Bitzan v. Parisi

Thomas Bitzan appeals from an order granting the defendant Ernest N. Parisi a new trial and vacating the jury award of $22,500 for injuries received in an auto collision. Bitzan, a 30-year-old carpenter, sustained injuries to his neck and upper back on December 14, 1971, when his automobile was struck in the rear by Parisi’s vehicle. Parisi admitted liability for the injuries proximately caused by the collision; therefore only the question of damages was submitted to the jury.

Plaintiff’s evidence of the extent and duration of his claimed neck and back injuries may be summarized as follows:…