Barchella v. Moser

In a negligence action to recover damages for per*325sonal injuries, the defendant appeals from a judgment of the Supreme Court, Westchester County (Miller, J.), entered August 12, 1988, which, upon jury verdict finding her 90% at fault in the happening of the accident and finding that the plaintiff suffered total damages of $275,000, is in favor of the plaintiff and against her in the principal sum of $247,500.

Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless within 20 days after…