38 A.D.2d 874 | N.Y. App. Div. | 1972
Order unanimously reversed on the law and facts and in the exercise of discretion, with costs, verdict reinstated, and judgment directed thereon in favor of plaintiff. Memorandum: We think the trial court committed error in directing that the verdict of $7,000 be set aside as excessive unless the plaintiff stipulated to reduce it to $4,000. No issue of liability is presented on this appeal. [[ Following a motor vehicle accident, plaintiff was hospitalized for four days, was required to be in bed at home for an additional seven days and was prevented from returning to work for some 13 days. The undisputed medical expenses exceeded $600. The attending physician testified that the plaintiff sustained a cerebral concussion, a wound to the forehead resulting in a diminution of sensation in this area, an acute cervical sprain; and the testimony revealed that plaintiff continued to have pain, headaches and a numbness in the forehead up until the time of the trial, some three years following the accident. Her attending physician also