Opinion
March 26, 1963
Judgment in favor of plaintiff Sidney T. Schneider unanimously reversed upon the facts and complaint dismissed, and judgment in favor of Paul Schneider, an infant, by his guardian ad litem, reversed on the facts and a new trial ordered unless plaintiff stipulates within 10 days after service of a copy of the order to be entered herein, with notice of entry, to reduce the verdict to $40,000, in which event judgment affirmed, without costs. We find that plaintiff established a cause of action for negligence against defendant and that there was no substantial error in the record. The infant had previously received $47,500 and his father $10,000 for medical expenses and loss of services in settlement of another suit against another defendant involving the same accident. The father's actual medical expenses were less than $2,500. No actual loss of services was established. The amount already received was ample compensation for the damages suffered. The infant plaintiff was seriously and, in all probability, permanently injured. However, a total compensation of $87,500 compares very favorably with other awards for like disabilities. Settle order on notice.
Concur — Botein, P.J., Valente, McNally, Stevens and Steuer, JJ.