Kielman v. Enterprise Stores, Inc.

Appeal from an order of the Supreme Court, Schenectady County, setting aside a jury verdict in favor of the respondent in the amount of $18,000 on the ground of inadequacy and ordering a new trial limited to the issue of damages. The trial court’s determination as to the adequacy of a jury verdict will only be disturbed by an appellate court where it can be said that the trial court’s exercise of its discretion is not reasonably grounded (Hussey v. Oneida Motor Frgt., 30 A D 2d 741). Here respondent sustained extremely serious burns to his upper torso when sparks from an acetylene torch…