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MAZYCK v. LONG ISLAND R.R. CO.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK


August 21, 1995

MARSHALL MAZYCK, Plaintiff, against LONG ISLAND RAILROAD COMPANY (LIRR), GREGORY STAFF, RICHARD STAFF and ALAN SCOTT, Defendants.

The opinion of the court was delivered by: JOANNA SEYBERT

MEMORANDUM AND ORDER

 SEYBERT, District Judge:

 In the instant action brought by plaintiff Marshall Mazyck under the Federal Employers' Liability Act (FELA), 45 U.S.C. ยงยง 51-60, defendants Long Island Railroad Company (LIRR), Richard Staff and Alan Scott move to set aside the jury's verdict, dated June 30, 1994. In its verdict, the jury found each of these defendants liable to the plaintiff for injuries sustained in an incident occurring on August 30, 1985, wherein the plaintiff, an off-duty police officer employed by the LIRR, was beaten by codefendant Gregory Staff on a "deadhead car" operated by the LIRR. The jury found the LIRR liable to the plaintiff under the FELA for breaching its duty of providing a reasonably safe place in which to work; the liability of Richard Staff and Alan Scott, meanwhile, was premised upon the state-law tort of assault. The remaining codefendant, Gregory Staff -- who does not have an application pending before the Court -- conceded liability to the tort of battery prior to the commencement of trial.

 By Memorandum and Order dated April 28, 1995, the Court denied the post-verdict motions of defendants LIRR, Richard Staff and Alan Scott for judgment as a matter of law, or in the alternative, for a new trial, with respect to the incidence of liability. In this same Memorandum and Order, the Court also denied the LIRR's application to strike the testimony of Police Officer Zabbara, who testified at trial as an expert witness on behalf of the plaintiff. The Court, however, held in abeyance the defendants' applications for a new trial on the issue of damages, including consideration of the extent of their joint and several liability therefor, pending the submission of a stipulation by counsel setting forth the discounted present value of that portion of the damages award attributable to the plaintiff's future pain and suffering. The parties have since stipulated to the amount of $ 436,932.80 as constituting the discounted present value of the jury's award of $ 605,000.00 for future pain and suffering to be incurred by the plaintiff over his remaining life expectancy of 36 years. See Stipulation dated May 15, 1995; Docket #46, at 3 (Supplemental Verdict Form dated June 30, 1994) (jury finding of remaining life expectancy of 36 years). In view of this stipulation, the jury's compensatory damages award, as adjusted, totals $ 679,450.57, and is computed as follows: A. Loss of earnings $ 25,017.77 B. Pain and suffering from the date of the injury (August 30, 1985) through the date of verdict (June 30, 1994) 217,500.00 C. Future pain and suffering 436,932.80 TOTAL $ 679,450.57

19950821

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