PEREZ v. LIVE NATION WORLDWIDE, INC.

Index No. 158373/13. Appeal No. 13579. Case No. 2020-03237.

193 A.D.3d 517 (2021)

141 N.Y.S.3d 845

2021 NY Slip Op 02259

Mark Perez, Respondent, v. Live Nation Worldwide, Inc., Appellant.

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

Decided April 13, 2021.


Attorney(s) appearing for the Case

Shaub Ahmuty Citrin & Spratt, LLP, Lake Success ( Timothy R. Capowski , John F. Watkins and Christopher Theobalt of counsel), for appellant.

Morelli Law Firm PLLC, New York ( Benedict P. Morelli and Sara A. Mahoney of counsel), and Morrison Cohen LLP, New York ( David B. Saxe of counsel), for respondent.

Malaby & Bradley, LLC, New York ( Robert C. Malaby and Maryellen Connor , and Mark A. Behrens and Cary Silverman of the bar of the District of Columbia, admitted pro hac vice, of counsel), for New York State Association for Affordable Housing, New York State Conference of Mayors and Municipal Officials, Business Council of New York State, Lawsuit Reform Alliance of New York, Building Trades Employers Association, Associated General Contractors of New York State, General Contractors Association of New York. Inc., Women Builders Council, Trucking Association of New York, New York Insurance Association, Inc., MLMIC Insurance Company, NFIB Small Business Legal Center, American Trucking Associations, Inc., Coalition for Litigation Justice, Inc., American Property Casualty Insurance Association, and National Association of Mutual Insurance Companies, amici curiae.

Segal Law Firm, P.C., New York ( Matthew Segal , Eileen Reardon , Steven Benvenisti and Bonnie Meyers of counsel), for The Brain Injury Association of New York State, The Brain Injury Alliance of New Jersey, and The Brain Injury Alliance of Connecticut, amici curiae.

Cullen & Dykman LLP, New York ( Adrienne Yaron , Olivia M. Gross , John E. Sparling , Christopher E. Ruggiero and Michael E. Joseph of counsel), for Turner Construction Company, Skanska USA Building Inc., Gilbane Building Company, Tishman Construction Corporation and The Associated General Contractors of New York State, amici curiae.

Lawrence Heisler , Brooklyn, for New York City Transit Authority, amicus curiae.

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac of counsel), and Teresa A. Klaum , President, for The Defense Association of New York, Inc., amicus curiae.

James E. Johnson , Corporation Counsel, New York ( Devin Slack and Richard Dearing of counsel), for The City of New York and Lisa Bova-Hiatt, General Counsel, New York, for New York City Housing Authority, amici curiae.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.


The awards for future lost wages (as reduced by the trial court) and for future medical, rehabilitation, and custodial care expenses are amply supported by the evidence. However, the award for past and future pain and suffering deviates materially from what would be reasonable compensation to the extent indicated (see CPLR 5501[c]). Plaintiff presented proof that he suffered a severe traumatic brain injury that resulted in encephalomalacia, cerebral atrophy, traumatic...

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