P, a self-employed dairy farmer, sustained injuries when, stopped at a red light.
The vehicle he was driving was struck in the rear by a State Trooper's patrol vehicle. Ps
sued D seeking damages for past and future pain and suffering and loss of earning capacity
alleging that Ps sustained a serious injury. The Court of Claims rendered found D 100%
liable for the collision and concluded that claimant sustained a significant limitation of
the use of his thoracic spine due to a degenerative disc condition in the area of T7-T8 that
was aggravated and became symptomatic as the result of the accident. The court awarded
damages for past and future pain and suffering in the amount of $40,000 but made no award
for his loss of earning capacity. P's wife was awarded $6,000 on her derivative claim. The
court held that by the spring of 1997, P could have changed his lifestyle by giving up dairy
farming and becoming a farming equipment salesperson, and that his failure to do so
constituted a breach of his duty to mitigate his damages. Ps appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment