Jaked v. Torncello

Cross appeals from a judgment of the Supreme Court (Hughes, J.), entered March 30, 1993 in Albany County, upon a verdict rendered in favor of plaintiff Margaret A. Jaked.

Given the proof presented at trial, we find no reason to disturb the finding that plaintiff Margaret A. Jaked sustained a permanent consequential limitation of use of her neck and/ or right shoulder as a result of a car accident involving defendant. As to the issue of damages, we rule that, in light of the conflicting testimony and disputed issues of fact relating to the extent and permanency of Jaked’s injuries, the jury’s…