OAKES, DANIEL C. v. PATEL, M.D., RAJNIKANT

Peradotto, J. (dissenting).

I respectfully dissent because, in my view, the majority’s decision improperly fails to address the issue of whether the court’s additur after setting aside the first verdict was appropriate. In my view, any issues concerning the excessiveness of the second verdict should not be addressed unless and until all issues relative to the first verdict are resolved.

As the majority states, plaintiffs commenced this medical malpractice action seeking damages for the failure of defendants to diagnose and treat Daniel C. Oakes (plaintiff) for a cerebral aneurysm. Following the…