39 A.D.2d 902 | N.Y. App. Div. | 1972
Judgment, Supreme Court, New York County, after jury trial, reversed, on the law, on the facts and in the exercise of discretion, and vacated, and a new trial directed, with costs and disbursements to abide the event, unless plaintiff stipulates within 20 days of the publication of the order entered hereon to accept the sum of $150,000 in lieu of the amount of the judgment as appealed from, in which case the judgment, as modified, will be affirmed as to plaintiff against Grey Public Relations, Inc., Hoffman Motors Corp. and Dawn Animal Agency, Inc., with interest, and respondent shall recover of said appellants $50 costs and disbursements of the appeal. The charge of the court submitted the issue of absolute liability to the jury and there is ample evidence to support its finding of liability. We agree with the dissent that even if, as claimed, negligence were charged, there would be sufficient to sustain it. We find that the figure of $250,000, to which the original verdict was reduced, still to be grossly excessive in light of the nature and extent of the injuries and the special damages claimed. Plaintiff’s doctors’ bills totaled $1,880, her hospital expenses $2,440.26, plus a claimed loss of earnings of $800, making a total of $5,120. Plaintiff also has a residual sear approximately five by nine inches on the left upper leg. In considering all of the factors involved, we deem the figure of $150,000 to be adequate compensation. We find no basis for the imposition of liability