Opinion
December 27, 1961
In a negligence action by a wife to recover damages for personal injuries and by her husband to recover damages for medical expenses, and loss of services, the defendants appeal from a judgment of the Supreme Court, Queens County, entered December 28, 1960, on a jury's verdict after trial, in favor of the plaintiff wife for $7,500 and in favor of the plaintiff husband for $1,500. Judgment reversed on the facts, and a new trial granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff wife shall stipulate to reduce to $5,000 the amount of the verdict in her favor and to modify the judgment accordingly, and plaintiff husband shall stipulate to reduce to $750 the amount of the verdict in his favor and to modify the judgment accordingly, in which event the judgment as so reduced and modified is affirmed, without costs. In our opinion, the verdicts were excessive. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.