Summary
In Mastropolo v John Lowry, Inc. (36 A.D.2d 817), the plaintiff sustained a complete fracture of the transverse process of the third lumbar vertebra.
Summary of this case from Senko v. FondaOpinion
April 26, 1971
Judgment of the Supreme Court, Bronx County, entered on July 1, 1970, in favor of the plaintiff in the sum of $40,252, reversed on the law and the facts, and a new trial granted, with costs to abide the event, unless plaintiff within 20 days of service upon him by defendant of a copy of the order entered hereon stipulates to accept $20,000 in lieu of the award in which event the judgment as so reduced and amended is affirmed, without costs and without disbursements. In our opinion the award, as reduced to $40,252, was excessive and is not supported by the record.
We would affirm. The trial court reduced the jury's verdict in plaintiff's favor from $85,000 to $40,000. Plaintiff sustained a complete fracture of the transverse process of the third lumbar vertebra. His accrued special damage at the time of trial was about $5,000. The evidence amply justifies the amount fixed by the experienced Trial Justice who was in a much better position than we are to evaluate the entire case.