Opinion
July 5, 1961
In a negligence action by the infant plaintiff to recover damages for personal injuries, and by her father to recover damages for medical expenses and loss of services, defendants appeal from a judgment of the Supreme Court, Kings County, entered March 15, 1960, after a jury trial, on a verdict of $80,000 in favor of the infant and of $10,000 in favor of her father. The infant plaintiff sustained injuries when she was struck on the forehead and thrown to the sidewalk by a hand truck owned by the corporate defendant and operated by the individual defendant. It is claimed that the infant's injuries included damage to the brain with a marked personality change. Judgment reversed on the facts and new trial granted, with costs to abide the event, unless, within 20 days after entry of the order hereon, the plaintiffs shall stipulate to reduce to $25,000 the amount of the verdict in favor of the infant plaintiff, and to reduce to $2,500 the amount of the verdict in favor of the plaintiff father, in which event the judgment, as so reduced, is affirmed, without costs. In our opinion, the verdicts are grossly excessive. The award to the infant, insofar as it was based on a finding that she had sustained permanent brain damage, is against the weight of credible evidence. Nolan, P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.