Griffin v. Nissen

Order unanimously reversed, without costs, and motion denied. Memorandum: *809Plaintiff sustained back injuries in 1971 when a car in which he was a passenger was struck in the rear by defendants’ car. After a jury verdict in his favor for $5,000, plaintiff moved to set the verdict aside as to damages only, on the ground that he was prejudiced by the court’s instruction to the jury concerning his failure to call a Dr. Duggan. The court granted the motion. Plaintiff testified that he experienced back problems since 1955. In 1968 he consulted a Dr. Duggan for those problems and had his back X-rayed…