Gallo v. Cook

— Judgment unanimously reversed, on the law and facts, with costs, and new trial granted. Memorandum: In this personal injury action, plaintiff Stella Gallo seeks money damages for injuries sustained as a result of a fall allegedly caused by the negligence of defendants. Her husband Joseph Gallo brings a derivative claim for the loss of her services and society. The jury awarded $20,000 to Stella Gallo on the personal injury action and found her 50% comparatively negligent. The jury denied any recovery to Joseph Gallo.

*981The record reveals that Stella Gallo suffered a severe fracture of her left…