Kosinski v. Consolidated Rail Corp.

Judgment unanimously reversed on the law and in the exercise of discretion without costs and new trial granted on damages only. Memorandum: While employed by defendant Consolidated Rail Corporation, plaintiff slipped and fell, allegedly sustaining serious injuries to his lower back. Following trial, the jury rendered a verdict finding both plaintiff and defendant negligent and apportioning liability equally. The jury found that plaintiff had sustained damages as follows: $7,000 for past pain and suffering; $125,000 for future pain and suffering; $400,000 for future medical expenses; $55,000…