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Hoffmann v. S.J. Hawk Inc.6/11/1998
Miscellaneous Reports
SUPREME COURT QUEENS COUNTY
MEMORANDUM
FACTS
Plaintiffs commenced this action to recover damages for personal injuries and loss of services allegedly sustained as a result of a motor vehicle accident which occurred on October 29, 1991 at the intersection of 23rd Street and Queens Plaza North in Long Island City.
During the course of pre-trial discovery, defendants requested any and all documents relating to collateral source payments. In response, plaintiffs stated in their bill of particulars that the only collateral source providers were workers' compensation and no-fault, and provided authorizations for both. At no time was it disclosed that the injured plaintiff, Frank W. Hoffman, was entitled to and/or was receiving Social Security disability benefits arising out of the subject accident.
At the liability phase of the bifurcated trial, fault was determined in favor of plaintiffs. Thereafter, the matter proceeded to a trial on damages before this court. Plaintiff, Frank W. Hoffman, claimed to be totally and permanently disabled as a result of the accident. In his testimony given during the damages phase of the trial, Mr. Hoffman admitted to having previously received collateral source payments for his lost earnings resulting from his accident-related injuries. In this regard, plaintiff testified that he received Workers' Compensation benefits, No-Fault payments and Social Security disability benefits. (This testimony was elicited through the cross-examination of plaintiff by defendants' attorney.)
Although plaintiff testified to receiving collateral source payments, the jury returned a verdict which included an award of $135,000 for past lost earnings and $165,000 for future lost earnings.
On or about September 24, 1997, defendants moved for judgment notwithstanding the verdict. As part of their post-trial motion for said relief, defendants requested, in the alternative, that a collateral source hearing be scheduled pursuant to CPLR 4545(c) to determine what part of the jury's award for lost earnings may be reduced by plaintiff's collateral source payments. In connection with its request for a collateral source hearing, defendants also sought duly executed authorizations to the no-fault carrier, New York State Disability, the Workers' Compensation Board, Social Security Disability and any other collateral source provider.
By order dated January 7, 1998, the court denied the defendants' motion in its entirety. On or about January 30, 1998, defendants then moved to reargue that portion of the January 7, 1998 order which denied a collateral source hearing. By order dated February 23, 1998, this court granted the defendants' motion to reargue and scheduled a collateral source hearing for March 24, 1998.
In anticipation of the collateral source hearing, defendants' counsel served a notice of discovery and inspection, returnable March 13, 1998, requesting production of:
(1) plaintiffs' applications for no-fault benefits, workers' compensation benefits, New York State disability benefits, social security disability benefits, and any other collateral source provider; (2) all decisions or awards rendered by any no-fault arbitrator, workers' compensation Judge or social security disability Judge deciding plaintiffs' respective applications for no-fault benefits, workers' compensation benefits, New York State disability benefits, social security disability benefits, and any other collateral source provider; (3) plaintiffs' federal and state income tax returns, together with attachments, for the tax years 1991 to date; (4) current authorizations for pl
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