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PAHUTA v. MASSEY-FERGUSON

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


February 18, 1998

DAVID J. PAHUTA, JR., Plaintiff,
v.
MASSEY-FERGUSON, INC., Defendant.

The opinion of the court was delivered by: HECKMAN

DECISION AND ORDER

 Plaintiff commenced this products liability action on October 4, 1990 *fn1" seeking damages for injuries he suffered on April 20, 1990 while operating a tractor loader with forklift attachment that was manufactured by defendant. A jury trial was held on May 5-23, 1997 before the undersigned. On May 23, 1997, the jury returned a verdict in favor of plaintiff. Entry of judgment was deferred pending counsels' stipulation on appropriate deductions from the verdict. Judgment was entered against defendant on November 17, 1997 in the amount of $ 2,136,239.40.

 Plaintiff now moves for an order granting a new trial on damages, pursuant to Rule 59(a) of the Federal Rules of Civil Procedure (Item 167). For the reasons that follow, plaintiff's motion is denied.

  BACKGROUND The jury's award of damages in this case was distributed as follows: Past Pain and Suffering $ 650,000.00 Past Medical Expenses $ 168,293.34 Past Lost Wages $ 150,000.00 Future Pain and Suffering $ 600,000.00 Future Lost Wages $ 800,000.00 Future Medical Expenses $ 300,000.00 TOTAL $ 2,418,293.64

19980218

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