Quimbee logo
DMCA.com Protection Status

D'Amato v. Long Island Railroad Company

874 F. Supp. 57 (1995)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

D'Amato v. Long Island Railroad Company

United States District Court for the Eastern District of New York

874 F. Supp. 57 (1995)

Facts

Fred D’Amato (plaintiff) worked for the Long Island Railroad Company (the railroad) (defendant). One morning, D’Amato fell over a piece of the railroad’s equipment that was left on the side of the tracks. D’Amato missed 36 weeks of work and had two surgeries to release a compressed ulnar nerve and relieve his carpal tunnel syndrome. Although D’Amato endured repeated examinations, diagnostic tests, and physical therapy sessions, he continued to have pain in his hand, elbow, back, and neck. D’Amato sued the railroad for negligence. Both D’Amato and his wife testified that because of his injuries, D’Amato was depressed, and his everyday activities were restricted. D’Amato could no longer easily perform household chores, would not engage in his favorite outdoor activities, and could not sit for an extended period. The jury found the railroad negligent, with D’Amato also negligent and 15 percent responsible. The jury further found that D’Amato's injuries were permanent and awarded him $800 for past out-of-pocket expenses, $25,000 for lost earnings, $75,000 for pain and suffering up to the date of the verdict, and $60,000 for future pain and suffering. The railroad moved for a new trial, arguing that the damages were grossly excessive and should be set aside or, in the alternative, asked for remittitur reducing the jury’s award. The railroad cited cases in which plaintiffs were awarded lesser amounts for injuries like D’Amato’s.

Rule of Law

Issue

Holding and Reasoning (Bartels, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 608,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 608,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 608,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership