Lashbrooks claimed he suffered cervical and lumbosacral sprains, which prevented him from performing his work as a builder that requires heavy lifting or prolonged standing. The Court found Lashbrook was limited by his physical condition, but not incapacitated by it. While it is logical to assume Lashbrook suffered a diminuation of his income, the Court found no probative evidence to calculate the amount of that loss.
The Court also found that Lashbrook, who owned several properties in the process of being restored at the time of the accident, could not receive damages for his inability to carry out repairs or pay to have them performed, for he could sell the properties to prevent them from diminishing in value. The Court awarded Lashbrook $55,500 for past pain and suffering, and $68,500 for future pain and suffering. Lashbrook was represented by John C. Setright of the Setright & Longstreet Law firm in Syracuse. See: Lashbrooks v. New York, Court of Claims, Rochester, Case No: 95687 (unpublished). g
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Related legal case
Lashbrooks v. New York
|Cite||Ct of Claims, Rochester, Case No. 95687|
|Level||Court of Claims|