ODEN V. CHEMUNG COUNTY INDUSTRIAL DEVELOPMENT AGENCY
661 N.E.2d 142 (N.Y 1995)
NATURE OF THE CASE: This was an appeal over the scope of a statutory provision limiting
recoveries from collateral sources.
FACTS: Oden (P), a 48-year-old ironworker, was injured when he was struck by a falling
steel column that was apparently dislodged by a small hydraulic crane. P sued the owner of
the crane, the crane operator, the contract agency that provided the crane operator and the
owner and lessee of the work site, alleging various Labor Law and common-law causes of
action. Chemung (D) et al, subsequently asserted cross-claims against each other, as well as
third-party claims against Streeter Associates, P's employer. P was awarded damages as
follows: $5,752.75 for past medical expenses, $20,000 for pain and suffering, $27,550 for
lost past earnings, $66,000 for lost pension benefits and $80,000 for future lost earning
and health and welfare benefits. The court ordered that the total award for future economic
loss ($146,000) be reduced by the $141,330, the value of the disability retirements benefits
that P expected to receive over his lifetime. The Appellate Division modified by restoring
the full amount of the $80,000 award for future lost earnings and benefits and adjusting the
total damages award upward accordingly. The court held that 'where a jury award for a
discrete category of economic loss is wholly satisfied and in fact exceeded by a collateral
source of the very same category, operates only to eliminate the jury award for that
category.' Only the award for lost pension benefits was sufficiently related to the
collateral disability retirement benefits to qualify for the offset permitted by CPLR
4545(c). Third-party defendant Streeter has 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