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Miraglia v. H & L Holding Corporation

New York Supreme Court
799 N.Y.S.2d 162 (2004)

Written by Craig Conway, LLM

Facts

Frank Miraglia (plaintiff) sustained severe injuries when he fell while traversing a trench at a construction site and became impaled on a rebar. Miraglia filed suit against H & L Holding Corporation (defendant). At trial, the jury was provided, in graphic detail, with pictures and descriptions of how the rebar was surgically removed from Miraglia as well as the nature and lasting effect of Miraglia’s injuries. A medical expert testifying on behalf of Miraglia stated that Miraglia was rendered a paraplegic as a result of his injuries and would likely suffer excruciating nerve pain in his legs for the remainder of his life. The jury awarded Miraglia $86 million in damages, including $20 million for past pain and suffering and $55 million for future pain and suffering. Lane & Sons Construction Corporation (L&S), a third-party defendant, filed a motion to reduce the damages awarded to Miraglia as excessive.

Rule of Law

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Issue

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Holding and Reasoning (Salerno, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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