10.02.2015

SACS Appellate Group Scores Another Victory In $12.2 Million Catastrophic Injury Case

Talenti v. Consol. Edison, Inc., 2015 NY Slip Op 31911(U) (Sup. Ct. New York Co. 2015) (Jaffe, J.), involved one of dozens of personal injury actions in the mass tort litigation arising out of the 2007 steam pipe explosion at 41st Street and Lexington Avenue.  See In Re: Steam Pipe Explosion at 41st Street and Lexington Avenue, Index No. 768000/2008 (Sup. Ct. New York Co. 2008).  Our group monitored the damages-only trial in Talenti and, following a jury verdict awarding the plaintiff $12.2 million in damages, filed a post-trial motion and appeal principally drafted by Tim Capowski that resulted in a substantial reduction to $4.7 million.  Matter of Steam Pipe Explosion at 41st St. & Lexington Ave., 147 A.D.3d 421, 422 (1st Dep’t 2017).  That’s a savings to our client of $7.5 million.  Additionally, the reduced award will be further reduced by the amount of the available G.O.L. 15-108 set-off due to a co-defendant’s pretrial settlement with the plaintiff (the amount of which has not yet been disclosed).

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