Silver v. Tops Markets, Inc.

Judgment unanimously reversed on the law with costs and new trial granted on damages only. Memorandum: Plaintiff commenced this action seeking damages for injuries sustained to her head and neck as a result of being struck by a falling sign at defendant’s store. Following trial, the jury found defendant negligent and awarded plaintiff damages in the amount of $250 for past pain and suffering and no damages for future pain and suffering, past and future lost earnings, and past medical expenses.

Considering the ample and virtually uncontroverted evidence adduced by plaintiff with respect to…