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
Issue
Holding and Reasoning (Salerno, J.)
What to do next…
Here's why 779,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 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.
