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LaFLEUR v. CONSOL. EDISON CO. OF NEW YORK, INC.

245 A.D.2d 36 (1997)

665 N.Y.S.2d 861

Randy LaFleur, Appellant, v. Consolidated Edison Company of New York, Inc., Defendant, and Capital Cities/ABC, Inc., Sued Herein as American Broadcasting Company, Respondent and Third-Party Plaintiff-Respondent. Petrocelli Electric, Inc., Third-Party Defendant-Appellant

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

December 4, 1997

The awards of $15,000 for past pain and suffering and zero for future pain and suffering deviate materially from what is reasonable compensation under the circumstances, and we increase the awards to the extent indicated.

The trial court did not err in permitting the jury to consider plaintiff's negligence in determining the liability of plaintiff's employer, third-party defendant on the theory of respondeat superior (

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