UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
July 6, 1998
HENRY MONO, Individually and as Administrator of the Estate of JOYCE MONO, Deceased, Plaintiff, against PETER PAN BUS LINES, INC. and WILLIAM E. KENNEY, Defendants.
The opinion of the court was delivered by: SCHEINDLIN
OPINION AND ORDER
SHIRA A. SCHEINDLIN, U.S.D.J.:
Plaintiff Henry Mono brought this wrongful death action against defendants Peter Pan Bus Lines, Inc. ("Peter Pan") and William E. Kenney, the driver of a Peter Pan bus which allegedly struck and killed plaintiff's wife, Joyce Mono. Following a five-day trial, the jury returned a verdict in favor of plaintiff, awarding him and his two sons $ 1,050,000 in damages. Defendants now move to set aside the verdict pursuant to Fed. R. Civ. P. 50 and move for a new trial or, in the alternative, for a reduction in the jury award, pursuant to Fed. R. Civ. P. 59.
I. Factual and Procedural Background
Plaintiff alleges that on November 26, 1996, a bus operated by William Kenney and owned by Peter Pan struck and killed Joyce Mono at the intersection of Columbus Avenue and 97th Street in New York City. At the time of the accident, Joyce Mono was 57 years old and was a self-employed bookkeeper. She lived in Manhattan with her husband, Henry Mono, and her 27 year-old son, Brian Mono. Her other son, Lawrence Mono, was 29 years old and lived in California.
On March 13, 1998, the jury returned a verdict of $ 1,050,000 for plaintiff, allocating damages as follows:
Henry Mono: Loss of services and guidance - $ 378,000
Loss of earnings - $ 324,000
Brian Mono: Loss of services and guidance - $ 48,000
Lawrence Mono: Loss of services and guidance - $ 240,000
Award for pre-impact terror - $ 10,000
Award for conscious pain and suffering - $ 50,000
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