McKENNA JR. v. LEHRER McGOVERN BOVIS, INC.


302 A.D.2d 329 (2003)

756 N.Y.S.2d 181

GEORGE A. McKENNA, JR., et al., Appellants, v. LEHRER McGOVERN BOVIS, INC., Defendant and Third-Party Plaintiff-Respondent. DONALDSON ACOUSTICS, CO., INC., Third-Party Defendant-Appellant.

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

Decided February 27, 2003.


A trade-off on a finding of liability in return for a compromise on damages is strongly indicated by a verdict that awarded nothing for pain and suffering while simultaneously finding, as indicated by the substantial awards for lost earnings, that the accident caused a serious injury (see Patrick v New York Bus Serv., 189 A.D.2d 611 [1993]). Since a new trial must be held (see id.), it is not necessary to decide whether the...

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