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GRANDINETTI v. ROSE

155 A.D.2d 378 (1989)

Dominick Grandinetti et al., Respondents, v. David Rose et al., Defendants, and Frederick P. Rose et al., Appellants and Fourth-Party Plaintiffs-Appellants, et al., Third-Party Plaintiffs, et al., Third-Party Defendants. W 57 Restaurant, Inc., Fourth-Party Defendant-Respondent, et al., Fourth-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 30, 1989

In its special verdict, the jury awarded plaintiff $500,000 for his pain and suffering and $500,000 for his loss of enjoyment of life, pursuant to the trial court's charge that it could award damages for loss of enjoyment of life separately from any award of damages for pain and suffering.

The Court of Appeals has since held that such an instruction should not be given since loss of enjoyment of life is not a separate element...

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