91 A.D.2d 608 | N.Y. App. Div. | 1982
— In two jointly tried negligence actions, arising out of a motorcycle accident, to recover, inter alia, for wrongful death and personal injuries, respectively, defendant County of Nassau appeals (1) in Action No. 1, from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered November 16, 1981, after a jury trial, upon a special verdict which found both the plaintiff Rowan’s decedent and the defendant county guilty of negligence which proximately caused the accident, apportioned fault at 80% and 20%, respectively, and determined plaintiff Rowan’s damages at $500,000 which were thereupon reduced by the court to $100,000 pursuant to the jury’s apportionment, and (2) in Action No. 2, from a judgment of the same court, entered November 12, 1981, upon the jury’s verdict assessing plaintiff Angona’s damages at $800,000. Judgment entered November 16,1981, reversed, on the law, without costs or disbursements, and new trial granted, limited to the issue of damages only, unless within 20 days after service upon plaintiff Rowan of a copy of the order to be made hereon, with notice of entry, he serves and files in the office of the clerk of the Supreme Court, Nassau County, a written stipulation consenting to reduce the judgment in his favor to the principal sum $30,000, as apportioned, and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended is affirmed, without costs or disbursements. The jury’s findings of fact as to liability and the apportionment of damages are affirmed. Judgment entered November 12, 1981, affirmed, without costs or disbursements. In view of the statutory mandate that, in a wrongful death action, the
