DESIDERIO v. OCHS


294 A.D.2d 241 (2002)

741 N.Y.S.2d 865

SAMUEL DESIDERIO, Respondent, v. ROBERT L. OCHS et al., Defendants, and NEW YORK HOSPITAL, Appellant.

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

Decided May 23, 2002.


The awards for past and future pain and suffering, as reduced by the trial court, do not deviate from what is reasonable compensation for the severe brain damage sustained by plaintiff when he was four years, taking into account his preexisting impairments since birth. In addition, as the trial court indicated, defendant's evidence that the care plaintiff needs can be provided by licensed practical nurses is not so weighty as to warrant judicial "usurpation" of the jury's...

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