## Facts

- Gloria B. Grayson, a 21-year-old aspiring opera singer with extensive musical training, walked at night in front of Irvmar Realty Corp.’s property.
- A construction sidewalk bridge at the location allegedly was not properly lighted as required by the New York City Administrative Code § C26-557.0.
- Grayson fell and sustained a fractured leg and minor hearing loss after striking her head on the pavement.
- Grayson claimed the hearing loss impaired her ability to control pitch, harming her prospective singing career.
- At trial, her voice teacher and opera coach testified she had a superior voice and strong prospects for an operatic career.
- A jury found Irvmar negligent and awarded $50,000 in damages, including an amount for loss of future earning capacity.

## Issues

1. Whether failure to properly light a construction sidewalk bridge in violation of the Administrative Code constituted actionable negligence toward a pedestrian.
2. Whether the inadequate lighting was a proximate cause of Grayson’s fall and injuries.
3. Whether a plaintiff not yet employed in her intended profession may recover damages for loss of future earning capacity based on demonstrated special talent and training.
4. Whether the $50,000 verdict, particularly the component attributed to future earning capacity, was excessive or unduly speculative.

## Decision

- The court left the jury’s liability determination undisturbed, treating noncompliance with the lighting requirement as evidence supporting negligence and causation.
- The court held that a plaintiff may recover for loss of future earning capacity even without an established work history in the profession when the plaintiff shows a special or rare talent and a measurable impairment from the injury.
- The court found the jury’s damages award excessive and reduced the verdict (remittitur) to an amount it considered supported by the evidence.

## Legal Principles

- Violation of a specific safety requirement in the New York City Administrative Code may constitute evidence of negligence toward those the provision is intended to protect.
- Loss of future earning capacity may be awarded to a plaintiff who has not yet entered the occupation if the plaintiff proves special or rare talent, substantial preparation, and that the injury measurably impairs the ability to pursue that work.
- Future-earnings awards must be grounded in evidence and reasonable probability; appellate courts may reduce awards deemed excessive because they rest on conjecture about extraordinary success.

## Conclusion

The court sustained liability for injuries caused by inadequate lighting on a construction sidewalk bridge and recognized that a highly trained, not-yet-employed performer may recover for diminished future earning capacity when injury measurably impairs proven talent, while requiring that such awards remain evidence-based and subject to reduction when excessive.


Grayson v. Irvmar Realty Corp., 7 A.D.2d 436, 184 N.Y.S.2d 33 (App. Div. 1st Dep’t 1959)