Opinion
May 3, 1971
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered February 24, 1970 in their favor, upon a jury verdict after trial upon the issue of damages. Judgment reversed, on the law, and new trial granted in the interests of justice, solely on the question of the amount of damages sustained by plaintiffs, with costs to abide the event. In our opinion, a new trial is required in the interests of justice. The rulings made by the learned Trial Justice with respect to his minutes on the prior trial of the liability issue and his undue participation in plaintiffs' efforts to adduce expert medical proof may have improperly influenced the jury's evaluation of plaintiffs' case. We do not pass upon the question of the inadequacy of the verdict as to damages. Rabin, P.J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.