Opinion
December 21, 1970
Appeal from an order of the Supreme Court, entered June 9, 1970 in Broome County, setting aside verdicts for plaintiffs for damages for personal injuries in a negligence action, upon the ground of inadequacy, and granting a new trial, unless defendant should stipulate to increase the verdict for Ida Linko from $3,500 to $5,500, and the verdict for George Linko, in the derivative action, from $1,000 to $1,450. Ida Linko was a passenger in an automobile that was struck in the rear by an automobile owned and operated by defendant Sylvester Gibson. As a result of the accident, Ida Linko suffered injuries to her neck, back, and left elbow. Evidence was introduced claiming loss of wages of $1,890, and medical expenses paid by George Linko of $1,450. Although defendant contends that the injury to the elbow was not related to the accident, there is sufficient evidence in the record to support the increased verdicts for the admitted injuries to Mrs. Linko. Upon the record we may not disturb the Trial Justice's determination that the damages awarded were inadequate. ( Lewis v. Baker, 9 A.D.2d 557; Goddin v. Board of Educ., 6 A.D.2d 947; Mann v. Hunt, 283 App. Div. 140.) Order affirmed, with costs to respondents. Herlihy, P.J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur.