BACKUS v. HEALTH

CA 11-00620.

91 A.D.3d 1284 (2012)

937 N.Y.S.2d 773

2012 NY Slip Op 554

DARNELL BACKUS, Respondent, v. KALEIDA HEALTH, Doing Business as BUFFALO GENERAL HOSPITAL, et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided January 31, 2012.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the post-trial motions in part and setting aside the verdict with respect to the award of damages for future lost earnings and past and future pain and suffering only and as modified the judgment is affirmed without costs, and a new trial is granted on those elements of damages only unless plaintiff, within 20 days of service of a copy of the order of this Court with notice...

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