OAKES, DANIEL C. v. PATEL, M.D., RAJNIKANT

Smith, J.E (dissenting in part).

I respectfully dissent in part, because I cannot agree with the majority that specified elements of the award of damages following the second trial are proper. Initially, I agree with the majority that the issue of the additur, which Justice Peradotto in her dissent asserts must be addressed before we review the excessiveness of the second verdict, is not before us. I also agree with the remainder of the majority’s determination, including that, contrary to defendants’ contention, Supreme Court properly granted those parts of plaintiffs’ post-trial motion to…