Opinion
June 18, 1999
PRESENT: DENMAN, P. J., GREEN, HAYES, PIGOTT, JR., AND BALIO, JJ.
Motion for reargument granted and, upon reargument, the decision filed and the ordering paragraph of the order entered March 19, 1999 are amended by providing that the judgment insofar as appealed from is unanimously reversed on the law with costs to plaintiff and a new trial is granted on damages for conscious pain and suffering and on whether decedent's death was caused by the motor vehicle accident and, if so, on damages for wrongful death and the first sentence of the last paragraph of the decision filed March 19, 1999 is amended to read as follows: "Thus, we reverse the judgment insofar as appealed from and grant a new trial on damages for conscious pain and suffering and on whether decedent's death was caused by the motor vehicle accident and, if so, on damages for wrongful death."