Salamone v. Wincaf Properties, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; April 23, 1998; New York; State Appellate Court
The Supreme Court of Bronx County, under Judge Hansel McGee, issued an order on April 15, 1996, following a jury trial. The court granted the plaintiff's motion to set aside the jury's damage awards for past and future pain and suffering unless the parties agreed to increase these awards from $150,000 to $500,000 and from $920,000 to $1,800,000, respectively. The court also granted the defendant Wincaf's motion for a directed verdict on its claim for common-law indemnification against third-party defendants, while denying Wincaf's motion to set aside the jury's verdict attributing 45% fault to it. The appellate court modified the trial court's decision, ruling that Wincaf's liability under Labor Law § 240(1) was vicarious only and vacated the jury's apportionment of fault against Wincaf. The matter was remanded for a new trial to reassess liability among the other defendants. The court noted that Wincaf had no direct involvement in controlling the subcontractors' work, thus supporting its claim for common-law indemnification. The trial court's conclusion that Wincaf was only vicariously liable was inconsistent with the jury's finding of 45% fault against Wincaf; therefore, the jury's apportionment of liability was unsustainable. The court affirmed the trial court’s vacatur of the jury's damage awards, agreeing that the initial award for past pain and suffering was inadequate given the plaintiff's serious injuries, which included brain injuries and two fractured vertebrae. The court found no merit in the remaining contentions from the defendant-appellant.