Eisenberg v. Gold Flowers Design Inc.
- Philip Halpern
- 7:20-cv-02488-PED
- U.S. District Court · Southern District of New York
- 4
Eisenberg v. The Mansion A Lawrence: Judge Halpern entered a $40,000 default judgment after adopting a magistrate judge’s damages recommendation.
Elaine and Douglas Eisenberg received a $40,000 judgment against The Mansion A Lawrence. Gold Flowers Design, Inc. was no longer part of this dispute because the claims against it had settled. The Mansion A Lawrence was ordered to pay the judgment, and the case was closed.
What happened
In Eisenberg v. The Mansion A Lawrence, Elaine and Douglas Eisenberg sued over injuries Elaine Eisenberg allegedly suffered in a slip-and-fall at a wedding. The court had already entered a default judgment establishing the defendant’s liability, and Gold Flowers Design, Inc., an additional defendant, had settled earlier.
A magistrate judge reviewed the evidence without an in-person hearing and recommended $30,000 for past pain and suffering, $5,000 for future pain and suffering, and $5,000 for Douglas Eisenberg’s loss of consortium. The plaintiffs had sought $3,200,000 in damages.
Judge Philip M. Halpern found no clear error, adopted the magistrate judge’s report, and directed entry of judgment against The Mansion A Lawrence for $40,000. He also directed the clerk to close the case and stated that the parties’ failure to object prevented appellate review of the decision.
The detailed version
- Eisenberg v. Gold Flowers Design Inc. · No. 7:20-cv-02488-PED
- Philip Halpern
- Mar. 1, 2023
Background
Elaine and Douglas Eisenberg brought claims for negligence and loss of consortium. They alleged that Elaine Eisenberg slipped and fell at a wedding on August 19, 2018, because of The Mansion A Lawrence’s negligence, causing a serious injury to her left knee. The complaint sought $3,200,000 in damages. Gold Flowers Design, Inc., which had also originally been named as a defendant, settled the claims against it on January 18, 2021.
By an earlier order, the court granted the plaintiffs’ motion for a default judgment as to liability against The Mansion A Lawrence. A default judgment is a judgment entered when a defendant does not defend the case. The court referred the damages issue to Magistrate Judge Paul E. Davison for an inquest and a report and recommendation. Judge Davison issued his report on May 9, 2022, and no party filed objections.
Damages Recommendation
The court explained that, when no objections are filed, it may adopt a magistrate judge’s report if the record contains no clear error. The court agreed that the evidence supported determining damages from written submissions rather than holding an in-person hearing.
The court also agreed that the evidence established Elaine Eisenberg’s injuries and resulting damages under New York law. The recommended award included $30,000 for past pain and suffering and $5,000 for future pain and suffering. Although the plaintiffs sought $177,750 in compensatory damages for those injuries, the magistrate judge compared similar cases and concluded that the larger awards involved additional injuries or surgeries that Elaine Eisenberg did not suffer or undergo. The court further approved $5,000 for Douglas Eisenberg’s loss of consortium based on his performance of tasks and household chores that he normally would not have performed.
Ruling
Judge Philip M. Halpern found no clear error in Magistrate Judge Davison’s analysis and adopted the report and recommendation. The court directed the clerk to enter judgment against The Mansion A Lawrence for $40,000 and to close the case. The court stated that the parties’ failure to file written objections precluded appellate review of the decision. It also directed the plaintiffs to mail a copy of the order to The Mansion A Lawrence.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.