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MONO v. PETER PAN BUS LINES

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

19980706

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