`FILED: ERIE COUNTY CLERK 02m2019 02:29 P
`
`NYSCEF DOC. NO. 81
`NYSCEF DOC. NO. 81
`
`INDEX NO. 800663/2017
`INDEX NO- 800663/2017
`
`
`
`
`
`R«.C«.IV«.D \IYSCEF: 02/20/2019
`RECEIVED NYSCEF: 02/20/2019
`
`At a Special Term of the Supreme Court held in and
`for the County of Eric at the Courthouse located in the
`City of Buffalo, New York, on the 5th day of
`February, 20] 9.
`
`PRESENT:
`
`
`Hon. Mark A. Montour J.S.C.
`
`Justice Presiding
`
`STATE OF NEW YORK
`
`SUPREME COURT :: COUNTY OF ERIE
`
`ROSEANN MAURER,
`
`ORDER FOR ADDITUR
`
`Plaintiff,
`
`vs.
`
`KENDALL COLTON
`SHERRY COLTON
`
`THOMAS COLTON,
`
`Defendants.
`
`Index No.: 800663/2017
`
`Assigned Justice:
`Hon. Mark A. Montour, J.S.C.
`
`Plaintiff having moved this Court by Notice of Motion dated December 7, 20] 8, seeking an
`
`Order of additur to the jury verdict rendered on November 19, 2018, and/or ordering a new trial on
`
`the issue of damages owed to plaintiff, and
`
`Now, upon reviewing plaintist Notice of Motion and Affirmation of Terrence P. Higgins,
`
`Esq. dated December 7, 2018 with attached exhibits on behalf of plaintiff in support of said motion;
`
`and the Affirmation of Elise Cassar, Esq. dated January 14, 2019 on behalf of defendants in
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`opposition thereto; and the Reply Affirmation of Terrence P. Higgins, Esq. dated January 21, 2019
`
`with attached exhibit in further support of said motion; and
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`lof2
`1 of 2
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`
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`FILED: ERIE COUNTY CLERK 02/20/2019 02:29 PM
`FILED: ERIE COUNTY CLERK 02m2019 02:29 P
`
`NYSCEF DOC. NO. 81
`NYSCEF DOC. NO. 81
`
`INDEX NO. 800663/2017
`INDEX NO- 800663/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 02/20/2019
`RECEIVED NYSCEF: 02/20/2019
`
`
`
`Now upon hearing oral argument of counsel on behalfof the respective parties on February 5,
`
`20l9, and due deliberation being given thereto, it is hereby
`
`ORDERED that plaintiff’ s motion is granted, and it is further
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`ORDERED that additur is made for future medical expenses increasing the jury’s verdict
`
`from $125,000 to $130,000, and it is further
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`ORDERED that additur is made for future pain and suffering increasing the jury’s verdict
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`from $266,305 to $480,000, and it is further
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`ORDERED that the jury verdict for past pain and suffering shall remain as rendered by the
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`jury in the amount of $108,695, and it is further
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`ORDERED that the modified total verdict shall be $718,695; and it is further
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`ORDERED that defendants shall have 20 days from service of the executed order to advise
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`in writing as to their agreement to additur herein, and if defendants do not agree to such additur as
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`set forth, then plaintiff shall be granted a new trial on damages owed her by defendants.
`
`an
`Granted this :3 '
`
`day of February, 2019.
`
`Hon. Mark A. Montour
`
`Justice of the Supreme Court
`
`20f2
`2 of 2
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`
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