Sheppard v. Charles A. Smith Well Drilling & Water Systems

Yesawich, Jr., J. (concurring).

Were it not for the fact that the verdict is inadequate as a matter of law, I would, in accordance with our decision in Bodner v Steinhardt (71 AD2d 702), direct a new trial on the liability issue only.

Though pain and suffering are sparingly treated in the court’s charge, had that treatment been less than adequate, plaintiff’s experienced trial counsel would have voiced appropriate objection either at the trial, or in plaintiff’s motion for a new trial, or on appeal, thus, at least properly preserving this issue for appellate review (Caprara v Chrysler Corp., 52…