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ALVAREZ-ICAZA v. CARTIER INC.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


March 14, 1996

JESUS ALVAREZ-ICAZA, Plaintiff, against CARTIER INCORPORATED and AWNINGS UNLIMITED, Defendants. AWNINGS UNLIMITED, Third-Party Plaintiff, - against - KLEEN AWN and FABRIC CONCEPTS FOR INDUSTRY, INC., d/b/a THE AWNING MAN, Third-Party Defendants. KLEEN AWN, INC., Second Third-Party Plaintiff, - against - COUNTY AWNING CLEANING SYSTEMS, and AWNING CLEANING INC., a Connecticut Corporation, Second Third-Party Defendants.

The opinion of the court was delivered by: BAER

Decision

 Harold Baer, Jr., U.S.D.J. *fn1"

 STATEMENT OF FACTS This cause came on for trial before this Court and a jury on November 14, 15, 17, 20, and 21, 1995. *fn2" The Court submitted special interrogatories to the jury which found that both direct defendants, Cartier Incorporated and Awnings Unlimited, were negligent, that the third-party defendants, Fabric Concepts for the Industry, Inc. d/b/a The Awning Man and Awning Cleaning Inc., were not negligent, that the negligence of both Cartier Incorporated and Awnings Unlimited was a proximate cause of plaintiff's injuries, and that each direct defendant was 50% at fault. The jury itemized its verdict for the plaintiff as follows: Past medical expenses: $ 39,276.00; Past pain and suffering: $ 700,000.00; Future medical expenses: $ 204,000.00; Future loss of earning: $ 1,500,000.00; Future pain and suffering: $ 2,500,000.00.

19960314

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