From Casetext: Smarter Legal Research

Gerhardt v. Manor Oldsmobile Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1974
46 A.D.2d 657 (N.Y. App. Div. 1974)

Opinion

October 15, 1974


In an action to recover damages for wrongful death and conscious pain and suffering, defendants appeal from a judgment of the Supreme Court, Nassau County, entered November 26, 1973, in favor of plaintiff, upon a jury verdict of $175,000 for the wrongful death cause and $7,102.12 for the conscious pain and suffering cause. Judgment reversed, on the law, and new trial granted with respect to the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to a total of $107,102.12, consisting of $100,000 for decedent's death and $7,102.12 for conscious pain and suffering, to reduce the interest thereon accordingly and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion, the verdict was excessive to the extent indicated herein. Martuscello, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Gerhardt v. Manor Oldsmobile Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1974
46 A.D.2d 657 (N.Y. App. Div. 1974)
Case details for

Gerhardt v. Manor Oldsmobile Inc.

Case Details

Full title:ROBERT W. GERHARDT, as Administrator of the Estate of JEANNE A. HART…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 15, 1974

Citations

46 A.D.2d 657 (N.Y. App. Div. 1974)