KEEFE v. SPECIALTY STANDS INC (2000)

 Plaintiff suffered a laceration to his ulnar nerve while performing iron work on bleachers and, despite three surgeries, has a permanent loss of feeling in his right hand, which is his dominant hand, and a permanent 50% loss of strength in that hand.   After a jury trial on damages, plaintiff was awarded $1,000,000 for future pain and suffering to cover a 40-year period.   We reject defendant's contention that the award deviates materially from what would be reasonable compensation (see, CPLR 5501[c];  McKeon v. Sears, Roebuck & Co., 262 A.D.2d 7, 690 N.Y.S.2d 566, lv. denied 93 N.Y.2d 818, 697 N.Y.S.2d 566, 719 N.E.2d 927;  see also, Van Deusen v. Norton Co., 204 A.D.2d 867, 870-871, 612 N.Y.S.2d 464).   We further reject defendant's contention that Supreme Court erred in admitting evidence regarding the wage rates and fringe benefits of union ironworkers.   Although plaintiff had not begun his apprenticeship at the time of the accident, he had completed all written and physical tests and had been notified that he would be accepted into the apprenticeship program.   Thus, the loss of earnings was established with reasonable certainty (see, Cranston v. Oxford Resources Corp., 173 A.D.2d 757, 758, 571 N.Y.S.2d 733, lv. denied 78 N.Y.2d 860, 576 N.Y.S.2d 219, 582 N.E.2d 602;  see generally, Johnston v. Colvin, 145 A.D.2d 846, 848-849, 535 N.Y.S.2d 833;  cf., Naveja v. Hillcrest Gen. Hosp., 148 A.D.2d 429, 430, 538 N.Y.S.2d 584).

Judgment unanimously affirmed with costs.

MEMORANDUM: