Miraglia v. H & L Holding Corporation
Supreme Court of New York
799 N.Y.S.2d 162 (2004)
Frank Miraglia (plaintiff) was severely injured — becoming a paraplegic who would suffer excruciating chronic nerve pain — after falling and becoming impaled on rebar at a construction site owned by H & L Holding Corporation (defendant). After trial testimony detailing, in graphic terms, the surgical removal of the rebar and the lasting effects of his injuries, the jury awarded Miraglia $86 million, including $20 million for past pain and suffering and $55 million for future pain and suffering. Third-party defendant Lane & Sons Construction Corporation (L&S) moved to reduce the award as excessive.
Whether a trial court may reduce a jury's award of pain and suffering damages if the award deviates materially from what would be reasonable compensation given the particular facts of the case.