Lessin v. Direct Delivery Service

Judgment unanimously reversed, on the law and on the facts, and in the exercise of discretion, and a new trial ordered, with costs to defendant-appellant, on the ground that the verdict was grossly excessive. Assuming the medical testimony raised a question of fact with regard to the alleged injuries and their causal relation in respect of the occurrence, which was resolved in plaintiff’s favor, the record does not support a verdict based on loss of earnings. Plaintiff’s evidence of earnings prior .to the occurrence was vague, indefinite and illusory. Plaintiff admitted he did not maintain a…