Rubin v. Aaron
| Decision Date | 15 March 1993 |
| Parties | Carolyn RUBIN, etc., Respondent, v. Norman AARON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Martin, Clearwater & Bell, New York City (Barbara D. Goldberg and Erik Kapner, of counsel), for appellant.
Glaser, Shandell & Blitz, New York City (Alexander J. Wulwick, of counsel), for respondent.
Before BALLETTA, J.P., and MILLER, RITTER and SANTUCCI, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., and wrongful death, the defendant appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered July 16, 1990, which, upon a jury verdict finding the defendant's decedent 100% at fault for the plaintiff's decedent's injuries, and 80% at fault for the plaintiff's decedent's death, and finding that damages for pain and suffering amounted to $240,000, damages for loss of services amounted to $200,000, damages for wrongful death to the plaintiff individually amounted to $550,000, and damages for wrongful death to the plaintiff's decedent's daughter Donna Rubin amounted to $100,000, is in favor of the plaintiff and against the defendant in the principal sum of $880,000, and in favor of the plaintiff's decedent's daughter in the principal sum of $80,000.
ORDERED that the judgment is modified, on the facts and as an exercise of discretion, by deleting the third, fourth, and fifth decretal paragraphs thereof, awarding damages for loss of services and wrongful death, and a new trial is granted on the issue of damages for wrongful death and loss of services, unless, within 30 days after service upon the plaintiff of a copy of this decision and order, with notice of entry, (1) the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation consenting to (a) decrease the verdict as to damages for loss of services from $200,000 to $100,000, and (b) decrease the verdict as to damages for wrongful death to the plaintiff individually, from $550,000, to $210,000, and reduce the award to her for wrongful death from the principal sum of $440,000, to the principal sum of $168,000, and (2) Donna Rubin shall serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation consenting to decrease the verdict as to damages to her for wrongful death from $100,000 to $25,000, and to reduce the award to her for wrongful death from the principal sum of $80,000 to the principal sum of $20,000; as so modified, the judgment is affirmed, without costs or disbursements; and it is further,
ORDERED that in the event the plaintiff and Donna Rubin so stipulate, then the judgment, as so decreased and amended, is affirmed, without costs or disbursements.
Granting the plaintiff the benefit of the most favorable inferences that can be drawn from the evidence (see, Alexander v. Eldred, 63 N.Y.2d 460, 464, 483 N.Y.S.2d 168, 472 N.E.2d 996; Lipsius v. White, 91 A.D.2d 271, 277, 458 N.Y.S.2d 928), it cannot be said that "there is simply no valid line of reasoning and permissible inferences which could possibly lead rational [persons] to the conclusion reached by the jury on the basis of the evidence presented at trial" (see, Cohen v. Hallmark Cards, Inc., 45 N.Y.2d 493, 499, 410 N.Y.S.2d 282, 382 N.E.2d 1145; see also, Nicastro v. Park, 113 A.D.2d 129, 132, 495 N.Y.S.2d 184).
The plaintiff presented ample testimonial and documentary evidence, including testimony by two expert witnesses, establishing that Dr. Norman Aaron departed from accepted medical practice in prescribing and treating the plaintiff's decedent with the drug Ser-Ap-Es, an antihypertensive agent containing reserpine. The plaintiff further substantiated her claim that decedent's three-year depression and his suicide in September 1979, although occurring more than two months after Ser-Ap-Es was discontinued, were proximately caused by Dr. Aaron's deviations from accepted medical practice. We find that the plaintiff, therefore, offered "sufficient evidence from which reasonable [persons] might conclude that it was more probable than not that [decedent's] injury was caused by the defendant" (Sachs v....
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Papa v. City of New York
...cumulative of the rather extensive testimony by numerous witnesses regarding Papa's "pre-morbid" personality (see, Rubin v. Aaron, 191 A.D.2d 547, 594 N.Y.S.2d 797; People v. Carter, 132 A.D.2d 561, 517 N.Y.S.2d 287; Mayes v. County of Nassau, 31 A.D.2d 638, 295 N.Y.S.2d 989). In any event,......
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...two $200,000 awards to decedent's adult son and daughter where "there was no evidence as to any pecuniary injury"); Rubin v. Aaron, 594 N.Y.S.2d 797, 799 (2d Dep't 1993) (limiting adult child's loss of parental guidance to $25,000); Wood v. State, 492 N.Y.S.2d 481, 484 (3d Dep't 1985) (awar......
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...Mann III, Marcus Mann, Christina Mann, and Alice Mann—are entitled to $25,000 each in pecuniary damages. See Rubin v. Aaron , 191 A.D.2d 547, 547, 594 N.Y.S.2d 797 (2d Dep't 1993) (reducing a pecuniary damages award from $100,000 to $25,000 in a wrongful death case for an adult daughter who......
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Mono v. Peter Pan Bus Lines, Inc., 97 Civ. 2194 (SAS).
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