11.02.2016

SACS Appellate Group Obtains Substantial Remittitur in Kings County

In Volodymyr Vengrenyuk v. ExxonMobil Oil Corp., et al., Index. No. 30488/10 (Sup. Ct. Kings Co. 2017) (Wade, J.), the plaintiff fell while working on a construction site as a bricklayer.  The plaintiff was awarded summary judgment on his Labor Law § 240(1) claim and the matter proceeded to trial on the issue of damages where the plaintiff claimed that he suffered a fractured calcaneus and complex regional pain syndrome (“CRPS”) as a result of his fall.  A jury subsequently awarded the plaintiff $1.9 million for past and future pain and suffering.  Following the verdict, our group drafted a post-trial motion seeking a remittitur on the grounds that the jury’s award materially deviated from what would be reasonable compensation for the plaintiff’s injuries.  In a 33-page decision, the Court concurred with our analysis and reduced the $1.9 million verdict to $920,000, representing nearly $1 million in savings for our client.  Timothy Capowski and Jonathan Shaub principally drafted the successful motion.

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