Van Syckle v. PowersVan Syckle v. Powers
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Appeals (1) from a judgment of the Supreme Court in favor of plaintiffs, entered January 24,1984 in Albany County, upon a verdict rendered at Trial Term (Conway, J.), (2) from an order of said court, entered January 24,1984 in Albany County, which granted defendant’s motion to set aside the verdict to the extent of ordering a new trial unless plaintiffs stipulated to a reduction of the verdict, and (3) from an order of said court, entered January 24, 1984 in Albany County, which denied defendant’s motion to enforce an oral settlement agreement.
In November of 1976, plaintiff John R. Van Syckle discovered a lump in his penis which was ultimately diagnosed as Peyronie’s disease, an affliction causing curvature of the penis and consequently diminished sexual function. After several months of conservative treatment, including the use of vitamin E and ultrasound, surgery was performed by defendant on June 20, 1977.
Defendant initially urges that the oral settlement agreement reached between counsel during the course of jury deliberations should be enforced. It appears undisputed that counsel for both parties, with the consent of their clients, confirmed a settlement agreement in the amount of $500,000 with a handshake, and an understanding that the terms would be placed in writing. Plaintiffs’ attorney, however, then informed the trial court that he preferred to hear the jury’s verdict. When advised by the court that no verdict would be rendered if a settlement existed, counsel stated that the case was not settled. Counsel for both parties were present in the courtroom when the verdict was reported. Plaintiffs refused to execute the necessary releases and stipulations of discontinuance, and proffered drafts totaling $500,000 were returned to defendant.
We conclude that no legally binding settlement was effected by the oral agreement between the attorneys. No attempt was made to place the agreement on the record despite invitation from the trial court to do so. Since the agreement was not in writing or conducted in open court as required by
Defendant next urges that the trial court erred in directing a verdict in plaintiffs’ favor on the issue of liability. Again, we disagree. The standard in deciding a motion for a directed verdict is whether the jury could find for the nonmoving party by any rational process (Siegel, NY Prac, § 402, p 529). The evidence is reviewed in a light most favorable to the nonmoving party, as are all questions of witness credibility (Weir v Slate,
Defendant further maintains that plaintiffs failed to meet the burden of proof concerning psychological injury since only hearsay evidence was presented on this issue. While plaintiff did not
Finally, defendant argues that the jury verdicts, even as reduced by the trial court, are grossly excessive. Plaintiffs counter by urging reinstatement of the jury’s original verdicts (see
Having carefully reviewed the entire record and considering plaintiff’s injury which we in no way minimize, we are of the opinion that $750,000 would more realistically represent just compensation for the injuries he sustained. We reach this conclusion after consideration of several recent cases before this court, particularly Rush v Sears, Roebuck & Co. (supra), where a verdict of $4,000,000 to a young woman who suffered excruciating and dramatic burns over approximately 42% of her body was reduced to $1,500,000; Caprara v Chrysler Corp. (
Accordingly, the judgment should be modified by reversing so much thereof as awarded plaintiff $1,390,000 and his wife $360,000, and a new trial is ordered only with respect to the issue of damages unless within 20 days after service of a copy of the order to be entered herein, plaintiffs shall stipulate to a reduction in the verdicts in their favor from $1,390,000 to $750,000 and $360,000 to $250,000, respectively.
Judgment modified, on the law and the facts, by reversing so much thereof as awarded plaintiff John R. Van Syckle $1,390,000 and plaintiff Jean L. Van Syckle $360,000, and a new trial ordered only with respect to the issue of damages that were awarded to plaintiffs, unless, within 20 days after the service of a copy of the order to be entered herein, plaintiffs shall stipulate to reduce the amount of the verdicts in their favor as indicated herein, in which event, the judgment, as so reduced, is affirmed, with costs to plaintiffs.
Appeal from order granting defendant’s motion to set aside the verdict dismissed as academic, without costs.
Order denying defendant’s motion to enforce the oral settlement agreement affirmed, without costs. Mahoney, P. J., Kane, Main, Weiss and Mikoll, JJ., concur.
Notes
Defendant died during the trial. This appeal is brought by the temporary administratrix of his estate.