Doe v Grasso

Holding The court affirmed the judgment regarding pain and suffering and lost earnings but set aside the verdict for past and future medical expenses, finding the future award based on uninformed speculation. A new trial on medical expenses was granted unless the plaintiff stipulated to reduce past medical expenses to the proven amount and future medical expenses to zero.

The court’s words

Plaintiff, however, failed to establish with the requisite reasonable certainty the value of any future medical expenses that he would require

2026 NY Slip Op 04612, at the official text

the award of damages for past and future medical expenses was based in part on "uninformed speculation"

2026 NY Slip Op 04612, at the official text

the information provided by the juror affidavits... was not to impeach the verdict but to correct the verdict

2026 NY Slip Op 04612, at the official text