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CPLR §2221 and 4404(a)

A Bronx Personal Injury Lawyer said that, plaintiffs move, pursuant to CPLR 4404(a), to set aside the jury’s verdict and directing a new trial unless defendant stipulates to increasing the jury’s verdict regarding: (a) damages to plaintiff for past pain and suffering including loss of enjoyment of life; (b) awarding plaintiff damages for future pain and suffering; (c) awarding plaintiff damages for future lost wages; and d) awarding to plaintiff, the husband of the injured plaintiff, damages for the loss of services and society of his wife. Defendant cross moves for an order, pursuant to CPLR §2221 and 4404(a) to set aside the verdict and remand this action for a new trial on liability and damages.

The essential facts in this case arise from an accident that occurred on October 26, 2001 at a Special Education School located in the Bronx. At that time, plaintiff was employed by defendant as a school counselor. Her educational background includes receiving B.A. and M.A. degrees in school psychology and advanced training as a school psychologist and counselor. The student body which attended the school, where plaintiff was assigned, is composed of students who are behaviorally and or emotionally disturbed, some who have attention disorder deficits and students who are otherwise handicapped.

On October 26, 2001, the day when the incident occurred upon which plaintiffs’ action is premised, plaintiff, was assisting another teacher with escorting a class of twelve (12) students from the school cafeteria to their classroom located on another floor in the school. The event which preceded this circumstance was a fight that occurred in the school cafeteria between two students. It is unclear how long the two students were fighting but this altercation occurred in the presence of plaintiff, the class teacher, and a school guard who was in the cafeteria. It is clear that the two protagonists were separated and the student, who apparently started the altercation was not one of the students assigned to the teacher’s class. After the fighting stopped, the said student was sent back to his own class. The class teacher then decided to move her students from the cafeteria to their classroom on another floor. As injury plaintiff and the students with the teacher were walking up a stairway to return to their classroom, plaintiff noticed, the student who was involved in the prior altercation, “racing up the steps” and upon catching up to the class, he again began fighting with the student in the teacher’s class who was involved in the prior altercation that occurred in the cafeteria. At this point plaintiff was on the landing and while attempting to separate the two combatants, she was pushed and fell backward on the landing, struck her head and rendered unconscious. He was removed from the school by ambulance to St. Barnabas Hospital where she was treated for four days before being released.

If your loved one suffered personal injuries, seek the help of a Bronx Brain Injury Attorney and Bronx Injury Attorney at Stephen Bilkis and Associates in order to know how you file a claim.

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