Afionis v. States Marine Corp.

Judgment reversed on the law and the facts and a new trial ordered, with costs to defendant-appellant unless plaintiff-respondent, within 10 days of notice of entry of the order entered herein stipulates to reduce the verdict to $4,000 in which event the judgment, as thus modified, is affirmed, without costs. In our opinion the verdict of $12,000 is excessive. It was influenced in some part by the reception in evidence erroneously of medical opinion of conditions not pleaded or stated in the bill of particulars, e.g., an inflamed condition of the plaintiff’s gums and the aggravation of a…