Toppin v. Capan Contracting Corp.

—In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (Gerges, J.), dated June 16, 1997, as, upon a jury verdict finding it 40% at fault in the happening of the accident and the plaintiff 60% at fault, is in favor of the plaintiff and against it in the principal sums of $90,000 for past and future lost earnings and $17,000 for past medical expenses.

Ordered that the judgment is modified by deleting the provision thereof which awarded the plaintiff $17,000 for past medical expenses…