Mallo v. Pembleton

Order unanimously reversed on the law and facts and in the exercise of discretion, with costs, verdict reinstated, and judgment directed thereon in favor of plaintiff. Memorandum: We think the trial court committed error in directing that the verdict of $7,000 be set aside as excessive unless the plaintiff stipulated to reduce it to $4,000. No issue of liability is presented on this appeal. [[ Following a motor vehicle accident, plaintiff was hospitalized for four days, was required to be in bed at home for an additional seven days and was prevented from returning to work for some 13 days.…