Byrne v. Yeats Construction Management, Inc.
- Nelson Roman
- 7:12-cv-05355
- U.S. District Court · Southern District of New York
- 7
In Byrne v. Yeats, Judge Roman entered a $788,299.58 default judgment against Yeats, plus post-judgment interest.
Robert Byrne receives a $788,299.58 judgment against Yeats Construction Management, Inc., plus post-judgment interest. Monomoy Farm LLC had already been dismissed after Byrne settled with it.
What happened
In Byrne v. Yeats Construction Management, Inc., Robert Byrne sought damages after falling from a ladder while working on a construction project. The court had previously entered a default judgment against Yeats and later dismissed Byrne’s claims against Monomoy Farm LLC after Byrne settled with that defendant.
A magistrate judge recommended awarding Byrne $788,299.58, consisting of medical expenses, lost wages, past and future pain and suffering, and the filing fee. No party objected to that recommendation. The court declined to award pre-judgment interest but required post-judgment interest.
Judge Roman adopted the recommendation in its entirety, directed entry of judgment for Byrne against Yeats for $788,299.58 plus post-judgment interest, required Byrne to serve Yeats with the order, and directed the clerk to close the case.
The detailed version
- Byrne v. Yeats Construction Management, Inc. · No. 7:12-cv-05355
- Nelson Roman
- Oct. 11, 2022
Background
Robert Byrne brought claims against Yeats Construction Management, Inc. and Monomoy Farm LLC under New York Labor Law § 240 and New York common law. The claims arose from Byrne’s fall approximately fifteen feet from a ladder while working on a construction project involving buildings in North Salem, New York. The opinion states that Byrne suffered serious injuries, including fractures of his left heel bone, multiple surgeries, infections, swelling, loss of vertical stature, shock to his nervous system, and anxiety.
The court entered a default judgment against both defendants in 2016 and referred the case to Magistrate Judge Lisa Margaret Smith for a damages hearing. Monomoy Farm later successfully moved to vacate the default judgment, and after discovery the court granted its summary-judgment motion in part and denied it in part. Byrne then settled his claims with Monomoy Farm, which was dismissed from the action. Yeats never appeared or responded to Byrne’s later damages submissions.
Report and Recommendation
Magistrate Judge Andrew Krause recommended entering a monetary judgment against Yeats for $788,299.58, plus post-judgment interest under 28 U.S.C. § 1961. No party filed objections. Because there were no objections, Judge Roman reviewed the recommendation for clear error on the record.
Damages
The court adopted the recommended amounts:
- $59,267.02 for medical expenses. The recommendation reduced the documented medical expenses to account for payments and adjustments from workers’ compensation and other sources. - $56,000 for lost wages. - $312,859.06 for past pain and suffering. - $359,823.50 for future pain and suffering. - $350 for the filing fee.
These amounts totaled $788,299.58. The court found no clear error in the calculations or recommendations. It declined to award pre-judgment interest because Byrne’s amended complaint did not demand it. The court stated that post-judgment interest was required by federal law.
Disposition
The court adopted Magistrate Judge Krause’s Report and Recommendation in its entirety. It directed the clerk to enter judgment in Byrne’s favor and against Yeats for $788,299.58, plus post-judgment interest under 28 U.S.C. § 1961. The court also required Byrne to serve Yeats with the order and supporting unpublished decisions and directed the clerk to close the action.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.