TURNBULL v. USAIR, INC.

No. 243, Docket 97-7148.

133 F.3d 184 (1998)

James TURNBULL and Karen Turnbull, Plaintiffs-Appellees, v. USAIR, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 6, 1998.


Attorney(s) appearing for the Case

Richard F. Griffin, Buffalo, NY (Donna M. Lanham, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, on the brief), for Defendant-Appellant.

Dan D. Kohane, Buffalo, NY (Vincent G. Saccomando, Hurwitz & Fine, P.C., Buffalo, NY, on the brief), for Plaintiffs-Appellees.

Before: MESKILL, JACOBS, Circuit Judges, and KORMAN, District Judge.


JACOBS, Circuit Judge:

The sole appellate issue presented in this diversity tort case is the applicability of the New York statute allowing an offset for economic loss that will be recovered from a collateral source. The district court ruled that the jury award for lost future earnings is not subject to offset in the amount of future Social Security disability payments, because the record does not demonstrate that the particular disorders that supported the jury award...

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