Preview
FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM INDEX NO. E2020001864
NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3840663
Book Page CIVIL
Return To: No. Pages: 5
GREGORY PETER KRULL
Instrument: AFFIDAVIT
Control #: 202404251278
Index #: E2020001864
Date: 04/25/2024
DOE, LG 55 Time: 2:30:20 PM
GRASSO, JOSEPH A.
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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202404251278 Index #
INDEX : E2020001864
NO. E2020001864
FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM
NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024
STATE OF NEW YORK
SUPREME COURT : COUNTY OF MONROE
LG 55 DOE,
Plaintiff, AFFIDAVIT
vs.
Index No. E2020001864
JOSEPH A. GRASSO,
Defendant.
STATE OF NEW YORK
COUNTY OF MONROE ) ss.
JENNA HILLER, being duly sworn, deposes and says:
1. I was one of the jurors in the trial held in this action, captioned LG 55 Doe v. Joseph
A. Grasso, Index No. E2020001864, and I was one of the six (6) jurors who deliberated and
rendered a verdict in this action.
2. I submit this Affidavit in support of Plaintiff, LG 55 Doe's motion to correct the
verdict with respect to the award of damages for Plaintiff's future pain and suffering and the award
for Plaintiff's future medical expenses. A copy of the signed Verdict Sheet is attached as Exhibit
A.
3. Specifically, with respect to Question No. 4, which states: "State the amount that
you award to LG 55 Doe for his future pain and suffering, caused as a result of the sexual assaults
from the date of your verdict until the period of time that the injury is expected to continue:" we
thought that this question was asking for the annual amount, not a lump sum amount. The jurors
understood and agreed that Plaintiff would receive $50,000 per year for a period of 20 years, not
a lump sum amount of $50,000 over the course of 20 years. The lump sum, total amount that the
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202404251278 IndexNO.
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FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM
NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024
jurors understood, agreed and intended to award Plaintiff for his future pain and suffering was
$1,000,000.
4. Therefore, I submit this Affidavit to correct the jury verdict to reflect the jurors
agreement and intention to award Plaintiff, LG 55 Doe, a total, lump sum amount of $1,000,000
for his future pain and suffering over the course of 20 years.
5. Similarly, with respect to Question No. 7, which states: "State the amount that you
award to LG 55 Doe for his medically related expenses, including medications, physician's
charges, nursing charges, hospital expenses, diagnostic expenses, x-ray charges, mental health
therapy, drug and alcohol treatment, including outpatient and in-patient services, and other
treatment services, that will be incurred in the future, from the date of your verdict until the period
of time that the injury is expected to continue:" we thought that this question was asking for the
annual amount, not a lump sum amount. The jurors understood and agreed that the Plaintiff would
receive $10,000 per year for a period of 20 years, not a lump sum amount of $10,000 over the
course of 20 years. The lump sum, total amount that the jurors understood, agreed and intended to
award Plaintiff for his future medical expenses was $200,000.
6. Therefore, I submit this Affidavit to correct the jury verdict to reflect the jurors
agreement and intention to award Plaintiff, LG 55 Doe, a total, lump sum amount of $200,000 for
his future medical expenses over the course of 20 years.
7. After the verdict was rendered in open court on March 13, 2024, we (the jury)
returned to the jury deliberation room and shortly after, Justice Schiano came in to speak with us.
Before the Judge could even speak, I said something to effect of, "I think we messed up, we gave
annual amounts, was it supposed to be a lump sum?" The Judge indicated that the numbers were
supposed to be a lump sum. He mentioned that we had asked for clarification on Question No. 10
2
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FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM
NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024
which related to Plaintiffs future lost wages and benefits, but not on the other questions. We
explained that when we read Questions No. 4 and 7, we thought they were asking for an annual
amount. The Judge indicated that he would let the attorneys know.
8. I was not able to sleep that night because of this mistake, so I emailed the Court at
12:27 A.M. Thursday, March 14, 2024, reiterating that a mistake had been made and the verdict
should be corrected to reflect the actual amount we had intended to award Plaintiff, LG 55 Doe.
A copy of my email that was circulated to counsel by the Court in this action is attached as Exhibit
B.
9. As explained in my e-mail and in this Affidavit, the intention of the jurors was to
award Plaintiff, LG 55 Doe, for future pain and suffering $50,000 per year for 20 years, and we
should have written the lump sum amount, which was $1,000,000.
10. Similarly, the intention for Plaintiffs future medical expenses was $10,000 ,per
year for 20 years, and we should have written the lump sum amount, which was $200,000.
11. I request that Plaintiffs motion to correct the verdict rendered on March 13, 2024,
in this action be granted, as it was our honest mistake that Questions Nos. 4 and 7 were asking for
an annual amount, and not a lump sum amount. The answer to Question No. 4 should state
"$1,000,000" and the answer to Question No. 7 should state "$200,000".
"7 14
Sworn to before me this Q('
day of March, 2024.
Notary Public
THOY8I rItinkGANIS
Noiary Pet:fro S'Ata of %ow %brit
MC:HRO€. COL_ ..147,Y Z.
Comquiaft,i9e1 aopif es 311fraCtar„.‘Ac
3
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INDEX #: E2020001864
E2020001864
FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM
NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024
STATE OF NEW YORK
SUPREME COUNTY : COUNTY OF MONROE
LG 55 DOE, WORD COUNT
CERTIFICATION
Plaintiff,
Index No. E2020001864
v.
JOSEPH A. GRASSO,
Defendant.
Pursuant to Rule 202.8-b of the Rules of this Court, I certify that the accompanying
Affidavit contains 797 words, excluding the parts of the document that are exempted by Rule
202.8-b. This certificate was prepared in reliance on the word-count function of the word-
processing system (Microsoft Word) used to prepare the document.
DATED: April 2, 2024
Buffalo, New York
LIPSITZ GREEN SCIME CAMBRIA LLP
By:
'regory P. Krull, Esq.
Att neysfor Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
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Preview
FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM INDEX NO. E2020001864 NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3840663 Book Page CIVIL Return To: No. Pages: 5 GREGORY PETER KRULL Instrument: AFFIDAVIT Control #: 202404251278 Index #: E2020001864 Date: 04/25/2024 DOE, LG 55 Time: 2:30:20 PM GRASSO, JOSEPH A. Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 5 202404251278 Index # INDEX : E2020001864 NO. E2020001864 FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024 STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE LG 55 DOE, Plaintiff, AFFIDAVIT vs. Index No. E2020001864 JOSEPH A. GRASSO, Defendant. STATE OF NEW YORK COUNTY OF MONROE ) ss. JENNA HILLER, being duly sworn, deposes and says: 1. I was one of the jurors in the trial held in this action, captioned LG 55 Doe v. Joseph A. Grasso, Index No. E2020001864, and I was one of the six (6) jurors who deliberated and rendered a verdict in this action. 2. I submit this Affidavit in support of Plaintiff, LG 55 Doe's motion to correct the verdict with respect to the award of damages for Plaintiff's future pain and suffering and the award for Plaintiff's future medical expenses. A copy of the signed Verdict Sheet is attached as Exhibit A. 3. Specifically, with respect to Question No. 4, which states: "State the amount that you award to LG 55 Doe for his future pain and suffering, caused as a result of the sexual assaults from the date of your verdict until the period of time that the injury is expected to continue:" we thought that this question was asking for the annual amount, not a lump sum amount. The jurors understood and agreed that Plaintiff would receive $50,000 per year for a period of 20 years, not a lump sum amount of $50,000 over the course of 20 years. The lump sum, total amount that the 2 of 5 202404251278 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024 jurors understood, agreed and intended to award Plaintiff for his future pain and suffering was $1,000,000. 4. Therefore, I submit this Affidavit to correct the jury verdict to reflect the jurors agreement and intention to award Plaintiff, LG 55 Doe, a total, lump sum amount of $1,000,000 for his future pain and suffering over the course of 20 years. 5. Similarly, with respect to Question No. 7, which states: "State the amount that you award to LG 55 Doe for his medically related expenses, including medications, physician's charges, nursing charges, hospital expenses, diagnostic expenses, x-ray charges, mental health therapy, drug and alcohol treatment, including outpatient and in-patient services, and other treatment services, that will be incurred in the future, from the date of your verdict until the period of time that the injury is expected to continue:" we thought that this question was asking for the annual amount, not a lump sum amount. The jurors understood and agreed that the Plaintiff would receive $10,000 per year for a period of 20 years, not a lump sum amount of $10,000 over the course of 20 years. The lump sum, total amount that the jurors understood, agreed and intended to award Plaintiff for his future medical expenses was $200,000. 6. Therefore, I submit this Affidavit to correct the jury verdict to reflect the jurors agreement and intention to award Plaintiff, LG 55 Doe, a total, lump sum amount of $200,000 for his future medical expenses over the course of 20 years. 7. After the verdict was rendered in open court on March 13, 2024, we (the jury) returned to the jury deliberation room and shortly after, Justice Schiano came in to speak with us. Before the Judge could even speak, I said something to effect of, "I think we messed up, we gave annual amounts, was it supposed to be a lump sum?" The Judge indicated that the numbers were supposed to be a lump sum. He mentioned that we had asked for clarification on Question No. 10 2 3 of 5 202404251278 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024 which related to Plaintiffs future lost wages and benefits, but not on the other questions. We explained that when we read Questions No. 4 and 7, we thought they were asking for an annual amount. The Judge indicated that he would let the attorneys know. 8. I was not able to sleep that night because of this mistake, so I emailed the Court at 12:27 A.M. Thursday, March 14, 2024, reiterating that a mistake had been made and the verdict should be corrected to reflect the actual amount we had intended to award Plaintiff, LG 55 Doe. A copy of my email that was circulated to counsel by the Court in this action is attached as Exhibit B. 9. As explained in my e-mail and in this Affidavit, the intention of the jurors was to award Plaintiff, LG 55 Doe, for future pain and suffering $50,000 per year for 20 years, and we should have written the lump sum amount, which was $1,000,000. 10. Similarly, the intention for Plaintiffs future medical expenses was $10,000 ,per year for 20 years, and we should have written the lump sum amount, which was $200,000. 11. I request that Plaintiffs motion to correct the verdict rendered on March 13, 2024, in this action be granted, as it was our honest mistake that Questions Nos. 4 and 7 were asking for an annual amount, and not a lump sum amount. The answer to Question No. 4 should state "$1,000,000" and the answer to Question No. 7 should state "$200,000". "7 14 Sworn to before me this Q(' day of March, 2024. Notary Public THOY8I rItinkGANIS Noiary Pet:fro S'Ata of %ow %brit MC:HRO€. COL_ ..147,Y Z. Comquiaft,i9e1 aopif es 311fraCtar„.‘Ac 3 4 of 5 202404251278 IndexNO. INDEX #: E2020001864 E2020001864 FILED: MONROE COUNTY CLERK 04/02/2024 05:04 PM NYSCEF DOC. NO. 246 RECEIVED NYSCEF: 04/02/2024 STATE OF NEW YORK SUPREME COUNTY : COUNTY OF MONROE LG 55 DOE, WORD COUNT CERTIFICATION Plaintiff, Index No. E2020001864 v. JOSEPH A. GRASSO, Defendant. Pursuant to Rule 202.8-b of the Rules of this Court, I certify that the accompanying Affidavit contains 797 words, excluding the parts of the document that are exempted by Rule 202.8-b. This certificate was prepared in reliance on the word-count function of the word- processing system (Microsoft Word) used to prepare the document. DATED: April 2, 2024 Buffalo, New York LIPSITZ GREEN SCIME CAMBRIA LLP By: 'regory P. Krull, Esq. Att neysfor Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 5 of 5