Tuesday, December 29, 2009

Rare 50-B Decision

The First Department today held that the discount rate (unspecified in the decision) adopted by the trial court in structuring the judgment was adequately supported by plaintiff's expert's affidavit and that the court did not abuse its discretion in requiring the purchase of an annuity contract to secure periodic payment of future damages from an insurance carrier with an A+ rating. Malloy v. Stellar Management

How much does a lost pinky cost?

According to the First Department, injuries to the left nondominant hand, including severance of the left pinky finger warranted a reduced award of $850,000 for past pain and suffering and $500,000 for future pain and suffering (14 years). Ramos v. City of New York