Justin M. Shubbuck v. Sean M. Conners
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
----------------------------------------------------------------No. 225 SSM 36
Justin M. Shubbuck,
Respondent,
v.
Sean M. Conners et al.,
Appellants.
Submitted by Merril Biscone, for appellants.
Submitted by Wayne C. Felle, for respondent.
MEMORANDUM:
The order of the Appellate Division should be modified,
with costs to defendants, by remitting the matter to Supreme
Court for further proceedings in accordance with this memorandum
and, as so modified, affirmed.
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SSM No. 36
Plaintiff's own testimony, without more, was
insufficient to establish by a reasonable certainty his loss of
future wages as a result of the accident.
In this case, the W-2
forms and tax returns that plaintiff introduced demonstrated his
yearly income post accident but they were not probative of a
reduction in future wages as a result of the accident because
they did not compare his pre and post accident income nor compare
his post accident income with the income of similarly situated
employees in plaintiff's company.
Accordingly, there is "no
valid line of reasoning and permissible inferences which could
possibly lead rational [people] to the conclusion reached by the
jury on the basis of the evidence presented at trial" (Cohen v
Hallmark Cards, 45 NY2d 493, 499 [1978]).
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On review of submissions pursuant to section 500.11 of the Rules,
order modified, with costs to defendants, by remitting to Supreme
Court, Erie County, for further proceedings in accordance with
the memorandum herein and, as so modified, affirmed. Chief Judge
Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and
Jones concur.
Decided October 21, 2010
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