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SCHWIMMER v. ALLSTATE INS. CO.

Docket No. 98-9138.

176 F.3d 648 (1999)

Frances SCHWIMMER, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 2, 1999.

Attorney(s) appearing for the Case

Evan H. Krinick, Rivkin, Radler & Kremer, Uniondale, New York, for Defendant-Appellant.

Michael D. Brookman, Brookman & Brookman, P.C., New York, New York, for Plaintiff-Appellee.

Before: WINTER, Chief Judge, NEWMAN, and SOTOMAYOR, Circuit Judges.

WINTER, Chief Judge:

Allstate Insurance Company appeals from Judge Leisure's judgment awarding Frances Schwimmer damages for past and future pain and suffering in the amount of $130,000 and prejudgment interest in the amount of $51,123. We vacate the grant of prejudgment interest but otherwise affirm.

BACKGROUND

On April 27, 1994, a van backed into and ran over Schwimmer as she was crossing a one-way street in Manhattan. Schwimmer, with the approval...

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