Allen v. Lowczus

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J), entered January 7, 2013 in a personal injury action. The order granted plaintiffs motion to set aside the verdict and granted a new trial on the issues of liability and damages.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained in a motor vehicle accident. Following a trial, the jury found that plaintiff sustained a fracture as a result of the accident, that defendant was…